Applying for a new building permit is the first and most crucial legal step in any construction project in Thailand. This comprehensive guide walks you through the entire process, from initial land checks and hiring professionals to preparing the four key categories of documents and understanding the official timeline and fees, ensuring your project starts correctly and avoids common pitfalls.

1. Definition and Scope of New Building Construction

New building construction is the process of creating a structure on land where no previous building exists, or on an area where a former building has been completely demolished. This process must be carried out in strict accordance with the procedures of the Building Control Act to ensure your project is legal, safe, and complies with urban planning regulations.

1.1 New Construction

This refers to the complete construction of a new building on a vacant plot of land, or on a site where a previous building existed but has been entirely removed.

1.2 Difference from Other Activities

• Unlike Modification/Addition: New construction involves creating an entire building, not just renovating the main structure, adding space, or altering parts of an existing building.
• Unlike Demolition, although some cases involve demolishing an old building first, the primary purpose is to build a new one in its place.

2. Directly Related Laws and Regulations

In addition to the Building Control Act, B.E. 2522, which is the primary law, new building construction must also closely consider other specific related laws and regulations.

2.1 Ministerial Regulations under the Building Control Act

These cover technical details and standards, such as:

• Requirements for building structures and stability.
• Fire protection systems and fire escapes.
• Ventilation and lighting.
• Dimensions and characteristics of stairs and ramps.
• Sanitation and facilities.

2.2 Comprehensive Urban Planning Law (by location)

This is crucial to check from the very beginning, as it directly affects the design and size of the building.

• Land Use (Color Zone): Determines what type of building can be constructed in that area.
• Building Height: Limits the maximum permitted height.
• Floor Area Ratio (FAR): Determines the total amount of usable floor area that can be built relative to the land size.
• Open Space Ratio (OSR): Specifies the proportion of open space that must be maintained on the plot.
• Setback: The distance from property lines, public roads, or adjacent buildings.

2.3 Local Ordinances / Municipal Ordinances / Bangkok Metropolitan Administration Regulations

There may be additional regulations that vary in each area, which must be checked directly with the local authorities.

3. The Process of Applying for a New Building Construction Permit

The general process for applying for a new building construction permit involves the following sequence of steps:

3.1 Preliminary Information and Land Restriction Checks

• Check the Comprehensive Urban Plan: Study the land use plan for the area where the land is located to confirm the permitted land use type and various restrictions (e.g., FAR, OSR, setbacks).
• Check Land Title Documents (Title Deed): Verify the land boundaries, size, and any restrictions or servitudes that may be recorded on the deed.

3.2 Hiring Architects and Engineers

• Hire a licensed architect to design the building following the owner's needs, architectural principles, and relevant laws.
• Hire a licensed civil engineer to design the building's structure and calculate its structural stability.

3.3 Preparation of Application Documents

• Gather personal documents, land title documents, and the plans certified by the architect and engineer.

3.4 Submitting the Application

• Take all documents and submit them to the local official at the District Office (in Bangkok) or the Municipal Office / Sub-district Administrative Organization (SAO) (in other provinces) where the building is located.

3.5 Review of Plans and Documents

• The official will check whether the plans and documents comply with the Building Control Act, urban planning laws, and other regulations.
• If there are defects or required corrections, the official will notify the applicant to amend the plans or provide additional documents.

3.6 Payment of Fees

• Once the plans and documents are correct and complete, the official will inform the applicant of the fee amount for issuing the permit.

3.7 Receiving the Permit

• After the fee is paid, the official will issue the Construction Permit (Form Or.1) to the applicant.

3.8 Notification of Construction Commencement

• Before starting construction work, the owner or construction supervisor must notify the local official to report the commencement of construction as specified in the permit.

4. Documents Required for a Building Permit Application

Preparing complete and correct documents is key to ensuring a swift permit review process. The required documents can be divided into four main categories:

4.1 Personal Documents

These documents serve to identify and verify the rights of the individuals involved in the permit application.

• 4.1.1 Permit Application Form (Form Khor 1): The official application form for a new building construction permit from the local government agency.
• 4.1.2 Copy of ID Card and House Registration: Of the applicant and the landowner (if they are not the same person), with a certified true copy signature.
• 4.1.3 Letter of Consent from the Landowner: (In case the applicant is not the landowner).
• 4.1.4 Power of Attorney: (In case the building owner does not apply themselves), with a copy of the grantee's ID card attached.

4.2 Land-Related Documents

These documents serve to show ownership and the boundaries of the land for construction.

• 4.2.1 Copy of Land Title Deed or Other Title Documents: All pages must be copied and certified as true by the landowner.
• 4.2.2 Photographs of the Current State of the Land: Showing the area where construction will take place (some localities may request this for consideration).

4.3 Design Documents (Construction Plans)

These are technical documents showing all the details of the building to be constructed.

• 4.3.1 Architectural Plans: Plans showing the layout of functional spaces, elevations, sections, and the overall form of the building.
• 4.3.2 Structural Engineering Plans: Plans showing details of foundations, columns, beams, along with structural calculations, which must be certified by a civil engineer.
• 4.3.3 System Engineering Plans: Plans showing details of the electrical system, sanitary system (plumbing and drainage), and other systems necessary for the building's size and type.

4.4 Certification from Professionals

These documents serve to confirm the correctness and safety of the design by experts.

• 4.4.1 Certification Letters from the Architect and Engineer: Letters certifying that they are the designer and supervisor for the work in their respective fields of responsibility.
• 4.4.2 Copy of Professional Licenses: Copies of the architecture license (Kor.Sor.) and engineering license (Kor.Wor.) that have not expired, signed to certify the copy.

Remember: Preparing all documents completely and correctly from the start will significantly reduce the risk of the application being returned or delays in approval.

5. Approximate Processing Time and Fees

By law (Building Control Act, Section 27), the local official will review and notify the applicant of the result within 45 days from the date of receiving complete and correct documents.

However, the official can request an extension twice, for no more than 45 days each time. In practice, the period may be longer than 45 days, depending on the complexity of the project and the workload of the officials in each locality.

5.1 Legal Fees

The main fees are divided into two primary parts as stipulated by law:

5.1.1 Permit Issuance Fee (Form Or.1)

• Construction Permit: 200 Baht per permit.

5.1.2 Plan Checking Fee (Calculated per square meter of usable area)

• General Buildings (not exceeding 2 stories or 12 meters in height):
  
  • Rate: 2 Baht per sq.m.
• Buildings exceeding 2 stories but not 3 (or over 12m but not over 15m):
  
  • Rate: 4 Baht per sq.m.

Important Note: The rates for the plan checking fee depend on the building size, usable area, height, and load capacity. Some local administrative organizations may have additional ordinances or bylaws specifying minimum rates, but they must not exceed the maximum ceiling set by the central law.

6. Precautions and Things to Know Before Starting a Project

Completeness of Plans

The submitted plans must be detailed, complete, and compliant with all laws to avoid being returned for correction, which would delay the process.

Changes in Law

Laws and regulations related to construction may change over time. It is advisable to consult experts or check for the latest information from government agencies before proceeding.

Land Issues

Thoroughly check the land boundaries, servitudes, or other restrictions that may affect construction (e.g., landlocked property with no access).

Construction Supervision

There must be a licensed construction supervisor (usually an architect or engineer) to ensure the construction proceeds according to the permitted plans and engineering standards.

Applying for a House Number / House Registration

After construction is complete and the Building Completion Certificate (Form Or.6) has been received, the owner must proceed to apply for a house number and house registration.

7. Scenario Example: The First Homes of "Ms. Prim" and "Mr. Pop"

Ms. Prim and Mr. Pop are friends who bought similar plots of land to build their first homes. Prim is a careful planner, while Pop is impatient and wants to get things done as quickly as possible.

Ms. Prim's Approach (The Planner)

• First Step: Prim begins by hiring a licensed architect and engineer to handle the design and all legal aspects.
• Preparation: Her team prepares a complete set of documents as listed in section 4, including detailed architectural and structural plans with all necessary certifications.
• Application: The architect submits the official Application Form (Form Khor 1) to the municipality. The official informs them of the standard 45-day review period.
• Outcome: Although it requires waiting for the official process, her application, being complete and correct from the start, is approved on the first attempt. She receives her Construction Permit (Form Or.1) and can then notify the authorities of construction commencement (Form Nor 4) as planned.

Mr. Pop's Approach (The Rusher)

• First Step: To save time and money, Pop hires a cheaper, less experienced draftsman and overlooks the importance of complete documentation.
• Preparation: Pop's plans lack key details, the structural calculations are incomplete, and some professional certifications are missing.
• Application: He submits the incomplete application to the municipality himself.
• Outcome: After nearly a month of waiting, he is notified that his application has been "rejected" due to non-compliant plans and missing documents. He has to waste time and spend extra money hiring a licensed engineer to redo the calculations and fix the plans. By the time Pop finally gets his corrected application approved, Prim's house is already well under construction. His attempt to "save time and money" ultimately cost him more of both.

The story of these two friends illustrates that proper preparation and following the correct procedures, like Prim, is truly the "fastest way" to get a construction permit. Trying to take shortcuts or overlooking the importance of documentation, like Pop, often leads to more delays and expenses than doing it right from the beginning.

The permit application for new building construction is a crucial step that requires both the correctness of the construction plans and an understanding of the relevant laws. Planning from the start with an experienced design team will help the process run smoothly and reduce unforeseen risks.

If you are starting to plan a new house or building and need information about the design and permit application process, we are happy to discuss and help chart a suitable path for your project.

References

• Building Control Act, B.E. 2522 (พระราชบัญญัติควบคุมอาคาร พ.ศ. 2522)
• Ministerial Regulation No. 7 (B.E. 2549) issued under the Building Control Act (กฎกระทรวง ฉบับที่ 7 (พ.ศ. 2549))
• Comprehensive Urban Planning Law (กฎหมายผังเมืองรวม)
• Relevant Local Ordinances (ข้อบัญญัติท้องถิ่น)