Building Control Act B.E. 2522 (1979)

Section 3. The following shall be repealed:

1. the Building Construction Control Act B.E. 2479 (1936);
2. the Building Construction Control Act (No. 2) B.E. 2504 (1961);
3. Announcement of the Revolutionary Council No. 192, dated 31 July B.E. 2515 (1972);
4. the Construction Control in Fire Zones Act B.E. 2476 (1933); and
5. the Construction Control in Fire Zones Act (No. 2) B.E. 2496 (1953).

Section 7. The Minister shall have the power to issue Ministerial Regulations granting exemptions or relaxations from, or prescribing conditions for compliance with, all or part of this Act in respect of the following buildings:

1. buildings of ministries, bureaus or departments used for official purposes or for the public benefit;
2. buildings of local administrations used for official purposes or for the public benefit;
3. buildings of state organisations established by law and used for the affairs of such organisations or for the public benefit;
4. ancient monuments, temples or other buildings used for religious purposes whose construction is already specifically regulated by law;
5. office buildings of international organisations or of agencies established under agreements between the Government of Thailand and foreign governments;
6. office buildings of foreign embassies or consulates;
7. temporary buildings used in connection with the construction of permanent buildings, or buildings intended for temporary use for which a time limit for demolition has been prescribed; and
8. buildings provided or developed by ministries, bureaus, departments, local administrations, state enterprises, state organisations established by law or other state agencies as housing for low-income persons, provided that no exemption or relaxation may apply to conditions concerning the structural stability or safety of the building or the safety of its occupants or users.

Section 8. For the purposes of structural stability, safety, fire prevention, public health, the protection of environmental quality, town planning, architecture, the facilitation of traffic and other matters necessary for the execution of this Act, the Minister, with the advice of the Building Control Committee, shall have the power to issue Ministerial Regulations prescribing:

1. the types, characteristics, designs, shapes, proportions, dimensions, areas and locations of buildings;
2. load-bearing capacity, resistance and durability, including the characteristics and properties of materials used;
3. the load-bearing capacity, resistance and durability of buildings and of the ground supporting buildings;
4. designs and methods relating to the installation of plumbing, gas, electrical and mechanical systems, protection against fire or other disasters, and the prevention of danger in the event of disorder or panic;
5. the design and number of bathrooms and toilets;
6. systems for managing the building environment, such as lighting, ventilation, air-conditioning, air purification, drainage, wastewater treatment and the disposal of refuse and sewage;
7. the characteristics, levels, heights and areas of open spaces outside buildings, or building lines;
8. the distances or levels between buildings, between a building and another person’s land boundary, or between a building and a road, alley, lane, footpath, way or public place;
9. areas or structures used as parking spaces, vehicle turning areas and vehicular entrances and exits for particular kinds or categories of buildings, including the characteristics and dimensions of such areas or structures;
10. areas in which the construction, alteration, demolition, removal, use or change of use of any kind or category of building is prohibited;
11. criteria, procedures and conditions for the construction, alteration, demolition, removal, use or change of use of buildings;
12. criteria, procedures and conditions for applications for licences, the granting and renewal of licences, transfers of licences, and the issuance of certificates and substitute documents under this Act;
13. the duties and responsibilities of designers, supervisors, operators, building occupiers and building owners;
14. the specific qualifications and prohibited characteristics of inspectors, including the criteria, procedures and conditions for registration as an inspector and the revocation of such registration;
15. criteria, procedures and conditions for the inspection of buildings and for the installation and inspection of building equipment and appurtenances; and
16. the kinds or categories of buildings for which the building owner, building occupier or operator must obtain liability insurance as required by law for loss of life, bodily injury or damage to the property of third parties.

A Ministerial Regulation issued under paragraph one may provide that technical details concerning the construction, alteration, demolition or removal of buildings which are subject to rapid change shall be governed by criteria prescribed by the Minister, with the advice of the Building Control Committee, by notification published in the Royal Gazette.

Section 8 bis. For the safety of the public, the Minister, with the advice of the Building Control Committee, shall have the power to issue Ministerial Regulations prescribing that particular types or characteristics of structures constructed for transporting persons within an area in the manner of an aerial cable car, or any other structure constructed for the same purpose, or particular types or characteristics of structures constructed for use as amusement rides in an amusement park or any other place for a similar purpose, shall be deemed buildings under this Act.

A Ministerial Regulation issued under paragraph one shall prescribe the criteria, procedures and conditions for construction, permission for use, inspection, load-bearing standards and safety, and the required properties of materials or equipment connected with such structures, as appropriate to each type or characteristic of structure, and may prescribe requirements differing from the provisions of this Act.

Section 9. Where a Ministerial Regulation has been issued prescribing any matter under Section 8, the local administration shall comply with that Ministerial Regulation, except in a case falling under Section 10.

Where no Ministerial Regulation has yet been issued prescribing a matter under Section 8, the local administration shall have the power to issue a local ordinance prescribing that matter.

Where a local ordinance has been issued prescribing a matter under paragraph two and a Ministerial Regulation is subsequently issued prescribing the same matter, the provisions of the local ordinance which are inconsistent or in conflict with the Ministerial Regulation shall be repealed. The provisions of the local ordinance which are not inconsistent or in conflict with the Ministerial Regulation shall remain in force until a new local ordinance is issued under Section 10, but for no longer than one year from the date on which the Ministerial Regulation comes into force.

The repeal of a local ordinance under paragraph three shall not affect any action lawfully taken under that local ordinance.

Section 10. Where a Ministerial Regulation has been issued prescribing any matter under Section 8, the local administration shall have the power to issue a local ordinance on that matter in the following cases:

1. prescribing additional details supplementing the Ministerial Regulation, provided that they are not inconsistent or in conflict with that Ministerial Regulation; or
2. prescribing provisions inconsistent or in conflict with the Ministerial Regulation where justified by necessity or special local circumstances.

A local ordinance issued under (2) shall take effect only upon approval by the Building Control Committee and authorisation by the Minister.

The Building Control Committee shall consider whether to approve or disapprove a local ordinance under (2) within sixty days from the date of receipt. If it disapproves, it shall notify the local administration of the reasons.

If the Building Control Committee fails to complete its consideration within the period specified in paragraph three, it shall be deemed to have approved the local ordinance, and the local administration shall submit it to the Minister for further consideration. If the Minister fails to issue an order within thirty days from the date of receipt of the local ordinance, the Minister shall be deemed to have approved it under paragraph two.

Section 10 bis. Where the Minister, with the advice of the Building Control Committee, considers that a local ordinance issued under Section 10 (1) is inconsistent or in conflict with a Ministerial Regulation issued under Section 8, or that a local ordinance issued under Section 10 (2) imposes an unnecessary burden or complexity upon the public, or may endanger the health, life, body or property of the public, the Minister shall have the power to notify the local administration to repeal or amend such local ordinance accordingly.

In the case under paragraph one, the local administration shall complete the repeal or amendment within one hundred and twenty days from the date of receiving the Minister's notification. In calculating such period, only the sitting days of the local administration shall be counted.

The repeal or amendment of a local ordinance under paragraph one shall not affect any act lawfully performed under such local ordinance before its repeal or amendment.

Section 13. Where it is considered necessary to prohibit the construction, alteration, demolition, removal, use or change of use of any type or category of building in any area, but no Ministerial Regulation or local ordinance has yet been issued under Section 8 (10), the Minister, after consultation with the Director-General of the Department of Public Works and Town & Country Planning or the local competent official, as the case may be, shall have the power to issue a notification in the Royal Gazette temporarily prohibiting such activities in that area. A Ministerial Regulation or local ordinance shall thereafter be issued within one year from the date on which the notification comes into force.

If no Ministerial Regulation or local ordinance is issued within the period specified in paragraph one, the notification shall be deemed revoked.

Section 13 bis. For the purpose of facilitating compliance with this Act:

1. government agencies and authorities having powers and duties under other laws shall notify the relevant local administrations of any prohibitions, restrictions or other information relating to the construction, alteration, demolition, removal or other operations under this Act for the purposes of (2);
2. the local administrations shall prepare and make available documents or publications describing the criteria, procedures and conditions for applications and approvals under this Act, together with the information received under (1), for sale or distribution to the public;
3. the local competent official shall include in every permit issued under this Act a notice stating that the permit holder remains responsible for obtaining any other permits required under other applicable laws; and
4. the local administrations may prepare standard building plans complying with this Act, the Ministerial Regulations and local ordinances issued under this Act for sale or distribution to the public.

Section 13 ter. A person required to comply with this Act who has any doubt concerning:

1. the determination of the distance or level between buildings, between a building and the boundary of another person's land, or between a building and a road, lane, alley, footpath or public place; or
2. the designation of areas in which the construction, alteration, demolition, removal, use or change of use of any type or category of building is prohibited,

may submit a written inquiry to the local competent official, who shall issue a written reply within thirty days from the date of receipt. Where the local competent official considers it necessary to consult the Building Control Committee or where there are other reasonable grounds, the period may be extended twice, each extension not exceeding thirty days.

Where the person making the inquiry acts in accordance with the written reply of the local competent official and it subsequently appears that such reply was incorrect, causing that person to act contrary to this Act, the Ministerial Regulations or local ordinances issued under this Act, or any other applicable law, that person shall not incur criminal liability.

Section 15. A member appointed by the Minister shall hold office for a term of three years.

Where a member is appointed while previously appointed members remain in office, whether as an additional appointment or to fill a vacancy, the newly appointed member shall hold office for the remainder of the term of the previously appointed members.

A member whose term of office has expired may be reappointed, but may not serve for more than two consecutive terms.

Section 16. In addition to vacating office upon the expiry of the term under Section 15, a member appointed by the Minister shall vacate office upon:

1. death;
2. resignation;
3. removal by the Minister;
4. becoming bankrupt;
5. becoming an incompetent or quasi-incompetent person; or
6. being sentenced to imprisonment by a final judgment or a lawful order, except for an offence committed through negligence or a petty offence.

Section 17. A meeting of the Building Control Committee shall require the attendance of not less than one-half of the total number of members to constitute a quorum. If the Chair is absent or unable to perform the Chair's duties, the members present shall elect one member to preside over the meeting.

A decision of the meeting shall be made by a majority of votes.

Each member shall have one vote. In the event of an equality of votes, the person presiding over the meeting shall have an additional casting vote.

Section 18. The Building Control Committee shall have the following powers and duties:

1. to advise the Minister in carrying out Section 8 or Section 10 bis;
2. to approve the issuance of local ordinances under Section 10 (2);
3. to provide advice and recommendations to local competent officials or government agencies in the execution of this Act;
4. to supervise and inspect the performance of local competent officials and other persons having duties under this Act;
5. to register inspectors and revoke their registration; and
6. to perform any other functions prescribed by this Act.

Section 19. The Building Control Committee may appoint a subcommittee to consider or carry out any matter entrusted to it by the Building Control Committee.

Section 17 shall apply mutatis mutandis to meetings of a subcommittee.

Section 20. An Office of the Building Control Committee shall be established within the Department of Public Works and Town & Country Planning and shall have the following duties:

1. to perform administrative and technical work for the Building Control Committee;
2. to perform administrative work, investigate facts and submit opinions to the Appeal Committee;
3. to coordinate with and provide assistance to local administrations, government agencies and state agencies in performing their duties under this Act, and to provide advice to the private sector; and
4. to perform any other work entrusted to it by the Building Control Committee.

Section 22. Any person intending to demolish any of the following buildings shall obtain a licence from the local competent official, or shall notify the local competent official and proceed in accordance with Section 39 bis:

1. a building exceeding fifteen metres in height situated at a distance from another building or a public place of less than its height; or
2. a building situated at a distance of less than two metres from another building or a public place.

Section 25. Upon receipt of an application for a licence, the local competent official shall examine the application and issue the licence or notify the applicant of an order refusing the application, together with the reasons therefor, within forty-five days from the date of receipt.

If, for necessary reasons, the local competent official is unable to issue the licence or an order of refusal within the period specified in paragraph one, the period may be extended not more than twice, each extension not exceeding forty-five days, provided that written notice of each extension and the reasons therefor is given to the applicant before the expiry of the original or extended period, as the case may be.

Upon issuing the licence or an order of refusal, the local competent official shall notify the applicant without delay.

Section 27. In considering an application for a licence, the local competent official may order the applicant to amend the site plan, plans, specifications accompanying the plans or the calculation report submitted so that they comply with the Ministerial Regulations issued under Section 8 or with local ordinances issued under Section 9 or Section 10. Section 25, paragraph three, shall apply mutatis mutandis.

Where the applicant has amended the site plan, plans, specifications accompanying the plans or the calculation report in accordance with such order, the local competent official shall examine the amended documents and issue the licence within thirty days. If the amendments materially depart from the order of the local competent official, the application shall be deemed a new application and shall proceed under Section 25.

Section 29. Upon receipt of the licence, the licensee shall notify the local competent official in writing of the name of the supervisor and of the dates on which the authorised works will commence and be completed, and shall attach the supervisor's written consent.

The supervisor may be any person, including the building owner, unless prohibited under the law on engineers or the law on architects.

Section 30. Where the licensee intends to terminate the appointment of the notified supervisor, or the supervisor intends to resign, written notice shall be given to the local competent official, without prejudice to the civil rights and obligations between the licensee and the supervisor.

Upon termination under paragraph one, the licensee shall suspend the authorised works until the appointment of a new supervisor has been notified to the local competent official together with the new supervisor's written consent.

Section 31. No person shall arrange for or carry out the construction, alteration, demolition or removal of a building otherwise than in accordance with the approved site plan, plans, specifications accompanying the plans, or the methods or conditions specified in the licence issued by the local competent official, or otherwise than as notified under Section 39 bis, unless:

1. the building owner has obtained a licence from the local competent official approving the amendment;
2. the building owner has notified the amendment to the local competent official; or
3. the amendment is not contrary to the applicable Ministerial Regulations or local ordinances, or falls within a case prescribed by Ministerial Regulation.

Section 25 or Section 39 bis, as the case may be, shall apply mutatis mutandis to actions under (1) or (2).

Where construction, alteration, demolition or removal is carried out in contravention of paragraph one, such act shall be deemed to be the act of the supervisor unless the supervisor proves that it was committed by another person and that the supervisor gave written notice of objection to the building owner or occupier and to the operator, but those persons failed to comply.

Section 32. Controlled-use buildings are:

1. buildings used as warehouses, hotels, condominium buildings or healthcare facilities; and
2. buildings used for commercial, industrial, educational, public health or other activities prescribed by Ministerial Regulation.

Where the licensee authorised to construct, alter or remove a controlled-use building, or the notifier under Section 39 bis, has completed the authorised works, the licensee or notifier shall notify the local competent official in writing, in the prescribed form, so that the building may be inspected within thirty days from the date of receipt of the notice.

No person shall use the building for the activity specified in the licence or notified under Section 39 bis during the period specified in paragraph two.

Where, after inspection, the local competent official is satisfied that the construction, alteration or removal complies with the licence or the notification under Section 39 bis, the local competent official shall issue a certificate permitting the use of the building. If the local competent official fails to carry out the inspection within the period specified in paragraph two, the owner or occupier may use, or permit the building to be used for, the activity specified in the licence or notification.

The owner or occupier of a controlled-use building shall not use, or permit any person to use, the building for any activity other than that specified in the licence or notification under Section 39 bis.

Section 32 bis. The owners of:

1. high-rise buildings and extra-large buildings;
2. places of public assembly; and
3. such other buildings as may be prescribed by Ministerial Regulation,

shall arrange for an engineering inspector or an architectural inspector, as the case may be, to inspect the condition of the building, its structure and appurtenant systems, including electrical and lighting systems, alarm systems, fire prevention and fire protection systems, systems for protection against danger in the event of disorder or panic, ventilation systems, drainage systems, wastewater treatment systems, mechanical systems and any other systems necessary for the prevention of hazards affecting health, life, body or property, and shall submit the inspection report to the local competent official in accordance with the criteria, procedures and conditions prescribed by Ministerial Regulation.

The local competent official shall consider the inspection report without delay for the purpose of issuing a building inspection certificate or taking action under Section 46 or Section 46 bis, as the case may be.

Section 33. The owner or occupier of a building which is not a controlled-use building shall not use, or permit any person to use, that building for an activity under Section 32 unless a licence has been obtained from the local competent official or notification has been given to the local competent official. Section 25 and Section 27, or Section 39 bis, as the case may be, shall apply mutatis mutandis.

Paragraph one shall apply mutatis mutandis to the change of use of a controlled-use building from one controlled-use activity to another.

Section 34. The owner or occupier of a building required under Section 8 (9) to provide parking areas, vehicle turning areas and vehicular entrances and exits shall not alter, use or permit another person to alter or use such areas or structures, whether in whole or in part, for any other purpose unless a licence has been obtained from the local competent official.

The prohibition under paragraph one shall constitute a real burden attaching to the immovable property for so long as the building exists, notwithstanding any subsequent transfer of the parking areas, vehicle turning areas or vehicular entrances and exits.

Section 35. A licence issued under Section 21 or Section 22 shall remain valid for the period specified therein. If the licensee wishes to renew the licence, an application for renewal shall be submitted before the licence expires. Upon submission of the application, the authorised works may continue until the local competent official issues an order refusing renewal.

Section 36. A licence issued under Section 21, Section 22 or Section 33 shall not be transferable unless written permission has been obtained from the local competent official.

Section 37. Where the holder of a licence under Section 21, Section 22 or Section 33 dies, an heir or administrator of the estate who wishes to continue the construction, alteration, demolition, removal, use or change of use of the building shall notify the local competent official in writing within ninety days from the date of the licensee's death. In such case, the heir or administrator of the estate shall be deemed to be the licensee in place of the deceased.

Section 38. During the construction, alteration, demolition or removal of a building, as the case may be, the licensee shall keep at the site one set of the licence, site plan, plans and specifications accompanying the plans, readily available for inspection by the Engineer or Inspector.

The occupier of a controlled-use building shall display the certificate issued under Section 32 or the licence issued under Section 33 in an open and conspicuous place at the building.

Section 39. If a licence or certificate is lost, destroyed or materially damaged, the licensee or certificate holder shall apply to the local competent official for a substitute licence or substitute certificate within fifteen days from the date on which the loss, destruction or damage became known.

An application for, and the issuance of, a substitute licence or substitute certificate shall be in accordance with the criteria, procedures and conditions prescribed by Ministerial Regulation.

A substitute licence or substitute certificate shall have the same legal effect as the original licence or certificate, as the case may be.

Section 39 bis. A person may construct, alter, demolish or remove a building without applying to the local competent official for a licence by giving notice to the local competent official and proceeding as follows:

1. notifying the local competent official in the prescribed form and providing the following information and documents:
   1. the name of the person responsible for the architectural design of the building, who shall be licensed to practise the controlled architectural profession at the level of Professional Architect under the law on architects and whose name has not been published under Section 49 bis;
   2. the name of the person responsible for the structural design and calculations, who shall be licensed to practise the controlled engineering profession at the level of Professional Engineer under the law on engineers and whose name has not been published under Section 49 bis;
   3. the name of the supervisor, who shall be licensed to practise the controlled architectural profession under the law on architects and the controlled engineering profession under the law on engineers and whose name has not been published under Section 49 bis;
   4. copies of the professional licences of the persons under (a), (b) and (c);
   5. certificates issued by the persons under (a), (b) and (c), confirming that they are, as the case may be, the architectural designer, structural designer and calculator or supervisor, and certifying that the proposed construction, alteration, demolition or removal complies with this Act, the Ministerial Regulations and local ordinances issued under this Act, and all other applicable laws;
   6. the site plan, plans, specifications accompanying the plans and calculation report for the building to be constructed, altered, demolished or removed, bearing the certifications of the persons under (a) and (b) that they are the architectural designer and structural designer and calculator of the building; and
   7. the dates on which the works will commence and be completed;
2. paying the fee for examination of the construction or alteration plans where notice is given of construction or alteration.

Where the notifier has completed the requirements specified in paragraph one, the local competent official shall issue a receipt of notification in the prescribed form as evidence on the date of receipt of the notification, and the notifier may commence the notified works from the date on which the receipt is issued.

Sections 38 and 39 shall apply mutatis mutandis to a receipt of notification issued under this Section.

Section 39 ter. If the local competent official subsequently finds that the notifier has provided information or submitted documents which are incorrect or incomplete under Section 39 bis, the local competent official may order the notifier to rectify them so that they are correct and complete within seven days from the date of receipt of the order.

If, within one hundred and twenty days from the date on which the receipt of notification under Section 39 bis was issued, or from the date on which the notified construction, alteration, demolition or removal commenced, as the case may be, the local competent official finds that the notified works, site plan, plans, specifications accompanying the plans or calculation report do not comply with this Act, the Ministerial Regulations or local ordinances issued under this Act, or with any other applicable law, the local competent official shall promptly notify the notifier of the objections and may proceed under Section 40, Section 41, Section 42 or Section 43, as the case may be.

If the local competent official does not notify the notifier of any objection within the period specified in paragraph two, the construction, alteration, demolition or removal shall be deemed to have been approved by the local competent official, except where:

1. the works encroach upon a public place;
2. the works concerning the distance or level between a building and a road, lane, alley, footpath or public place are contrary to a Ministerial Regulation, Notification or local ordinance issued under this Act; or
3. the works concern an area in which the construction, alteration, demolition, removal, use or change of use of any kind or category of building is prohibited and are contrary to a Ministerial Regulation, Notification or local ordinance issued under this Act, or any other applicable law.

Section 39 quinque. The owner or occupier of a building shall not use, or permit any person to use, the building or any part thereof as a theatre or place of entertainment unless a permit to use the building for a theatrical undertaking has been obtained from the competent committee under paragraph two, as the case may be.

There shall be Committees for the Consideration of Theatrical Undertakings having the power to issue, revoke, renew and transfer permits, and to issue substitute permits for theatrical undertakings, as follows:

1. for Bangkok, a committee consisting of the Director-General of the Department of Public Works and Town & Country Planning as Chair; one representative of the Bangkok Metropolitan Administration; one representative of the Department of Health, Ministry of Public Health; and one representative of the Royal Thai Police as members; and the Director of the Construction Control Division, Department of Public Works and Town & Country Planning, as member and secretary; and
2. for other provinces, a committee consisting of the Provincial Governor as Chair; the local competent official of the relevant locality; the Provincial Public Health Officer; and the Provincial Police Commander as members; and the Provincial Public Works and Town & Country Planning Officer as member and secretary.

Decisions of a committee shall be made by a majority of votes. The Chair of the relevant Committee for the Consideration of Theatrical Undertakings shall have the power to sign permits and orders relating to the issuance, revocation, renewal, transfer and substitution of permits under paragraph two.

The types of theatrical undertakings, safety systems and measures for preventing danger to audiences, and the number and spacing of facilities or components inside and outside a building used as a theatre, including projection rooms, exits, doors, seating and aisles, shall be as prescribed by Ministerial Regulation.

Section 39 sex. A permit to use a building for a theatrical undertaking shall be valid for two years and shall remain valid until 31 December of the second year calculated from the year in which the permit was issued.

The criteria, procedures and conditions governing applications, permission, renewal, transfer and issuance of substitute permits for theatrical undertakings shall be prescribed by Ministerial Regulation.

An owner or occupier wishing to renew a permit to use a building for a theatrical undertaking shall submit an application for renewal before the existing permit expires. Upon submission of the application, the undertaking may continue until the competent authority under Section 39 quinque issues an order refusing renewal.

Section 40. Where the construction, alteration, demolition or removal of a building is carried out in contravention of this Act, the Ministerial Regulations or local ordinances issued under this Act, or any other applicable law, the local competent official shall have the power to:

1. order the building owner or occupier, supervisor, operator, or their employees or assistants to suspend such acts;
2. order that no person use or enter any part of the building or the area where such acts are being carried out, and arrange for a notice of prohibition to be posted in an open and conspicuous place at the building or area; and
3. consider and issue an order under Section 41 or Section 42, as the case may be, within thirty days from the date of the order issued under (1).

Section 42. If an act under Section 40 cannot be rectified, or if the building owner fails to comply with an order of the local competent official under Section 41, the local competent official shall have the power to order the building owner or occupier, the supervisor or the operator to demolish the whole or part of the building within a specified period of not less than thirty days. The demolition shall be carried out in accordance with the criteria, procedures and conditions prescribed by the Ministerial Regulations issued under Section 8 (11), or by local ordinances issued under Section 9 or Section 10.

Section 43. If a building is not demolished in accordance with an order of the local competent official under Section 42, the local competent official shall have the power to:

1. upon expiry of the period specified under Section 42, file an ex parte petition with the court seeking an order for the arrest and detention of the person who failed to comply with the order under Section 42, with the Civil Procedure Code applying mutatis mutandis; and
2. carry out or cause the demolition to be carried out after a notice specifying the demolition schedule has been posted at the site for not less than seven days. The building owner or occupier, the person responsible for the architectural design, the person responsible for the structural design and calculations, the supervisor and the operator shall be jointly liable for the demolition expenses, unless they prove that they neither committed nor participated in the unlawful act.

Where, in carrying out the demolition under paragraph one, the local competent official or a person acting on behalf of the local competent official has exercised due care appropriate to the circumstances, no person referred to in paragraph one shall be entitled to claim damages from the local competent official or that person.

Construction materials removed and property taken from the demolished part of the building may be seized and retained by the local competent official, or sold and the proceeds retained in lieu thereof, in accordance with the criteria, procedures and conditions prescribed by Ministerial Regulation. If the owner does not reclaim the property or proceeds within thirty days from the date of demolition, the property or proceeds shall vest in the local administration and shall be applied towards the demolition expenses under this Act.

Section 46. Where a building constructed, altered or removed with permission under this Act, or constructed, altered or removed before this Act came into force, is in a condition or is used in a manner which may endanger health, life, body or property, may be unsafe from fire, may cause a nuisance or may adversely affect the protection of environmental quality, the local competent official shall have the power to order that the building be rectified in accordance with the criteria, procedures and conditions prescribed by Ministerial Regulation.

If the order under paragraph one is not complied with and the building may cause serious danger to health, life, body or property, the local competent official shall have the power to order the demolition of the building, and Section 42 shall apply mutatis mutandis.

Section 46 bis. Where the appurtenances or equipment of a building under Section 32 bis, including electrical and lighting systems, alarm systems, fire prevention and suppression systems, systems for protection against danger in the event of disorder or panic, ventilation systems, drainage systems, wastewater treatment systems, mechanical systems or other building systems, are in a condition or are used in a manner which may endanger health, life, body or property, may be unsafe from fire, may cause a nuisance or may adversely affect the protection of environmental quality, the local competent official shall have the power to:

1. order the owner or occupier not to use, or permit any person to use, such appurtenances or equipment, and arrange for a notice of prohibition to be displayed on the equipment or in an open and conspicuous place near the equipment; and
2. order the owner to rectify such appurtenances or equipment so that they are safe and fit for use within a specified period of not less than thirty days. Where reasonable grounds exist, the local competent official may extend that period.

If the order under paragraph one is not complied with and the condition or use of such equipment causes the building to present a serious danger to health, life, body or property, the local competent official may temporarily prohibit the use of the whole or part of the building and shall arrange for a notice of prohibition to be displayed in an open and conspicuous place at the building or relevant area.

Section 47. An order or notification of the local competent official under this Act, except in a case under Section 40 (2) or Section 47 bis, shall be made in writing and sent by registered mail with acknowledgment of receipt to the applicant for a licence, licensee, notifier under Section 39 bis, building owner or occupier, operator or supervisor, as the case may be, at that person's domicile, or may be recorded in a memorandum acknowledged by that person's signature.

If the local competent official is unable to effect service under paragraph one, a copy of the order or notification, as the case may be, shall be posted in an open and conspicuous place at the building or at the site where the construction, alteration, demolition, removal, use or change of use is being carried out. The applicant for a licence, licensee, notifier under Section 39 bis, building owner or occupier, operator or supervisor shall be deemed to have been informed upon the expiry of seven days from the date of posting.

Section 49. The local competent official shall have the power to appoint civil servants or employees of the local administration possessing the knowledge or qualifications prescribed by Ministerial Regulation as Inspectors or Engineers.

Where necessary, or at the request of the local competent official, the Director-General of the Department of Public Works and Town & Country Planning shall have the power to appoint engineers or architects as Engineers in accordance with the criteria prescribed by Ministerial Regulation.

Section 50. There shall be Appeals Committees composed as follows:

1. for Bangkok Metropolis and Provincial Administrative Organization areas, a committee consisting of the Permanent Secretary of the Ministry of Interior as Chair; the Director-General of the Department of Public Works and Town & Country Planning; one representative of the Office of the Attorney-General; one representative of the Office of the Council of State; one representative of the Council of Engineers; and one representative of the Architect Council of Thailand as members; together with not more than six qualified persons appointed by the Minister, at least two of whom shall be from the private sector; and the Head of the Office of the Building Control Committee as member and secretary.

A member appointed by the Minister under paragraph one (1) shall not be an official of the Bangkok Metropolitan Administration or a Provincial Administrative Organization, or a member of the Bangkok Metropolitan Council or a Provincial Administrative Organization Council.

2. for municipal areas, Pattaya City and other local administrative areas, a committee consisting of the Provincial Governor as Chair; the Provincial Public Prosecutor who is Head of the Provincial Public Prosecutor's Office; and not more than six other persons appointed by the Permanent Secretary of the Ministry of Interior, at least two of whom shall be from the private sector, as members; and the Provincial Public Works and Town & Country Planning Officer as member and secretary.

The members and secretary under paragraph one (2) shall not be officials or employees of a local administration or members of a local council.

Sections 15, 16 and 17 shall apply mutatis mutandis to an Appeals Committee.

Section 51. An Appeals Committee shall have the following powers and duties:

1. to consider and decide appeals against orders of local competent officials under this Act;
2. to require relevant persons, by written notice, to appear and give statements or to produce documents or other relevant evidence for consideration of an appeal; and
3. to inquire into facts and perform any other acts necessary for the consideration and determination of an appeal.

In performing duties under (3), a member of the Appeals Committee or a person authorised by the Appeals Committee may enter the building or premises which are the subject of the appeal between sunrise and sunset.

Section 51 bis. An Appeals Committee may appoint one or more subcommittees to consider or carry out any matter entrusted to them.

Sections 15, 16, 17 and 51 shall apply mutatis mutandis to the performance of duties by a subcommittee.

Section 52. An applicant for a licence, licensee, notifier under Section 39 bis or person receiving an order from a local competent official under this Act shall have the right to appeal the order to the Appeals Committee within thirty days from the date of receipt of the order.

An appeal under paragraph one shall be made in writing and submitted to the local competent official who issued the order. The local competent official shall forward the appeal, together with all relevant documents and evidence, to the Appeals Committee within ten days from the date of receipt of the appeal.

The Appeals Committee shall decide the appeal within sixty days from the date of receipt and shall notify the appellant and the local competent official in writing of its decision and the reasons therefor.

If the appellant disagrees with the decision on appeal, the appellant may institute proceedings before the court within thirty days from the date of receipt of the decision.

Where the Appeals Committee or the court has rendered a decision or judgment, the local competent official shall comply with that decision or judgment.

Pending determination of the appeal, neither the appellant nor the local competent official shall take any action concerning the building which is the subject of the appeal, unless the building presents a danger to persons or property or the circumstances are such that delay is not reasonably possible.

Section 47 shall apply mutatis mutandis to the service of a decision on appeal.

Section 55. In performing duties under Section 53 or Section 54, an Engineer or Inspection Officer shall act between sunrise and sunset or during the business hours of the relevant place and shall, upon request by a person concerned, present an identification card.

The form of the identification card shall be prescribed by Ministerial Regulation.

Section 57. Within forty-five days from the date of the fire, no person shall construct, alter, demolish or remove a building within the conflagration area. Any person who, before the date of the fire, held a licence to construct, alter, demolish or remove a building within that area, or who had given notice under Section 39 bis, shall suspend the authorised or notified works during that period.

Sections 40, 42 and 43 shall apply mutatis mutandis to any contravention of paragraph one.

Paragraph one shall not apply to:

1. the construction of temporary buildings for emergency relief arranged or supervised by the Government; or
2. alterations or repairs only to the extent necessary for temporary occupation or use.

Section 58. The local competent official shall consider whether the conflagration area should be improved, taking into account fire prevention, public health, environmental protection, town planning, architecture and traffic management, and shall submit an opinion together with a sketch map showing the boundary of the conflagration area to the Building Control Committee. Where the conflagration area falls within the jurisdiction of more than one local competent official, those officials shall jointly consider the matter and submit a joint opinion. The submission shall be made within fifteen days from the date of the fire.

Upon considering the opinion of the local competent official, the Building Control Committee shall submit its opinion and observations to the Minister for an order directing the local competent official to announce whether the conflagration area will be improved. The announcement shall be posted at the office of the local administration and at the site of the fire within forty-five days from the date of the fire.

Section 59. Where an announcement is made that the conflagration area will not be improved, the prohibition under Section 57, paragraph one, shall cease to have effect.

Where an announcement is made that the conflagration area will be improved, the prohibition under Section 57, paragraph one, shall remain in force for a further sixty days from the date of the announcement. Within that period, the Office of the Building Control Committee shall prepare an improvement plan for the conflagration area and submit it to the Minister for publication in the Royal Gazette.

Section 60. Upon publication and entry into force of the improvement plan for the conflagration area, no person shall construct, alter, demolish or remove a building within the area designated in the plan in a manner contrary to the plan. Any licence to construct, alter, demolish or remove a building, or any receipt of notification under Section 39 bis, issued before the plan came into force and inconsistent with the plan shall be deemed revoked.

Sections 40, 42 and 43 shall apply mutatis mutandis to any contravention of paragraph one.

Section 60 bis. The local competent official shall commence implementation of the improvement plan for the conflagration area under Section 60 within two years from the date on which the plan came into force.

Where it is necessary to expropriate land or immovable property for the purposes specified in the improvement plan, compensation shall be paid to the person entitled thereto before implementation commences. Compensation shall be calculated on the basis of the appraised value under the Land Code in force on the date of the announcement that the conflagration area would be improved. If compensation cannot be paid within two years from the date on which the plan came into force, compensation shall instead be calculated on the basis of the appraised value in force on 1 January of the year in which payment is made.

If the local competent official fails to commence implementation within the period specified in paragraph one, the improvement plan shall be deemed revoked.

Section 65. Any person who contravenes or fails to comply with Section 21, Section 22, Section 31, Section 32, Section 33, Section 34, Section 52, paragraph six, Section 57 or Section 60 shall be liable to imprisonment for a term not exceeding three months, or to a fine not exceeding sixty thousand baht, or to both.

In addition to the penalty under paragraph one, any person who contravenes or fails to comply with Section 21, Section 31, Section 32, Section 34 or Section 57 shall be liable to a further fine not exceeding ten thousand baht for each day during which the contravention continues or until compliance is achieved.

Section 65 bis. Any person who fails to comply with Section 32 bis shall be liable to imprisonment for a term not exceeding three months, or to a fine not exceeding sixty thousand baht, or to both.

In addition to the penalty under paragraph one, the offender shall be liable to a further fine not exceeding ten thousand baht for each day until compliance is achieved.

Section 65 ter. Any person who contravenes Section 39 quinque, paragraph one, shall be liable to imprisonment for a term not exceeding three months, or to a fine not exceeding sixty thousand baht, or to both.

In addition to the penalty under paragraph one, the offender shall be liable to a further fine not exceeding ten thousand baht for each day until compliance is achieved.

Section 65 quater. Any person who contravenes or fails to comply with an order of the local competent official under Section 46 bis shall be liable to a fine not exceeding thirty thousand baht.

In addition to the penalty under paragraph one, the offender shall be liable to a further fine not exceeding five thousand baht for each day during which the contravention continues or until the order is complied with.

Section 66 bis. Any person who fails to demolish a building in accordance with an order of the local competent official under Section 42 and who is not in the process of appealing against that order shall be liable to imprisonment for a term not exceeding six months, or to a fine not exceeding one hundred thousand baht, or to both.

In addition to the penalty under paragraph one, the offender shall be liable to a further fine not exceeding thirty thousand baht for each day until the order of the local competent official is complied with.

Section 67. Any person who contravenes Section 30, paragraph two, or an order of the local competent official under Section 40, Section 44 or Section 45 shall be liable to imprisonment for a term not exceeding six months, or to a fine not exceeding one hundred thousand baht, or to both.

In addition to the penalty under paragraph one, the offender shall be liable to a further fine not exceeding thirty thousand baht for each day during which the contravention continues or until compliance is achieved.

Section 68. Any person who:

1. without reasonable cause, fails to appear to give a statement or to submit documents pursuant to a written notice of the Appeals Committee under Section 51 (2); or
2. obstructs the performance of duties by the Appeals Committee, a person authorised by the Appeals Committee, a local competent official, an Engineer or an Inspection Officer under Section 48, Section 51, Section 53 or Section 54, or fails to comply with Section 51, Section 53, Section 54 or Section 63, as the case may be,

shall be liable to imprisonment for a term not exceeding one month, or to a fine not exceeding one thousand baht, or to both.

Section 74. There shall be Compounding Committees composed as follows:

1. for Bangkok, a committee consisting of the Governor of Bangkok, one representative of the Office of the Attorney-General and one representative of the Royal Thai Police; and
2. for other provinces, a committee consisting of the Provincial Governor, the Provincial Public Prosecutor who is Head of the Provincial Public Prosecutor's Office, and the Provincial Police Commander.

Offences under Section 65, paragraph one, Section 65 bis, paragraph one, Section 65 ter, paragraph one, Section 65 quater, paragraph one, Section 66, Section 66 bis, paragraph one, Section 67, paragraph one, Section 68, Section 69 or Section 70 may be compounded by the Compounding Committee.

Where an inquiry official finds that a person has committed an offence under paragraph two and the offender and the injured person, if any, consent to compounding, the inquiry official shall forward the matter to the Compounding Committee under paragraph one within seven days from the date on which the offender consented to compounding.

If the Compounding Committee considers that the alleged offender need not be prosecuted or punished by imprisonment, it shall determine the amount of the fine to be paid. If the alleged offender and the injured person, if any, agree to the compounding and the alleged offender pays the compounded fine within thirty days from the date of compounding, the case shall be deemed settled under the Criminal Procedure Code.

If the alleged offender does not agree to the compounding, or agrees but fails to pay the fine within the period specified in paragraph four, criminal proceedings shall continue.

Fines paid pursuant to a compounding under this Act shall accrue to the local administration and need not be remitted as State revenue.

Section 75. All applications for permission submitted before this Act came into force and still under consideration by the local competent official or the Director-General of the Department of Public Works and Town & Country Planning, all permissions granted under the law on control of building construction or the law on control of building construction in conflagration areas, and all acts carried out by applicants pursuant to such permissions, as the case may be, shall be deemed applications, permissions and acts under this Act, mutatis mutandis.

Where any such application or consideration differs from the procedures prescribed by this Act, the application or consideration shall proceed in accordance with this Act, and the local competent official shall issue an order under Section 27 requiring the applicant to comply correctly within thirty days. If the applicant fails to comply within that period, the application shall lapse.

Section 77. Where, before this Act came into force, a large number of buildings were erected in any locality on land forming part of the public domain of the State, and the situation is or may become unsuitable or unsafe with respect to habitation, fire prevention, public health, environmental quality protection, town planning, architecture or the facilitation of traffic, the local competent official shall, upon the issuance of a Royal Decree designating that locality as a Building Improvement Zone, have the power to issue one or more of the following orders:

1. order the owner or occupier of a building to demolish it within a period not exceeding six months from the date of receipt of the order, provided that such order is made for the maintenance of public order, local development or the public use of State land;
2. within thirty days after the Royal Decree designating the Building Improvement Zone comes into force, order the owner or occupier to bring the building into compliance with this Act within a period not exceeding six months from the date of receipt of the order;
3. order the owner or occupier to take measures to eliminate or prevent any condition which causes or may cause an unsuitable or unsafe situation with respect to habitation, fire prevention, public health, environmental quality protection, town planning, architecture or the facilitation of traffic, within a period not exceeding six months from the date of receipt of the order; or
4. order the owner to enter into a land lease with the local competent official in accordance with the criteria, procedures, conditions and rental rates prescribed by the Ministry of Interior.

A person who complies with an order of the local competent official under paragraph one shall be exempt from punishment. A person who fails to comply shall be liable to a fine not exceeding fifty thousand baht, and the local competent official shall order that person to demolish the building within a specified period. If the building is not demolished within that period, the person shall be liable to a further fine of one thousand baht for each day during which the contravention continues or until the person consents to the local competent official carrying out the demolition. In the latter case, Section 42, paragraphs four and five, shall apply mutatis mutandis.

A Royal Decree under paragraph one shall have annexed to it a map showing the boundary of the designated area, and the local competent official shall have the power to lease land within that area as a source of local revenue. The land shall remain part of the public domain of the State.

A land lease made under paragraph one (4) shall be for an agreed term not exceeding ten years and may not be renewed. Upon expiry of the lease, the owner or occupier who fails to remove and take away the building or structure from the area designated in the Royal Decree shall be liable to imprisonment for a term not exceeding three years, or to a fine not exceeding thirty thousand baht, or to both, and shall also be liable to a further fine of one thousand baht for each day during which the contravention continues or until the person consents to the local competent official carrying out the demolition. In the latter case, Section 42, paragraphs four and five, shall apply mutatis mutandis.