Constructing, modifying, demolishing, or relocating a building without complying with the Building Control Act, B.E. 2522, and related laws is not merely a procedural error; it is a violation of the law with severe penalties, both civil and criminal. This can lead to massive fines, orders to suspend or demolish the building, and even imprisonment. Understanding these penalties is therefore crucial for project owners and contractors to avoid problems and operate in a legally correct manner.

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9.1 Powers of Local Officials

Local officials (Mayors, SAO Presidents, District Directors in Bangkok) have the authority under the Building Control Act to take action against violators as follows: In orderr to suspend the action: If it is found that a building is being constructed, modified, demolished, or relocated without a permit or not under the permitted plans, the official has the power to order an immediate halt to the operations.

• In order to rectify or demolish: If the violation cannot be corrected to comply with the law, the official may order the building to be rectified or order the demolition of the building or the violating parts.
• In order to demolish a hazardous building, if a building is in an unsafe condition or poses a danger to life and property, the official has the power to order its immediate demolition.
• Settle the case by fine: In cases of minor offenses or where corrections can be made, the official has the authority to settle the case with a fine as prescribed by law.
• File a criminal complaint: If the violator fails to comply with the official's order or commits a serious offense, the official will file a criminal complaint with the police for legal proceedings.

9.2 Key Criminal Penalties and Fines

The Building Control Act, B.E. 2522, specifies several criminal penalties for violators, including both imprisonment and fines. The following are examples of common offenses:

• Offense: Constructing, modifying, demolishing, or relocating a building without a permit (Violation of Sec. 21, 22, 32, 33).
  
  • Penalty (under Sec. 65): Imprisonment for not more than 3 months or a fine of not more than 60,000 Baht, or both, and a further daily fine of not more than 10,000 Baht for as long as the violation continues.
• Offense: Defying an official's order to suspend construction or demolish (Violation of Sec. 40, 41, 42, 43).
  
  • Penalty (under Sec. 66 bis): Imprisonment for not more than 6 months or a fine of not more than 100,000 Baht, or both, and a further daily fine of not more than 30,000 Baht for as long as the violation continues.
• Offense: Using a controlled-use building without a certificate (Form Or.6) (Violation of Sec. 39 bis).
  
  • Penalty (under Sec. 65 bis): Imprisonment for not more than 3 months or a fine of not more than 60,000 Baht, or both, and a further daily fine of not more than 10,000 Baht for as long as the violation continues.
• Offense: Failing to notify or submit documents as required by law (e.g., failing to notify of commencement under Sec. 39 ter).
  
  • Penalty (under Sec. 71): A fine of not more than 10,000 Baht.
• Offense: The designer or supervisor fails to comply with technical principles and the law (Violation of Sec. 29, 30).
  
  • Penalty (under Sec. 68): Imprisonment for not more than 3 months or a fine of not more than 60,000 Baht, or both.

Note: The daily fine in some cases is very high (up to 30,000 Baht/day), which is a key tool the law uses to compel violators to correct their illegal actions as quickly as possible.

9.3 Guidelines to Avoid Legal Problems

Strict compliance with the law is the best way to avoid penalties:

• Consult Experts: Hire licensed and experienced architects and engineers to design and supervise the work correctly according to the law.
• Obtain Proper Permits Before Starting Work: Whether it is new construction, modification, demolition, or relocation, always obtain a permit from the local official first.
• Adhere to the Permitted Plans and Conditions: If there are design revisions, follow the correct procedure to apply for a new modification permit.
• Notify of Commencement and Display Signage: Comply with the requirements for notifying of the start of work and displaying signs at the construction site.
• Regular Supervision: The project owner should regularly check the progress and any issues at the site or assign a supervisor (architect/engineer) to do so closely.
• Comply with Official Orders: If a local official issues any order, it must be complied with immediately and completely.

9.4 Scenario Example: "Hia Seng" and the Warehouse That Became a Nightmare

• Hia Seng: An impatient SME owner who wants to build a storage warehouse quickly and thinks, "I'll sort out the paperwork later."

The Beginning: Construction Without a Permit (Violation of Sec. 21)

Hia Seng buys a plot of land and, wanting to quickly build a warehouse for new inventory, orders a contractor to start construction immediately without applying for a permit. He thinks, "It's my land, there shouldn't be a problem." Soon after, a neighbor complained about the noise and dust to the municipality. An official comes to inspect and finds that Hia Seng's warehouse is being built without a permit. The official immediately issues a stop-work order.

The Turning Point: Defying the Order (Violation of Sec. 40)

After the official leaves, Hia Seng, feeling frustrated about the money and time lost, secretly orders his workers to continue working at night and on weekends, thinking, "It's almost finished, no one will know." However, when the official returns for a follow-up inspection, it is discovered that construction has continued. Hia Seng is now guilty of an additional offense: defying an official's order.

The End: Financial and Legal Disaster

The entire affair leads to legal proceedings, and this is what Hia Seng faces:

1. Massive Fines: He is prosecuted and must pay several fines.
   
   • A fine for constructing without a permit (up to 60,000 Baht) plus a daily fine of 10,000 Baht, calculated from the first day of construction until the day it stopped.
   • A fine for defying an official's order (up to 100,000 Baht) plus the heaviest daily fine of 30,000 Baht, calculated from the day he received the order but continued to work.
2. Demolition Order: Because the warehouse was built without an approved plan and permit, it is considered an unsafe and illegal building. The municipality, therefore, issues a demolition order for the entire building, with Hia Seng being responsible for all costs.

Conclusion from the Scenario: Hia Seng's impatience and his "I'll do it later" attitude turned his dream warehouse into a financial nightmare. He not only lost all the money spent on construction but also faced massive fines and demolition costs. This story shows that complying with the law and getting the proper permits from the start is truly the "cheapest and fastest" way to build.

9.5 Conclusion

The penalties specified in the Building Control Act are decisive and comprehensive, including fines, imprisonment, and the authority to order demolition. Especially the "daily fine," which can accumulate into a massive financial burden, is the tool the law uses to compel violators to stop and correct their illegal actions as quickly as possible. Therefore, strictly complying with the law with an expert as your consultant from the beginning is not merely about avoiding penalties, but is the most critical form of risk management to protect the value of your project and the future of your investment.

References

• Building Control Act, B.E. 2522 (พระราชบัญญัติควบคุมอาคาร พ.ศ. 2522) and its subsequent amendments.