Building Permit for a House in Thailand: Law, Procedure and Risks

Which Law Governs Construction

Construction in Thailand is governed primarily by two statutes. The Building Control Act (B.E. 2522 / 1979) is the principal act on construction oversight: it establishes the mandatory permit requirement, inspections and sanctions for violations. The Town and City Planning Act complements it by addressing zoning, that is, determining what may actually be built on a given plot.

These two statutes are supplemented by Ministerial Regulations, which set the technical standards: building height, density of development, setbacks from boundaries and structural requirements. Layered on top of these are environmental restrictions, covering forestry, coastal and nature-conservation legislation.

A separate layer concerns contractual relationships. The relationship between the client and the contractor is governed by the construction contract and by the Civil and Commercial Code (CCC) provisions on 'hire of work' (the articles in the section on contracts for work). Where the contractor operates as a licensed residential developer, mandatory terms under consumer-protection legislation are added to the contract.

Who Issues the Permit

A building permit is issued by the relevant local authority. In most cases this is the Or Bor Tor (OrBorTor), the sub-district or local administrative organisation, and less frequently a municipality (Tessaban) in urban areas. The same authority:

• verifies that the project complies with zoning rules and technical standards;
• conducts inspections during the course of construction;
• issues the document confirming that the building has been constructed lawfully.

The permit must be obtained before work commences. The permit itself is not a formality: it is the primary document proving that the building has been erected lawfully and that the developer holds the right to construct it.

Land and House Are Separate Legal Objects

A key point for a foreign purchaser: ownership restrictions in Thailand apply only to land, not to structures or to apartments registered under the Condominium Act. As a result, land and the house standing on it may legally be owned by different persons.

In practice, a foreign national most commonly:

• takes the land on a long-term lease - up to 30 years under the CCC, with the possibility of renewal;
• registers an additional real right over the land, typically a right of superficies - the right to maintain a structure on another person's land;
• becomes the owner of the house itself as a separate object.

It is important to understand that the right of ownership over the house is tied to the right of use over the land and cannot outlast it. If the lease is for 30 years, rights over the structure will not survive beyond that term. The terms of the lease or superficies agreement therefore form the very foundation of secure house ownership.

The Name on the Permit: The Most Common Mistake

In lease-based arrangements, the building permit must be issued (or transferred through OrBorTor during construction) in the name of the person who leases the land, that is, in the name of the foreign owner of the future house. If the permit is issued in the name of the landowner or the developer, the right to the structure is legally vested not in you.

The name on the permit must be corrected before construction is completed. The later this is done, the more complicated and expensive it becomes.

Documents When Selling a House Separately from the Land

Where a house is sold as a standalone object (without the land), the documents typically required for re-registration are:

• the building permit issued by the local authority;
• the house registration book (Tabien Baan);
• the land title document (for example, a Chanote);
• identity documents of the parties;
• documents confirming payment of transfer taxes.

Transferring rights to a structure requires no fewer than 30 days from the first visit to the land office to the issuance of the transfer document, after which a mandatory 30-day public announcement period follows. Allow a minimum of two months for the entire registration process.

Key Zoning Considerations

Building height, density and placement depend on the applicable zone. In coastal and environmental protection areas (parts of Koh Samui, Phuket and other resort locations), additional Ministerial Notifications apply: these may prohibit construction above a certain elevation above sea level or within a certain distance from the shoreline, regardless of the type of title held over the land. Holding a clean Chanote does not override these restrictions.

Comparison: House on Owned Land vs. House on Leased Land

Liability for Violations

The Building Control Act provides for serious sanctions: substantial fines and even imprisonment. The authorities may issue an order to suspend work, require the structure to be brought into compliance, or order the demolition of an unlawfully constructed building. Building first and seeking regularisation afterwards is a costly and high-risk strategy.

What to Check and What to Watch Out For

• Before purchasing, confirm that the zoning permits residential construction and that the plot does not fall within a coastal or environmental protection zone subject to height or setback restrictions.
• The name on the building permit must match the person who will own the house (for a foreign national, the lessee of the land).
• Verify that the permit was obtained before work commenced and that it corresponds to the actual project.
• Check the term of the lease / superficies - rights to the house will not outlast rights to the land.
• Request the Tabien Baan (house registration book) and confirm that the structure is recorded in it.
• Allow a minimum of 2 months for registering the transfer of the structure and for the public announcement period.
• Include in the construction contract the timelines, warranties and defect-remedy procedures in accordance with the CCC provisions on contracts for work.