Before starting any construction project, whether it's building a new house, modifying a building, or even changing land use, understanding the "Comprehensive Urban Planning Law" is one of the most critical first steps. The comprehensive urban planning law is a tool that sets the direction for development and controls land use in each area to create order, ensure environmental suitability, and align with the city's potential. If these regulations are ignored, your project may not be granted a permit or could face legal problems later on.

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4.1 Understanding the Comprehensive Plan: The Map That Defines the Future of Land Use

The Comprehensive Plan is a master plan that sets policies and measures to control and promote land use within municipalities or related areas, aiming for the orderly and appropriate growth of cities and rural areas. It is displayed as a color-coded map, where each color indicates a different type of land use with its own set of regulations.

4.1.1 Main Objectives of the Comprehensive Plan

• To define land use types: To allocate areas appropriately for different uses, such as residential, commercial, industrial, agricultural, and green spaces.
• To control density and building size: To prevent the city from becoming overly crowded and to ensure infrastructure can support it.
• To preserve environmental quality: To designate green areas, buffer zones, or areas where pollution must be controlled.
• To promote sustainable urban development: To plan for long-term land use.

4.2 Classification of Land Use by Color Zone

The Comprehensive Plan uses various colors to classify land use types. Each color has distinct regulations and permitted activities.

• Yellow (Low-Density Residential Land)
  
  • Characteristics: Often suburban areas, focusing on single-family homes.
  • Permitted Activities: Residential housing, some types of agriculture, and small offices.
  • Restrictions: Limits on building height and density.
• Orange (Medium-Density Residential Land)
  
  • Characteristics: Residential areas that support expansion, near community centers.
  • Permitted Activities: Various forms of housing (semi-detached, townhouses, apartment buildings up to 8 stories), small shops.
  • Restrictions: Limits on height and building size according to density levels.
• Red (Commercial Land)
  
  • Characteristics: Central business districts, commercial areas, near public transportation systems.
  • Permitted Activities: Commercial buildings, offices, hotels, shopping centers, high-rise buildings.
  • Restrictions: Usually high density, strict parking requirements.
• Purple (Industrial Land)
  
  • Characteristics: Areas for industrial factories and warehouses.
  • Permitted Activities: Factories, warehouses, industry-related businesses.
  • Restrictions: Specifies permitted types of industry, pollution management, and open space around buildings.
• Green (Rural and Agricultural Land)
  
  • Characteristics: Agricultural areas, nature conservation areas, and rural lands.
  • Permitted Activities: Agriculture, small residential houses, agriculture-related businesses, and eco-resorts.
  • Restrictions: Prohibits large buildings or those that impact nature, and strict height limits.
• White with Green Border and Diagonal Lines (Rural and Agricultural Conservation Land)
  
  • Characteristics: Agricultural areas with scenic and environmental value or areas for ecotourism.
  • Permitted Activities/Restrictions: Similar to the Green zone but stricter to preserve nature and the environment sustainably.
• White with Purple Border and Diagonal Lines (Industrial and Warehouse Land)
  
  • Characteristics: Areas used for specific enterprises, such as industrial estates.
• Blue (Government Institutions, Public Utilities, and Public Services Land)
  
  • Characteristics: Areas for government agencies, schools, hospitals, and public utility systems.
  • Permitted Activities: Government buildings, schools, hospitals, and power stations.
• Brown (High-Density Residential Land)
  
  • Characteristics: Areas in the inner city, central business districts.
  • Permitted Activities: Large apartment buildings, high-rise buildings, and hotels.
  • Restrictions: High density, but still with requirements for open space and utilities.

4.3 Key Restrictions to Check Before Building a Layout

In addition to land use type, the Comprehensive Plan also sets other important restrictions for the layout of your building and project. These details are necessary for planning your construction work in compliance with the law.

• Floor Area Ratio (FAR)
  
  • Definition: Sets the maximum ratio of the total floor area of a building (all floors combined) to the size of the land.
  • Importance: It controls the size and volume of a building that can be constructed on that land. If you build beyond the specified FAR, you will not receive a construction permit.
• Open Space Ratio (OSR)
  
  • Definition: Sets the minimum ratio of open space free of construction (e.g., lawns, walkways, outdoor parking) to the total building area.
  • Importance: To ensure there is enough open space for ventilation, lighting, water absorption, and outdoor activities.

[Click here to learn more about calculating FAR and OSR]

• Building Height
  
  • Definition: Sets the maximum height of a building that can be constructed in each color-zoned area.
  • Importance: To control the landscape, the blocking of sunlight and wind, and to ensure suitability with the surrounding environment.
• Setback from Roads and Property Lines
  
  • Definition: Although the Building Control Act specifies standard setbacks, the Comprehensive Plan may have stricter setback requirements or special conditions for certain areas.
  • Importance: For orderliness, safety, and access for fire trucks.

[Click here to learn more about setbacks according to the Building Control Act and Urban Planning Law]

4.4 Checking the Comprehensive Plan and Practical Guidelines

Checking the Comprehensive Plan is the very first and most important step in starting a project.

• Check the area's Comprehensive Plan announcement: This can be checked on the website of the Department of Public Works and Town & Country Planning (DPT), the Provincial Office of Public Works and Town & Country Planning, or the local District/Municipal/SAO office where the land is located. You should check the latest "Ministerial Regulation Enforcing the Comprehensive Plan..."
• Identify the land's color zone: Look at the comprehensive plan map to see which color zone your land is in.
• Study the regulations in the ordinance/ministerial regulation: Each color zone will have specific regulations regarding permitted building types, FAR, OSR, building height, and setbacks.
• Seek consultation: If you are unsure, you should consult the public works officials of the local authority or an architect/engineer specializing in building law.

4.5 Changing or Requesting an Exemption from the Urban Plan (Special Cases)

In some cases, where your land has restrictions from the Comprehensive Plan, but there is a need to develop a project that does not conform to the normal regulations, there may be special avenues to consider:

• Requesting a permit for certain land uses in prohibited areas (waiver cases): This involves submitting a request for case-by-case consideration, where you must show the necessity and clear measures to prevent impacts.
• Appealing the urban plan: If the enacted comprehensive plan unfairly affects your land rights, there may be an appeal process.
• Amending the comprehensive plan (policy level): This is a complex and time-consuming process that usually occurs when there is a necessity for overall urban development and must go through consideration by many government sectors.

4.6 Scenario Example: "Dreams" on Two Different Color-Zoned Lands

• Khun Nat: A private company employee who dreams of building a large, 2-story house with a spacious garden for his parents to relax in.
• Khun May: Khun Nat's friend, a young entrepreneur who dreams of opening a cute coffee shop with 2-3 small rental rooms upstairs.

Both decide to buy land around the same time, but in different locations, and begin consulting architects to realize their dreams.

The Architect's Action (The First and Most Important Step): The architects for both individuals inform them that the first thing to do before even starting a draft is to "check the urban plan" for each plot of land.

Khun Nat's Case: Land in the "Yellow Zone"

• The Result of the Check: The architect brings good news that Khun Nat's land is in a Yellow Zone (Low-Density Residential Land).
• The Architect's Explanation: "This plot of land is ideal for building a residence. The law permits the construction of single-family homes, but we must design it under the regulations for FAR (Floor Area Ratio) and OSR (Open Space Ratio), which will tell us the maximum size of the house we can build and how much garden space must be left."
• The Outcome: Khun Nat can proceed with planning his "dream house" with confidence, knowing the clear limits on how big his house can be and how large his garden must be.

Khun May's Case: Land in the "Green Zone"

• The Result of the Check: The architect brings worrying news that the land Khun May bought is in a Green Zone (Rural and Agricultural Land).
• The Architect's Explanation: "I must be frank, land in a green zone has very strict limitations. The law primarily intends for it to be used for agriculture. It does not permit the construction of commercial buildings like a coffee shop, or collective residences like rooms for rent. Building a private residence is still possible, but it is very limited in size."
• The Outcome: Khun May's dream of building a coffee shop with rental rooms comes to an abrupt halt. Even though the land is beautiful and in a good location, the restrictions of the "color zone" make it impossible for her to proceed with her intended project. She must now choose between building a small private residence or selling this land to find a new plot in an area that permits commercial activities, such as an Orange or Red zone.

Conclusion from the Scenarios: The stories of these two friends reflect that the Comprehensive Urban Planning Law truly determines the "future" of a piece of land. Checking the "color zone" and related regulations from the very beginning is the most critical step that will decide whether your dream project can become a reality.

4.7 Conclusion

The Comprehensive Urban Planning Law is like a blueprint that sets the framework for urban and rural development. Understanding the "color zones" and key regulations such as FAR, OSR, height, and setbacks is a crucial first step in planning your construction project to be compliant with the law and to allow the permit process to proceed smoothly, avoiding unforeseen problems and obstacles in the future.

Construction law is like a large map full of details and regulations. Having an expert guide who understands the entire route from the beginning is the best guarantee to make the journey to your dream home smooth and to ensure you arrive at your destination safely.

References

• The Urban Planning Act, B.E. 2562 (พระราชบัญญัติการผังเมือง พ.ศ. 2562)
• Ministerial Regulations on the Comprehensive City Plan (e.g., for Bangkok) (กฎกระทรวงให้ใช้บังคับผังเมืองรวม)
• The Building Control Act, B.E. 2522 (พระราชบัญญัติควบคุมอาคาร พ.ศ. 2522)