Building Control in Burned Areas

Section 56

When a fire occurs, the local competent officer is responsible for announcing the burnt area. This includes:

Posting a map that delineates the boundaries of the burnt area.

Specifying prohibitions under the Act relevant to the burnt area.

Section 57

For forty-five days post-fire:

Prohibition on construction: No one may construct, modify, demolish, or relocate buildings in the burnt area.

Individuals with prior permissions to perform such activities must cease work.

Exceptions to this prohibition:

Construction of temporary buildings for public relief managed by authorities.

Necessary modifications or restorations for temporary residence or use.

Violations of this section are subject to the enforcement measures outlined in Sections 40, 42, and 43.

Section 58

The local competent officer must evaluate if the burnt area should be improved, considering factors such as:

Fire prevention, public health, environmental preservation, urban planning, architecture, and traffic.

Recommendations and a brief map of the burnt area must be submitted to the Building Control Committee (BCC).

If multiple local officers are involved, they must submit a joint recommendation within fifteen days of the fire.

BCC will then relay its opinion to the Minister for a public announcement regarding the potential improvement of the burnt area within forty-five days of the fire.

Section 59

If it is announced that no improvement will occur, the prohibitions in Section 57 are lifted.

If improvement is to be made:

The prohibitions will remain in force for an additional sixty days following the announcement.

The BCC must prepare an improvement diagram to be submitted to the Minister for official publication in the Government Gazette.

Note the article we wrote on the Thailand construction permit fees as well. 

Section 60

If an Improvement Notice is issued:

It prohibits any construction, modification, demolition, or relocation contrary to the improvement diagram.

All prior permits and notices that conflict with the improvement diagram are cancelled.

Violations are also subject to the enforcement measures outlined in Sections 40, 42, and 43.

Section 60bis

Enforcement must occur within two years with the improvements by the local competent officer.

If land expropriation is needed. Likewise, compensation must be paid. This before improvement begins, following appraisal standards set by the Land Code. This under the Notice of Enforcement of Improvement of Burnt Area.

Lastly if improvements are not started within two years, the Notice will be cancelled.

Section 61

Land or immovable property needed for the improvement must be expropriated in accordance with expropriation laws.

Section 62

In areas without a Royal Decree post-fire, the Act applies as if such a decree exists from the fire’s occurrence.

Should be later determined that no improvement will be made, the Royal Decree is deemed cancelled from the announcement date.

Likewise these provisions aim to regulate and manage areas affected by fire. Thus also, ensuring safety, recovery, and compliance with established laws while balancing public interests and environmental considerations.