- About Us
- Legal Services
- Family Law
- Property
- Marriage
- Immigration
- Contact
- Payments
We have covered the issue of zoning for residential property which is also on this website. This covers the Factory Zoning and Land Use Regulations in Thailand. This page will cover the issues of zoning for factories in Thailand. Factory zoning is a bit more complex and we hope to explain it here to make it easier to understand with examples. If you need a Thai lawyer for your factory setup in Thailand. Then speak to us.
Factory Zoning and Land Use Regulations ot zoning is critical for urban planning as well as for managing rapid urbanization. We have a dedicated page to cover the issues with examples for the factory license in Thailand. Speak to us as one of a few international law firms in Bangkok. Likewise you will find that we are one of a few English speaking law firms in Bangkok.
1. Traditional Land Use Practices
Thailand was an agrarian society and land use was planned around agriculture as well as resource availability. So there was a lack of planning and regulations around this. The use of land was traditionally based on the immediate needs of the community. This lead to a very mix community when it came to living space, agriculture and other more commercial use of the land. See also the article that we wrote on residential zoning.
2. Emergence of Formal Zoning
Likewise as Thailand became more modern they started to use the land in a more organized manner. This is when the country became industrialized. We can see that the first Urban Planning Act of 1975 which laid the foundation for zoning laws was passed. This allowed the government to bring better planning and order to the use of the land.
3. International Influences
Much like most of Thailand’s laws there is global influence in the laws. The zoning laws are no different. Many of the ideas for this came from the Japanese and the Americans with their system. These influences have shaped the country’s approach to integrating urban development with environmental conservation.
The Urban Planning Act in Thailand is the cornerstone of zoning laws in the country. This law allows the government to proper urban planning. The zones in Thailand tend to fall into the following areas. This can be either zones for residential, commercial, industrial, agricultural, and conservation purposes.
National Responsibility: For this it would be the Department of Public Works and Town & Country Planning (DPT) who oversees the implementation of zoning regulations.
Local Authority: Likewise the municipalities and provincial governments play a key role in enforcing and adapting zoning laws to their own local needs.
The Building Control Act in Thailand regulates all construction activities. This is to ensure compliance with zoning laws. Likewise it It specifies building heights, setbacks, and permissible activities in different zones. We have two pages dedicated to this. There is the Building Control Act as well as Building in Thailand pages when it comes to height of buildings and homes.
Note that there are also a number of environmental laws. The most important is the Environmental Quality Promotion Act B.E. 2535 (1992). The Act compliments the zoning laws. It does this by restricting any air pollution away from residential areas as well as restricting harmful activities in ecologically sensitive areas.
These laws are relatively new in Thailand. The SEZ Act B.E. 2559 (2016). The Special Economic Zones allows for more flexible zoning regulations to attract foreign investment. With urban planning and a SEZ you can also do long term planning to promote industrial growth. Likewise asee the article that we wrote on the industrial parks in Thailand as well.
As we have explained the zoning laws we also need to look at the 6 basic zones in Thailand. Each zone in Thailand has its own rules as well as its own restrictions. These zone types allow for better planning into the future.
Firstly the residential zones in Thailand tend to restrict certain commercial activities or restrict industrial zones close to homes. This zoning is mainly for residential estates which are common in Thailand. The residential zones are only made for housing.
• Subcategories: There are single homes are large apartment blocks. So its wither low-density residential (single-family homes) or the high-density residential (apartments and condominiums).
• Challenges: There may be encroachment by commercial or mixed-use developments in residential areas. This can become a problem as it affect traffic. We wrote an extensive article on viewing your property as the Monday traffic may not look like Saturdays. Traffic as well as noise.
Secondly there are the commercial zones. These zones are intended for businesses, retail shops, as well as for office buildings. These areas often overlap with urban centers to accommodate Thailand’s growing service sector. Much like explained above that there comes an overlap when it is a commercial or mixed use area. Lastly also see the zoning for other businesses. The are under open a restaurant in Thailand as well as the articles that we wrote on starting a cannabis business in Thailand as well.
Thirdly the industrial zones are designated for manufacturing, logistics, and other industrial activities. These tend to be located far away from residential zones. This has the intention to minimize pollution as well as any health risks. Likewise the increase in truck traffic and fine dust becomes an issue.
• Special Industrial Estates: We have a number of articles on this on the website. There are a number of Industrial Estate in Thailand. As an example there is also the Eastern Economic Corridor (EEC). These are also designed to attract high-tech industries and foreign investment. Lastly also see our article on the IEAT in Managing Industrial Parks in the country. Lastly also see the incentives from the Board of Investment of Thailand for more.
4. Agricultural Zones
Lastly there are also the agricultural zones. These zones are used to preserve Thailand’s agricultural sector to ensure food security. These areas areas restrict non-agricultural activities to prevent urban sprawl. Note that owning farmland is not allowed for a foreigner and it also falls under the prohibited employment for foreigners law. Note also the prohibited employment for foreigners in Thailand as well.
There are also the conservation zones. These zones are to protect forests, wetlands, historical sites, and other ecologically or culturally significant areas. These zones are always in the middle of encroachment litigations. Be extra careful when it comes to them.
These tend to present it own problems in Thailand. The mixed-use zones allow a combination of residential, commercial, and light industrial activities. The balance in these zones tend to be a problem. Lastly also the see what we wrote on the tat license as well as the business license application.
The DPT tends to manage the urban planning. The zoning laws on based on their vision to moving Thailand forward by managing the planning to eliminate urban sprawl. These plans outline long-term strategies for land use, transportation, as well as other infrastructure development such as rail and roads.
The local municipalities as well as the provincial governments adapt national plans into local zoning ordinances. These are to accommodate the areas where they govern. These also include things such as parks as well as other amenities that their area will require.
When you building in Thailand and there are construction activities. You will normally require permits to ensure compliance with zoning regulations. You can see these permits under building permits.
Any zoning violations are addressed through fines. Likewise revocation of permits, or where there is not other solution there will be demolition of unauthorized structures. Lastly note that enforcement can be inconsistent, being mainly in the rural areas where there are not that many inspectors and low density. Lastly they do enforce the factory zoning and land use regulations strictly.
Should you have any question about zoning for your factory then you can send us an email with any questions that we have not fully answered. Again take a look at our main page on factory licenses in Thailand as all the content runs from there, including examples of factory build outs.
The information contained in our website is for general information purposes only and does not constitute legal advices. For further information, please contact us.
