The development of large-scale construction projects or special projects is not limited to just obtaining a construction permit under the Building Control Act. There is also a crucial environmental requirement: the preparation of an Environmental Impact Assessment (EIA) Report. The EIA is a process of studying and evaluating the potential impacts, both positive and negative, that a project may have on natural resources, the environment, quality of life, and public health. Neglecting to conduct an EIA can result in the project not being permitted or being ordered to halt construction.

1. Understanding EIA: The Heart of Sustainable Development

EIA stands for Environmental Impact Assessment. It is a study, analysis, and evaluation of the direct and indirect environmental impacts that a project or activity may cause. It covers natural resources (soil, water, air, forests, wildlife), environmental quality (pollution, waste), as well as social, economic, and public health aspects. The report also includes measures to prevent and mitigate these environmental impacts.

The main objectives of conducting an EIA are:

• To Prevent and Mitigate Impacts: To identify and assess potential impacts in advance to establish measures to prevent, reduce, or remedy them.
• To Provide Information for Decision-Making: To serve as crucial data for government agencies to use in considering whether to approve a project.
• To Promote Public Participation: To provide an opportunity for the public and communities that may be affected to express their opinions.
• To Foster Sustainable Development: To enable projects to coexist in balance with the environment and the community.

2. Types of Projects Required to Prepare an EIA

The law specifies the types and sizes of projects or activities that must prepare an EIA report. These are mostly large-scale projects or those with a high potential to cause environmental impacts, covering several sectors, including real estate and buildings, as follows:

• Condominiums:
  
  • Condominiums with 80 units or more.
  • Condominiums with a total usable area of 4,000 square meters or more.
• Hotels or Resorts:
  
  • Hotels with 80 rooms or more.
  • Hotels with a total usable area of 4,000 square meters or more.
• Hospitals:
  
  • Hospitals with 30 beds or more.
  • Hospitals with a total usable area of 4,000 square meters or more.
• Residential Buildings (Dormitories/Apartments) with 80 units or more.
• Commercial or Office Buildings:
  
  • Commercial or office buildings with a total usable area of 10,000 square meters or more.
• Land Development Projects for Residential Purposes:
  
  • Land development with 500 plots or more.
  • Land development with an area of 100 rai or more.
• Shopping Centers, Department Stores:
  
  • Shopping centers or department stores with a total usable area of 10,000 square meters or more.
• Industrial Factories: The types and sizes of factories requiring an EIA are specified in detail according to the type of activity and production capacity.
• Infrastructure Projects: Such as roads, expressways, dams, ports, and airports.

Note: The details and sizes of projects requiring an EIA may change according to the latest announcements from the Ministry of Natural Resources and Environment. Therefore, it is always advisable to check for the most updated information.

3. Responsible Agencies and the EIA Process

The preparation of an EIA is a process involving several steps and agencies:

3.1 Relevant Agencies

• Office of Natural Resources and Environmental Policy and Planning (ONEP): The main agency responsible for reviewing the EIA reports for most projects.
• Expert Review Committee for Environmental Impact Assessment Reports (ERC): A committee appointed by ONEP to review reports in specific fields.
• Project Permitting Agencies: Such as the Department of Public Works and Town & Country Planning, Bangkok Metropolitan Administration, Municipalities, or SAOs, which use the EIA approval as a component in their consideration for issuing a construction permit.

3.2 The EIA Preparation and Review Process

1. Hire a licensed EIA consulting firm: The project owner must hire a consulting firm listed in ONEP's official announcements.
2. Study and prepare the EIA report: The consulting firm will conduct studies, analyze impacts, and prepare a draft report.
3. Public Participation: A public hearing forum is held to gather opinions from the public and relevant agencies in the area.
4. Revise the report and submit to ONEP: The feedback from the public hearing is used to revise the report into its final form, which is then submitted to ONEP.
5. Review by the ERC: The ERC will review the report, which takes approximately 45-90 working days. If there are questions, the project owner and consultant will be called in to clarify and make revisions.
6. Approval of the EIA Report: If the report is complete and meets all criteria, the ERC will vote to approve it.
7. Notification of the Result: ONEP will notify the project owner and the permitting agency of the review result.

4. Review Period and Precautions

• Review Period: Generally, the review of an EIA report may take from 45 to 90 working days from the date ONEP receives the complete documents. However, in practice, it can take much longer (several months to a year) if there are revisions, if the project is complex, or if there are disputes from the community.
• Precautions:
  
  • Start the process early: The EIA process should be initiated during the very early stages of the project (Pre-Design Phase) because it is time-consuming.
  • Accurate Data Study: The report must be credible and genuinely cover all impacts.
  • Public Participation: This is a crucial and sensitive step that must be conducted transparently and sincerely to reduce future conflicts.
  • EIA approval is not a construction permit: Receiving EIA approval is only one of the necessary conditions. The approval must then be submitted along with the application for a construction permit to the local authority.
  • Conditions attached to the EIA: Upon approval, the EIA will have attached conditions that the project owner must strictly adhere to throughout the project's lifetime.

5. The Link to the Construction Permit Application

An approved EIA report is considered the most important supporting document for the construction permit application for projects that fall under the EIA requirement. The permitting agency (e.g., District Office, Municipality, SAO) will not consider issuing a construction permit if the project has not yet received EIA approval.

The correct sequence of steps is:

1. Prepare and get the EIA report approved.
2. Once EIA approval is received, submit the approval along with the application for a construction permit (Form Khor 1), plans, and other relevant documents.

6. Conclusion

Preparing an EIA report is a crucial process that reflects a project developer's responsibility towards society and the environment. Understanding the types of projects that require it, the procedures, and its connection to the construction permit will help your real estate development proceed smoothly, legally, and as part of the country's sustainable development.

References

• Enhancement and Conservation of National Environmental Quality Act, B.E. 2535 (พระราชบัญญัติส่งเสริมและรักษาคุณภาพสิ่งแวดล้อมแห่งชาติ พ.ศ. 2535)
• Building Control Act, B.E. 2522 (พระราชบัญญัติควบคุมอาคาร พ.ศ. 2522)
• Announcements of the Ministry of Natural Resources and Environment regarding projects requiring an EIA (ประกาศกระทรวงทรัพยากรธรรมชาติและสิ่งแวดล้อม เรื่อง กำหนดประเภทและขนาดของโครงการหรือกิจการซึ่งต้องจัดทำรายงานการประเมินผลกระทบสิ่งแวดล้อม)