For those planning to build a house, in addition to having a house design created by an architect or engineer, it is necessary to submit an application for a building permit to the local administrative organization (TAO) or municipality first. If you are using a construction company, they will usually handle this for you. However, it is crucial and cannot be overlooked that the construction must comply with building control laws, particularly regarding 'setback'.

            Whether building a house or a building near a road or public water body, it is essential to check the setback distance from the boundary line according to the Bangkok Metropolitan Administration's building control regulations of 2001, Ministerial Regulation No. 55 (2000), and Ministerial Regulation No. 33 (1992), which stipulate the setbacks from public roads, the space in front and behind the building, and the distance from neighboring land as follows:

Setback from Public Roads

1. If the public road is less than 6 meters wide, the building must be set back at least 3 meters from the center of the public road.

2. If the public road is less than 10 meters wide, the building must be set back at least 6 meters from the center of the public road. For example, if the road is 8 meters wide, the setback should be measured at least 6 meters from the center, meaning the building's setback reaches the road boundary by at least 2 meters.

3. If the public road is between 10 meters and 20 meters wide, the building must be set back at least 1/10 of the road's width from the public road boundary. For instance, if the road is 12 meters wide, the setback should be at least 1.2 meters.

4. If the public road is wider than 20 meters, the building must be set back at least 2 meters from the public road.


            An important point for landowners to know, especially in rural areas where they voluntarily allow others to use their land as a passage, is that whether or not they charge for passage, the building control law considers this land as 'public road' immediately.

            Therefore, when building a house on one's own land, if the public can pass through, the setback regulations must also be considered.

If you violate the setback regulations and insist on building without adhering to them, the consequences are:
            If construction has already begun or is in progress, it may be suspended, or you may be required to correct it or demolish it entirely within a specified period according to Section 42 of the Building Control Act, and you will incur fines as stipulated by law. It is advisable to thoroughly understand and comply with the regulations for peaceful coexistence in society.

Article by: TerraBKK Knowledge Base

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