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Phuket Zoning Laws and Building Measures

Phuket Zoning Laws and Building Measures

ANNOUNCEMENT OF MINISTRY NATURAL RESOURCES AND ENVIRONMENT
RE: ENACTMENT OF ZONING AND ENVIRONMENT PROTECTION MEASURES
FOR PHUKET PROVINCE B.E. 2553 (A.D. 2010)

This announcement categorized area into 9 zones.  However, the area in Cherngtalay District was categorized into 8 zones as follows:

"Zone 1" means the precinct having a distance of 50 meters measured from surrounding shore lines to the land in Phuket island.
"Zone 2" means the precinct having further distance into the land for another 150 meters measured from the boundary of Zone 1.
"Zone 3" means the precinct having further distance into the land for another 150 measured from the boundary of Zone 2.
"Zone 4" means the precinct in Phuket City municipality.
"Zone 5" means the rural and agricultural areas.
"Zone 6" means the rural and agricultural areas.
"Zone 7" means the precinct that is higher than the medium sea level from 80 meters and over.
"Zone 8" means other precincts and surrounding islands not mentioned in Zone 1-7.
“Zone 9” means territorial waters around Phuket Province.

 

The height of structure and building in each zone must not exceed the following:

Zone 1 is allowed to erect the building not exceeding 6 meters in height and having a distance from the shore line not less than 20 meters.
Zone 2 is allowed to erect the building not exceeding 12 meters in height.
Zone 3 is allowed to erect the building not exceeding 16 meters in height.
Zone 5 is allowed to erect the building not exceeding 8 meters in height.
Zone 6 is allowed to erect the building not exceeding 6 meters in height.
Zone 8 is allowed to erect the building not exceeding 23 meters in height.

 

Zone 1 is allowed to erect the building not exceeding 6 meters in height and having a distance from the shore line not less than 20 meters with uncovered space of not less than 75% of the land plot applied for building permit except for the area within a territory stipulated by the ministerial regulation regarding the building control for which the height depends on the provision of such ministerial regulation.

Slope area having percentage of slope from 20-35 is permitted only for a single house or single building with its height not higher than 6 m. with uncovered space not less than 70% of land plot applied for building permit.  It shall also have a green area not less than 50% of the uncovered space.

Slope area having percentage of slope from 35-50 is permitted only for a single house or single building with its height not higher than 6 m. with uncovered space not less than 75% of land plot applied for building permit.  It shall also have a green area not less than 50% of the uncovered space.

Slope area having percentage of slope higher than 50 is prohibited for construction or modification of any buildings.

The land in this zone is not allowed to erect or modify any structure for following purposes:

• All kinds or all types of industrial factory which quantity of waste water under factory law is over 1,000 m2 per day.
• Slaughterhouse
• Crematirium
• Cemetery
• Fuel oil depot and storage facility of fuel oil, which is not liquefied petroleum gas and natural gas
• Gas filling plant, gas storage and gas filling room for liquefied petroleum and natural gas

 

Zone 2 is allowed to erect the building not exceeding 12 meters in height with uncovered space of not less than 30% of land applied for construction permit for erecting commercial building, town house, row unit or shop house with uncovered space not be less than 10% of the land plot applied for building permit.  However, if it is located in the area under the ministerial regulation issued under building control laws, the uncovered space must not be less than 50% of the land plot applied for building permit.

Slope area having percentage of slope from 20-35 is permitted only for a single house or single building with its height not higher than 12 m. with uncovered space not less than 70% of land plot applied for building permit.  It shall also have a green area not less than 50% of the uncovered space.

Slope area having percentage of slope from 35-50 is permitted only for a single house or single building with its height not higher than 12 m. with uncovered space not less than 75% of land plot applied for building permit.  It shall also have a green area not less than 50% of the uncovered space.

Slope area having percentage of slope higher than 50 is prohibited for construction or modification of any buildings.

The land in this zone is not allowed to erect or modify any structure for following purposes:

• All kinds or all types of industrial factory which quantity of waste water under factory law is over 1,000 m2 per day.
• Slaughterhouse
• Crematorium
• Cemetery
• Fuel oil depot and storage facility of fuel oil, which is not liquefied petroleum gas and natural gas
• Gas filling plant, gas storage and gas filling room for liquefied petroleum and natural gas

Zone 3 is allowed to erect the building not exceeding 16 meters in height with uncovered space of not less than 30% of land applied for construction permit for erecting commercial building, town house, row unit or shop house with uncovered space not be less than 10% of the land plot applied for building permit.

Slope area having percentage of slope from 20-35 is permitted only for a single house or single building with its height not higher than 12 m. with uncovered space not less than 70% of land plot applied for building permit.  It shall also have a green area not less than 50% of the uncovered space.

Slope area having percentage of slope from 35-50 is permitted only for a single house or single building with its height not higher than 12 m. with uncovered space not less than 75% of land plot applied for building permit.  It shall also have a green area not less than 50% of the uncovered space.

Slope area having percentage of slope higher than 50 is prohibited for construction or modification of any buildings.

The land in this zone is not allowed to erect or modify any structure for following purposes:

• All kinds or all types of industrial factory which quantity of waste water under factory law is over 1,000 m2 per day.
• Slaughterhouse
• Crematorium
• Cemetery
• Fuel oil depot and storage facility of fuel oil, which is not liquefied petroleum gas and natural gas
• Gas filling plant, gas storage and gas filling room for liquefied petroleum and natural gas

Zone 4 is the vicinity of Phuket municipality.

Zone 5 is allowed to erect the building not exceeding 6 meters in height except when the local council has approved to build higher than 6 m., however, it shall not exceed 12 m.  There must be uncovered space of not less than 30% of land applied for construction permit for erecting commercial building, town house, row unit or shop house with uncovered space not be less than 10% of the land plot applied for building permit.

Slope area having percentage of slope from 20-35 is permitted only for a single house or single building with its height not higher than 12 m. with uncovered space not less than 70% of land plot applied for building permit.  It shall also have a green area not less than 50% of the uncovered space.

Slope area having percentage of slope from 35-50 is permitted only for a single house or single building with its height not higher than 12 m. with uncovered space not less than 75% of land plot applied for building permit.  It shall also have a green area not less than 50% of the uncovered space.

Slope area having percentage of slope higher than 50 is prohibited for construction or modification of any buildings.

The land in this zone is not allowed to erect or modify any structure for following purposes:

• All kinds or all types of industrial factory which quantity of waste water under factory law is over 1,000 m2 per day.
• Slaughterhouse
• Crematorium
• Cemetery
• Fuel oil depot and storage facility of fuel oil, which is not liquefied petroleum gas and natural gas
• Gas filling plant, gas storage and gas filling room for liquefied petroleum and natural gas

 

Zone 6 is allowed to erect the building not exceeding 8 meters with uncovered space of not less than 30% of land applied for construction permit except that it is the necessary infrastructure of government or public utility services that has concession of government.  For commercial building, town house, row unit or shop house, there must be uncovered space not be less than 10% of the land plot applied for building permit.

Slope area having percentage of slope from 20-35 is permitted only for a single house or single building with its height not higher than 6 m. with uncovered space not less than 70% of land plot applied for building permit.  It shall also have a green area not less than 50% of the uncovered space.

Slope area having percentage of slope from 35-50 is permitted only for a single house or single building with its height not higher than 6 m. with uncovered space not less than 75% of land plot applied for building permit.  It shall also have a green area not less than 50% of the uncovered space.

Slope area having percentage of slope higher than 50 is prohibited for construction or modification of any buildings.

The land in this zone is not allowed to erect or modify any structure for following purposes:

• All kinds or all types of industrial factory which quantity of waste water under factory law is over 1,000 m2 per day.
• Slaughterhouse
• Crematorium
• Cemetery
• Fuel oil depot and storage facility of fuel oil, which is not liquefied petroleum gas and natural gas
• Gas filling plant, gas storage and gas filling room for liquefied petroleum and natural gas

Zone 7 is not allowed for any kind of utilization.  No construction or modification is permitted.

Zone 8 is allowed to erect the building not exceeding 23 meters with uncovered space of not less than 30% of land applied for construction permit except that it is the structure for state telecommunication purpose with receiver’s post not higher than 23 meters and with distance from public road for at least 60 m.  However, if it is higher than 23 meters, it is subject to the approval of the Board. For commercial building, town house, row unit or shop house, there must be uncovered space not be less than 10% of the land plot applied for building permit.

Slope area having percentage of slope from 20-35 is permitted only for a single house or single building with its height not higher than 12 m. with uncovered space not less than 70% of land plot applied for building permit.  It shall also have a green area not less than 50% of the uncovered space.

Slope area having percentage of slope from 35-50 is permitted only for a single house or single building with its height not higher than 12 m. with uncovered space not less than 75% of land plot applied for building permit.  It shall also have a green area not less than 50% of the uncovered space.

Slope area having percentage of slope higher than 50 is prohibited for construction or modification of any buildings.

The land in this zone is not allowed to erect or modify any structure for following purposes:

• All kinds or all types of industrial factory which quantity of waste water under factory law is over 1,000 m2 per day.
• Slaughterhouse
• Crematorium
• Cemetery
• Fuel oil depot and storage facility of fuel oil, which is not liquefied petroleum gas and natural gas
• Gas filling plant, gas storage and gas filling room for liquefied petroleum and natural gas

Zone 9 is the territorial waters of Phuket Province.

 

Summary of the regulations of Notification of Ministry of Natural Resources
and Environment B.E. 2553(2010)

1. Regulations on the land use                        
2. Restriction on the land use
3. The construction requiring environment report

Type of land use	The classified area under the notification of Ministry of Natural Resources and Environment
	1	2	3	4	5	6	7	8	9
Central waste treatment plant	✓	✓	✓	✓	✓	✓		✓
Water supply plant, to purify water, produce tap water	✓	✓	✓	✓	✓	✓		✓
Slaughtering house, crematorium requiring reconstruction in replacement of the existing one	✓	✓	✓	✓	✓	✓		✓
Cemetery in replacement of the existing one, far from the coastline not less than 1,000 m. and far from water source not less than 300 m.	✓	✓	✓	✓	✓	✓		✓
Fuel oil and gas service stations, gas shop, gas using facility	✓	✓	✓	✓	✓	✓		✓
Construction of industrial factory only in the category 1 according to Factory Law other than the land of specific industrial zone or industrial and warehouse zone according to the city plan.	✓	✓	✓	✓	✓	✓		✓
Construction of livestock plant, far from the coastline not less than 1,000 m. and far from water source not less than 30 m.	✓	✓	✓	✓	✓	✓		✓
Structure used in telecommunication or public utilities business.	✓	✓	✓	✓	✓	✓		✓
Waste disposal incinerator of Phuket Municipality	✓	✓	✓	✓	✓	✓		✓
Detached house, twin house, office building, common residential building or public building where unoccupied area is not less than 30% of the plot of land submitted for permission.		✓	✓					✓
Structure used in telecommunication or public utilities  business.	✓	✓	✓	✓	✓	✓		✓
Waste disposal incinerator of Phuket Municipality	✓	✓	✓	✓	✓	✓		✓
Detached house, twin house, office building, common residential building or public building where unoccupied area is not less than 30% of the plot of land submitted for permission.		✓	✓
Commercial building, row house, row room or shophouse shall have unoccupied area not less than 10% of the plot of land submitted for construction license		✓	✓
Slope from 20-50% is allowable only the building in the type of detached house or single building of height not exceeding 6 m.	✓					✓
Slope from 20-50% is allowable only the building in the type of detached house or single building of height not exceeding 12 m.		✓	✓	✓	✓			✓

 

 

 

Type of land use	The classified area under the notification of Ministry of Natural Resources and Environment
	1	2	3	4	5	6	7	8	9
All types of factory under the Factory Law	✓	✓	✓	✓	✓	✓	✓	✓	✓
Slaughterhouse	✓	✓	✓	✓	✓	✓	✓	✓	✓
Crematorium	✓	✓	✓	✓	✓	✓	✓	✓	✓
Cemetery	✓	✓	✓	✓	✓	✓	✓	✓	✓
Fuel oil depot other than liquefied petroleum gas (LPG) and natural gas	✓	✓	✓	✓	✓	✓	✓	✓	✓
Fuel oil storage other than liquefied petroleum gas (LPG) and natural gas	✓	✓	✓	✓	✓	✓	✓	✓	✓
Gas filling yard for liquefied  petroleum gas under the Fuel Oil Control Law	✓	✓	✓	✓	✓	✓	✓	✓	✓
Gas storage yard for liquefied  petroleum gas under the Fuel Oil Control Law	✓	✓	✓	✓	✓	✓	✓	✓	✓
Gas filling room for liquefied petroleum gas under the Fuel Oil Control Law	✓	✓	✓	✓	✓	✓	✓	✓	✓
Construction of livestock plant				✓

 

 

• Factory for supplying or distributing power.
• Factor engaging in the business of steam manufacture for sale.
• Hotel or resort under the law regarding hotel or common residential building according to the Building Control Act where is far from the coastline more than 50 m. which comprised of room from 10 to 79 units.
• Hospital or medical facility under the law regarding medical facility where there are bed for overnight patient from 10 – 29 beds.
• Excavating, scooping or dredging gravel, soil, laterite and earth sand at the depth more than 3 m. from the ground level or having the area at the edge of soil pond more than 10,000 m.2
• Land allocation according to the Land Allocation Law for use as residential place or for commercial purpose which comprised not more than 250 sub-plots or total area not exceeding 100 rai.
• All types of harbor with the capacity to support ship from 100 ton gross upward but not exceeding 500 ton gross.
• Dam or reservoir capacity from 160,000 m.3 but less than 100,000,000 m.3
• Way or private road constructed on the area where its slop is from 15% upward and its continuity is from 500 to 1,500 m.
• Highway or road according to the law regarding highway duly constructed on the land where its slope is from 15 – 25%.
• Common waste treatment plant with its capacity not exceeding 3,000 m.3/day or the premise used for waste disposal capacity not exceeding 50 ton/day.
• The business of residential house from 10 to 79 units or row room, shop house or row house comprising 10 to 79 units on the same plot of land.
• High rise or extra large building according to Building Control Act.
• Slaughterhouse
• Operation of government department in depreciated mangrove area.