Changes For Phuket Environmental Regulations Announced

A change to current regulations is expected to have substantial impact on development on the island which will see a new environmental regulation come into place for Phuket by the third quarter of this year – 2010. The existing guideline titled "The Announcement of the Ministry of Natural Resources and Environment – Specifications of Environment Protection Areas and Measures for Phuket B.E. 2546 is set to expire on September 30th.

"The Thai Government has released a new draft which has been reviewed by leading Bangkok legal firm Baker & McKenzie who have reviewed and released comments as follows:
The current version of the draft could substantially effect developments and land values in Phuket.
As an example land which is located in Zone 6 (40-60 meters above sea level) currently says that for slopes next exceeding 35% than buildings must be 8 meters or less.
Under the revision for slopes under 20% which allows 8 meters or less in heights for buildings, but for inclines of 20-50% only detached houses or single buildings of less than 6 meters in height are allowed.
For requirements in 'open' spaces, in the existing guidelines if an incline is less than 35%, then an 'open' area of not less than 40% of the total land area needs to be allowed.
On the new draft where slopes of 20-35% are existing, open areas of 70% are required while for slopes of 35-50%, then 75% must remain open."
The legal firm expects final guidelines to come out over the next few months or prior to the end of September. For those wanting more information they can contact Baker McKenzie in Bangkok for details of the full draft.
If you are developing or renovating property that has significant slopes, a complete review of the issue and perhaps expediting of build permits prior to the new regulation coming into effect might be advisable.