REGULATIONS GOVERNING PROPERTY DEVELOPMENT IN PHUKET
What You Need to Know Before Investing in Land
Investing in land and building a home, hotel, or condominium in Phuket can be a great idea, but before you start, it is essential to familiarize yourself with the applicable zoning laws and building restrictions. Otherwise, you may end up with a worthless property or a headache.
Due Diligence is Imperative Before placing a deposit, engage an experienced lawyer and conduct due diligence. If you proceed with your purchase without doing the necessary checks, you might find out that you’re not allowed to build your dream property after all.
Understanding Zoning Laws
Zoning laws specify what commercial or residential construction is permitted in specific areas and the allowable uses and restrictions for building in each area. In Phuket, most of the restrictions are based on the distance you can build from the shoreline. These laws are subject to regulations on the types of buildings, the number of storeys allowed, and/or the height limitations on the final construction.
Height restrictions on buildings in Phuket, the generally accepted measurement of how close to the beach you may build is from the high water mark. However, it can be subjective, and this is why some parties unknowingly wind up building where they shouldn’t have. Violating these laws can lead to the seizure of your land purchased illegally, making your property and your home demolished.
Are You Too Close To The Beach?
If you are buying beachfront land, make sure you follow the rules and do an accurate land survey; otherwise, your dream house might turn into a nightmare. In some cases, villas or townhomes were built almost right on the beach, in some cases with the approval of local government offices. Despite this “approval,” the development may nevertheless be illegal.
Check Your Slope – New Rules Governing Hillside Land Gradients
The gradient of the land is also essential to consider. In 2018, the laws were changed, and landowners were no longer allowed to construct on some of Phuket’s steeper gradients. Any buildings constructed at an elevation of 40 meters above sea level (or more) may no longer be built to a height of more than six meters.
How Wide Is Your Outside Road?
Thailand has laws governing how high a building may be and how far from the road it must sit, depending on how wide the road in question is. If the road is less than 6 meters wide, the building must be a certain distance from the road. The distance from the road and the maximum allowable building height will change with the width of the outside road.
Is Your Land in National Forest or Forestry Reserve?
Buying a villa in a forested area requires double due diligence. There have been many cases in Phuket (and elsewhere in Thailand) where large parcels of land on mountainsides, some of it on capes close to beaches, were illegally sold to private buyers. The land belongs to the government, and it can be reclaimed at any time in the future. Engage an experienced lawyer to conduct thorough due diligence and avoid potential problems.
