Unofficial Translation*
TOWN PLANNING ACT B.E. 2518 (1975)**
BHUMIBOL ADULYADEJ, REX;
Given on the 5th Day of February B.E. 2518; Being the 30th Year of the Present Reign
His Majesty King Bhumibol Adulyadej is graciously pleased to proclaim that: Whereas it is expedient to revise the law on town and country planning;
Be it, therefore, enacted by the King, by and with the advice and consent of the National Assembly, as follows:
Section 1. This Act is called the “Town Planning Act B.E. 2518”.
Section 2.1 This Act shall come into force as from the day following the date of its publication in the Government Gazette.
Section 3. The Town and Country Planning B.E. 2495 shall be repealed.
All other laws, rules, and regulations in so far as they have already been provided herein or are contrary to or inconsistent with the provision of this Act, shall be replaced by this Act.
Section 4. In this Act:
“Town Planning” means planning, designing, and implementing to be in accordance with general town planning and specific town planning in town areas and relevant areas or countryside areas in order to build or develop a town or a new part of the town or to replace the town or damaged part of the town to allow existence or betterment of hygiene,
* Translated by Mr. Watthana Suksiripakonchai, and reviewed by Prof. Phijaisakdi Horayangkura under contract for the Office of the Council of State of Thailand's Law for ASEAN project. -Initial Version – pending review and approval by the Office of the Council of State.
** As amended up to the Town Planning Act (No. 3) B.E. 2535 (1992).
1 Government Gazette No. 92/ Part 33 Special Issue Page 8/13 February B.E. 2518
comfort, orderliness, beauty, property utilisation, public safety, and social wellbeing to enhance economy, society, and environment in order to maintain or restore a place or item of utility or value in the field of art, architecture, history, or archeology; or to maintain natural resources, beautiful scenery, or those with value in nature.
“General Town Plan” means a plan, a policy and a project including a general control measure to be used as a guideline for development and maintenance of a town and an associated area or a countryside area for the utilization of properties, transportation and shipping, public utility, public service, and environment in order to achieve the objective of town planning.
“Specific Town Plan” means a plan and an implementation project for development or maintenance of a specific site or relevant activities in a relevant town and area or a countryside area for the benefit of town planning.
“Building” means a building under the law on control of building construction including all other types of structure or any other thing placed on, underneath, or over the surface of land or water.
“Accessory Space” means a private land area as designated by the specific town plan to be an empty site or to be also utilised for other purposes including a footpath, a pavement, a passageway behind or beside a building, a waterway, a drain or a drainpipe.
“Open Space” means a land area as specified in a general town plan or a specific town plan to mainly be an empty land and to be used as per the specified objective.
“Planning Officer”: In case there is a Royal Decree prescribing a land area to be surveyed in order to plan, design, or approve a general town plan and/or a specific town plan, it means the Planning Officer as specified in the Royal Decree. In case of enforcement upon the general town plan it means, the Director General of Department of Public Works and Town and Country Planning or a Local Officer, who plan and design for the general town plan. In case of enforcement upon the specific town plan, it means a planner and designer for the specific town plan.
“Local Officer”: in a municipality area, it means a mayor council. In a sanitary area, it means a sanitary council. In a provincial administrative organisation area, it means a provincial governor or an entrusted district chief to act on behalf of the provincial governor. In Bangkok, it means the Bangkok governor or an entrusted district chief to act on behalf of the Bangkok governor.
“Operation Officer” means a local officer, an organisation officer, or a State corporation officer who has authorities or is entrusted to conduct any act in accordance with the specific town plan.
“Local Administrative Organisation” means a provincial administrative organisation, a municipality, a sanitary district or Bangkok Metropolitan Administration.
“Provincial Governor” includes the Bangkok governor in case it is the planning and designing of a General Town Plan or a Specific Town Plan in Bangkok.
“Minister” means the Minister having charge and control of the execution of this
Act.
Section 5. The Minister for Interior shall have charge and control of the execution of this Act and shall have power to issue ministerial regulations in executing this Act.
CHAPTER I TOWN PLANNING BOARD
Section 6. There shall be a Town Planning Board comprising the Permanent Secretary of the Ministry of Interior as chairperson; the Permanent Secretary of the Ministry of Agriculture and Cooperatives, the Permanent Secretary of the Ministry of Transport, the Permanent Secretary of the Ministry of Industry, the Director of the Bureau of the Budget, the Secretary General of the Office of the National Economic and Social Development Board, no more than seven qualified persons in town planning or in any field directly related to town planning, and no more than seven representatives from institutes, independent oragnisations and other persons with relevance to town planning as members; and the Director General of the Department of Public Works and Town and Country Planning as member and secretary.
In case of planning, designing or approving a General Town Plan or a Specific Town Plan in the Bangkok Metropolitan Area, the Permanent Secretary of Bangkok Metropolitan Administration shall also be included as a board member.
The Council of Ministers shall appoint a qualified person, representatives of institutes, independent organisations and other persons as board member in accordance with paragraph one. The members who are appointed from representatives of institutes, the
independent organisation and other persons shall not be a civil servant or a local administrative officer who holds a permanent position or receives a permanent salary.
Section 7. The Town Planning Board has authorities related to Town Planning as prescribed in this Act. It also has a duty of advising other matters related to Town Planning to an agency with duties relevant to Town Planning.
Section 8. The Town Planning Board has power to appoint one or several sub- committees to conduct or consider matters under the authorities of the Board, or assist in any operation as designated and report to the Board. Section 11 and Section 12 SHall apply mutatis mutandis.
Section 9. The Town Planning Board members appointed by the Council of Ministers shall hold their offices for a term of two years.
In case there is an appointment of a Town Planning Board member whilst the members already appointed are still in office, whether such appointment is for addition or replacement, the appointee shall be in office for the remaining term of office of the members already appointed.
A Town Planning Board member who vacates office may be reappointed.
Section 10. In addition to vacating office on the expiration of term under paragraph nine, a member appointed by the Council of Ministers vacates office upon;
(1) death;
(2) resignation;
(3) being dismissed by the Council of Ministers;
(4) being bankrupt;
(5) being incompetent person or quasi-incompetent person; and
(6) being imprisoned due to a final judgment to a term of imprisonment except for an offence committed through negligence, or a petting offence.
Section 11. At a meeting of Town Planning Board, the presence of not less than one-half of all the members it is required to constitute a quorum.
If the chairperson is not present at the meeting, the members shall elect one amongst themselves to preside over the meeting.
Section 12. A decision of the meeting shall be made by a majority of votes.
In casting a vote, each member shall have one vote. In case of an equality of votes, the presiding member shall have an additional vote as the casting vote.
Section 13. The Department of Public Works and Town and Country Planning shall act in accordance with the decision of the Town Planning Board. In case it is an affair within the power of an organisation or other person under this Act or any other law, the Department of Public Works and Town and Country Planning shall expeditiously inform the decision of the Board to such organisation or person. It shall also follow up on the outcome of work by such organization or person and report it to the Town Planning Board without delay.
CHAPTER II
SURVEY FOR PLANNING AND DESIGNING GENERAL TOWN PLANS OR SPECIFIC TOWN PLANS
Section 14. In planning and designing a General Town Plan or a Specific Town Plan, there may be a Royal Decree prescribing an area of land to be surveyed in order to plan and design General Town Plan or Specific Town Plan.
The Royal Decree shall specify:
(1) the purpose of the survey for planning and designing the General Town Plan or Specific Town Plan;
(2) a Planning Officer;
(3) an area to be surveyed together with a map showing a survey area attached to the Royal Decree; and
(4) the enforcement period of the Royal Decree, which must not exceed five years.
Section 15. During the time which the Royal Decree prescribing the area of land to be surveyed is in force, the Planning Officer shall have the following powers:
(1) to make an entry and undertake any act necessary for the survey;
(2) to circumscribe a land area intended to be the area of the General Town Plan or Specific Town Plan;
(3) to set criteria for the utilisation of the property for the benefit of planning and designing the General Town Plan or the Specific Town Plan. However, after having obtained an approval from the Town Planning Board;
(4) to make a marking for levels, limits and boundaries as necessary; and
(5) to notify a government agency, a state organisation, or a state enterprise to send a map or a plan showing land area only as necessary for the benefit of planning and designing the General Town Plan or the Specific Town Plan.
No person may enter into a building, a courtyard, or a fenced garden connected to a residential house unless with permission from the owner or the possessor of the property; or the owner or the possessor of the property being informed of the affair to be conducted not less than three days prior to the commencement of such affair.
Section 16. The Royal Decree announced under Section 14 shall not be in force upon having a ministerial regulation to impose a General Town Plan, or when promulgating an act imposing a Specific Town Plan, as the case may be, within the area prescribed in the Royal Decree.
CHAPTER III
PLANNING AND DESIGNING GENERAL TOWN PLANS
Section 17. A General Town Plan comprises:
(1) objectives for planning and designing the General Town Plan;
(2) a map showing an area of General Town Plan;
(3) a plan made in one or several copies together with a prescription containing all or some of important matters as follows:
(a) a plan setting the utilisation of the land as classified by categories;
(b) a plan showing Open Spaces;
(c) a plan showing communication and transportation projects; and
(d) a plan showing public utility projects.
(4) details accompanying the plan;
(5) policies, measures, and implementation methods for conducting as per the objectives of the General Town Plan.
Section 18. If the Department of Public Works and Town and Country Planning considers that it is appropriate to plan and design a General Town Plan in a local area, it may plan or design the General Town Plan for that local area, or the local officer of the area may plan and design the General Town Plan in that local area. In case the local officer intends to plan and design the General Town plan, prior approval must be obtained from the Town Planning Board.
If the area of General Town Plan overlaps areas of various Local Administrative Organisations, the Town Planning Board may order the Department of Public Works and Town and Country Planning, or a local officer of one or relevant Local Administrative Organisations to jointly plan and design the General Town Plan. The Town Planning Board may also prescribe a cost pro rata that each Local Administrative Organisation has to pay.
In case the Local Officer seeks advice from the Department of Public Works and Town and Country Planning regarding the planning and designing of the General Town Plan, the Department shall provide cooperation for the Local Officer as requested.
Section 19.2 When the Department of Public Works and Town and Country Planning is planning or designing a General Town Plan of any local area, it shall notify the Local Officer and such Local Officer shall give an opinion to the Department of Public Works and Town and Country Planning.
In planning or designing any General Town Plan, the Department of Public Works and Town and Country Planning or the Local Officer, as the case may be, shall advertise the General Town Plan to the public, and arrange at least one meeting in order to hear the public opinion of the local area to be planned and designed in the General Town Plan. At the public hearing, there may be a requirement allowing only representatives of the public to attend the meeting as appropriate. The criteria, procedures, and conditions related to the advertisement, meeting, and public hearing shall be described in a ministerial regulation.
Section 20. When the Local Officer has planned and designed the General Town Plan, the General Town Plan shall be sent to the Department of Public Works and Town and Country Planning for consideration. If the Department of Public Works and Town and Country Planning considers it appropriate that there should be an amendment or change to the General Town Plan, it shall inform the Local Officer of such matter with reason. If the Local Officer disagrees with the opinion of the Department of Public Works and Town and Country Planning, the Local Officer shall inform the Department of Public Works and Town and Country Planning of the reason after which the Department of Public Works and Town and Country Planning shall follow Section 22 Without delay.
Section 21.3 When there is planning and designing of a General Town Plan at a local area of any province, the Provincial Governor of the province shall appoint one advisory committee for each local area of the General Town Plan. The advisory committee shall comprise a representative from Local Administrative Organisation, a representative from Department of Public Works and Town and Country Planning, a representative from various government agencies in the local area of the General Town Plan, and other persons as appropriate. The total number may not be less than fifteen persons but not exceeding twenty- one persons. The advisory committee is responsible for giving advice and opinion related to the General Town Plan planned and designed by the Department of Public Works and Town and Country Planning or the Local Officer.
In case that the planning and designing of the General Town Plan in a local area overlaps two or more provinces, the Town Planning Board shall appoint the advisory committee for the General Town Plan.
The Minister shall set rules related to appointment of an advisory committee for the General Town Plan and the function of the said advisory committee for the General Town Plan.
The provisions on the meeting in Chapter I shall apply to the meeting of the advisory committee for the General Town Plan mutatis mutandis.
Section 22. The Department of Public Works and Town and Country Planning shall present the General Town Plan that the Department of Public Works and Town Country Planning or the Local Officer has planned and designed to the Town Planning Board for
consideration. In case the General Town Plan that the Local Officer has planned and designed in which the Department of Public Works and Town and Country Planning has an opinion that an amendment or change is required but the Local Officer disagrees with such opinion, the opinion of the Department of Public Works and Town and Country Planning and the reason of the Local Officer shall also be presented to the Town Planning Board.
Section 23.4 When the Town Planning Board gives an approval, the Department of Public Works and Town and Country Planning or the Local Officer who has plannrf and designed the General Town Plan shall arrange to place announcement of the map showing the boundary of the town plan in a conspicuous place at a sub-district office or a district office in Bangkok Metropolitan Area or at a district office, a Local Administrative Organisation office, and a public place within the boundary of the General Town Plan for not less than ninety days. The date of posting of such announcement shall also be dated in the placard.
In the placard, there shall be an invitation for any interested person to examine the plan and the prescription of the General Town Plan at the Department of Public Works and Town a Country Planning or at the office of the Local Officer who has planned and designed the General Town Plan. The method of announcement shall be in accordance with rules of the Ministry of Interior.
Section 24.5 Within ninety days from the date of the announcement under Section 23, any interested person who writes to the Department of Public Works and Town and Country Planning or a Local Officer who has planned and designed the General Town Plan requesting amendment, or cancellation of the prescriptions related to the utilisation of land in the General Town Plan, regardless of whether the Department of Public Works and Town and Country Planning or the Local Officer agreeing with the request, the Department of Public Works and Town and Country Planning or the Local Officer, as the case may be, shall present the request to the Town Planning Board together with a recommendation. In case the Local Officer is the person presenting the case, the matter shall be carried out through the Department of Public Works and Town and Country Planning.
In case the Town Planning Board agrees with the request, the Town Planning Board shall order the Department of Public Works and Town and Country Planning or the Local Officer, as the case may be, to amend, change or cancel such prescription in the General Town Plan. If the Board disagrees with the request, the request shall be dismissed.
Section 25.6 When ninety days have passed since the day that the announcement is affixed under Section 23 and no interested person lodges a request to amend, change or cancel any prescription related to the utilisation of land in the General Town Plan, or there is only the Town Planning Board dismisses the request or orders the amendment, change or cancellation of the prescriptions, and the Department of Public Works and Town and Country Planning or the Local Officer , as the case may be, has carried out accordingly, the Department of Public Works and Town and Country Planning shall present the General Town Plan to the Minister to further proceed with issuance of a ministerial regulation for enforcement of such General Town Plan.
CHAPTER IV ENFORCEMENT OF GENERAL TOWN PLAN
Section 26.7 Enforcement of the General Town Plan shall be done through a ministerial regulation.
The ministerial regulation under paragraph one must contain items specified under Section 17 and it shall be in force for not more than five years.
During the ministerial regulation under paragraph one is in force, if the Department Public Works and Town and Country Planning or the Local Officer thinks fit, there shall be any amendment and improvement imposed on the General Town Plan so that it is suitable for the changed circumstance or environment, or for the benefits of the state. The provisions in Section 22, Section 23, Section 24, and Section 25 shall apply mutatis mutandis.
One year before the enforcement period of the ministerial regulation under paragraph one ends, Department of Public Works and Town and Country Planning or the Local
6 Section 25 is amended by the Town Planning Act (No. 3) B.E. 2535.
7 Section 26 is amended by the Town Planning Act (No. 3) B.E. 2535.
Officer, as the case may be, shall observe the circumstance and the environment of the use of the General Town Plan to see if there is any change. If the circumstance and the environment do not present any substantial change, the Department of Public Works and Town and Country Planning or the Local Officer, as the case may be, shall arrange a public hearing in the enforced area of the General Town Plan under Section 19 paragraph two. If no person objects to it, the Department of Public Works and Town and Country Planning or the Local Officer, with approval of the Town Planning Board, shall extend the enforcement period of the ministerial regulation under paragraph one for another five years. However, in case the circumstance and the environment presents a substantial change, the Department of Public Works and Town and Country Planning or the Local Officer shall undertake an amendment and improvement on the General Town Plan for it to become suitable.
In case the amendment and improvement of the General Town Plan cannot be done within the period in which the ministerial regulation under paragraph one is in force, the Department of Public Works and Town and Country Planning or the Local Officer, with approval of the Town Planning Board, shall extend the enforcement period of the ministerial regulation under paragraph two for two more times and each time for not more than one year.
The request for extension of the enforcement period of the General Town Plan under paragraph five shall be made by a ministerial regulation.
Section 27. In the area where the ministerial regulation for the enforcement to the General Town Plan is in force, no person may utilise the land other than what is prescribed in the General Town Plan nor conduct any activities that contradict the prescription of such General Town Plan.
The provision under paragraph one shall not apply to the case that the owner or the possessor of the land has utilised the land before the ministerial regulation on the General Town Plan comes into force and that they intend to continue utlising the land after the ministerial regulation on the General Town Plan comes into force. However, if the Town Planning Board is of opinion that the continuation of utilisation of the land is a substantial contradiction to the policy on the General Town Plan related to sanitation, public safety, and public welfare, the Town Planning Board has power to prescribe criteria, procedures, and conditions that the owner or the possessor of the land must amend and change or suspend the utilisation of the land within the reasonable period. In the prescription of the said criteria, procedures, and conditions, consideration shall be given to activities that involve the utilisation
of land, condition of land, and other properties related to the land, investment, benefits or trouble and nuisance that people may experience from such activities. However, the Town Planning Board shall invite the owner or the possessor of the land to explain the facts and give opinions as part of its consideration.
Upon prescribing the criteria, procedures, and conditions under paragraph two, the Town Planning Board shall inform the owner or the possessor of the land in writing, and the owner or the possessor of the land has the right of appeal under Section 70.
CHAPTER V
PLANNING AND DESIGNING SPECIFIC TOWN PLAN
Section 28. A Specific Town Plan comprises:
(1) objectives of planning and designing the Specific Town Plan;
(2) a map showing boundaries of the Specific Town Plan;
(3) a town plan or an area plan made in one or several documents which contain every or some details as follows:
(a) a plan showing prescriptions for utilisation of the land as categorised according to activities together with boundaries dividing the land into categories and zones;
(b) a plan showing a communication and transportation projects together with details showing lines and sizes of public ways;
(c) a plan showing details of public utilities;
(d) a plan showing Open Spaces;
(e) a plan showing requirements of ground levels;
(f) a plan showing a location of a place or an item with value in art, architecture, history, or archeology in which they ought to be promoted, maintained or renovated; and
(g) a plan showing an area where there are natural resources or beautiful scenery sites or natural values including a standalone tree or a group of trees in which they should be promoted or maintained.
(4) details and explanations for the map under (3) including categories and types of buildings which may or may not be permitted for construction.
(5) prescriptions for action or non-action to comply with the objectives of the Specific Town Plan in all or some aspects as follows:
(a) a line and size of an Accessory Space;
(b) a category, type, size, and number of buildings which may or may not be permitted for construction;
(c) a category, type, size, number, and characteristic of buildings that are damaged, deteriorated, or in a disgusting condition or likely to cause harm to residents or passers-by. They may be subject to order of demolition or relocation by an order of a local town planning administration committee under Section 55;
(d) if utilisation of a new building permitted to construct or alter a building varies from the utilisation requested at the time of requesting the permission for construct which shall obtain permission from the Local Officer;
(e) a size and block of land that may be permitted to be a site for constructing a building for any utilisation as specified in the Specific Town Plan including the area of the land prescribed to be an Open Space for the specified benefits;
(f) promotion and maintenance or renovation of a place or an item with benefits or values in art, architecture, history or archeology;
(g) maintenance of an Open Space;
(h) promotion or maintenance of a standalone tree or a group of trees;
(i) demolition, relocation, or alteration to a building; and,
(j) Other matters being necessary to conform to the objectives of the Specific
Town Plan.
(6) details showing land or other immovable properties that must be expropriated
including the name of the lawful owner or a possessor of the properties with a map showing boundaries of land or other expropriated immovable properties for benefits of town planning under Section 43(1);
(7) details showing land or other immovable properties that must be expropriated including the name of the lawful owner or a possessor of the properties with a map showing boundaries of land or other expropriated immovable properties for other benefits of town planning under Section 43(2);
(8) details and a map showing land or other immovable properties, which belong to the public or a ministry, a sub-ministry, a department, a province, a local organisation, or a
government organisation is the owner, possessor, or keeper to be used as a highway or other benefits to town planning; and
(9) a map, a plan, or other details as necessary.
Section 29.8 When there is the ministerial regulation to enforce the General Town Plan in a local area, if the Local Officer of that area sees appropriate, the Local Officer may arrange to plan and design a Specific Town Plan, or request that the Department of Public Works and Town and Country Planning be the planner and designer for the Specific Town Plan. However, the Specific Town Plan must accord with the General Town Plan.
In a local area where the ministerial regulation enforcing a Specific Town Plan has yet prescribed, the Minister may order the Department of Public Works and Town and Country Planning or the Local Officer to plan and design a Specific Town Plan for it.
In case the Local Officer plans and designs the Specific Town Plan, the Local Officer shal first present the principle for planning and designing the Specific Town Plan to the Town Planning Board.
In this regard, the Local Officer may give opinions or seek advices related to the planning and designing of the Specific Town Plan from the Department of Public Works and Town and Country Planning.
Section 30. In case that the Local Officer intends to plan and design the Specific Town Plan under Section 29, the Local Officer shall post an announcement showing approximated boundaries intended for planning and designing the Specific Town Plan in conspicuous areas at a district office or a sub-district office in Bangkok Metropolitan Area; or a local district office, a local administrative organisation office, and a public place within the boundary of which the Specific Town Plan is be planned and designed.
Section 31. In case the Department of Public Works and Town and Country Planning is the planner and designer of the Specific Town Plan as per the order of the Minister or the request of the Local Officer under Section 29, the Department of Public Works and Town and Country Planning shall send a map showing the intended boundary to be planned and
8 Section 29 is amended by the Town Planning Act (No. 3) B.E. 2535.
designed for the Specific Town Plan to the Local Officer so that it shall be posted in conspicuous areas under the provision of Section 30.
Section 32. In the announcement showing the intended boundary to be planned and designed for the Specific Town Plan under Section 30 and Section 31, there shall be an invitation for the owner or possessor of the land or a person who is entitled to construct a building on the land of others to give an opinion as well as an intention to renovate the land in the shown boundaries. This may be done within forty-five days as from the date of the announcement through a letter to the Local Officer or the Department of Public Works and Town and Country Planning, as the case may be.
The Local Officer or the Department of Public Works and Town and Country Planning may inform the sender of the letter of opinion and the intention under paragraph one to further clarify the opinion.
Section 33. In planning and designing any Specific Town Plan, the Department of Public Works and Town and Country Planning or the Local Officer, as the case may be, shall arrange to advertise for the public to know, and to have at least two meetings in order to hear opinions of people in the area to be planned and designed the Specific Town Plan. In hearing the opinions, there may be requirements to allow only representatives of the public to attend the meeting as appropriate. Criteria, methods, and conditions for advertisement, meeting, and giving opinions shall be prescribed in a ministerial regulation.
Section 34. If the owner, the possessor of the land, or the person with the right to construct a building on the land of others’ wishes to allocate the land or construct a building for the benefits of education, public health, or public service in the area announced under Section 30 or Section 31, he or she shall send a letter indicating the intention together with the project to the Local Officer or the Department of Public Works and Town and Country Planning, as the case may be.
Section 35. Upon receipt of the letter of intention under Section 32 Or Section 34, the Local Officer or the Department of Public Works and Town and Country Planning may give approval as per the request, or reject, or give a written order to the sender of the intention to allocate the land or construct the building to amend the project intending to allocate the
land or construct the building to be in accordance with the criteria as approved by the Town Planning Board under Section 29 within twenty nine days from the date of receipt of the letter of intention. The owner or the possessor of the land who disagrees with the rejection or the order to make revision shall have the right to appeal in accordance with Section 70.
Section 36. When the Local Officer or the Department of Public Works and Town and Country Planning considers and sees that the allocation of the land and the category of the building to be constructed is in accordance with the criteria as approved by the Town Planning Board under Section 29, the Local Officer or the Department of Public Works and Town and Country Planning may require the sender of intention under Section 34 to enter into a contract promising to allocate or construct the building as agreed. In case that the contract is made with the person with the right to construct a building on the land of others’, approval must be obtained from the lawful owner and the possessor of the land. The contract to be made with the Local Officer or the Department of Public Works and Town and Country Planning shall contain in details a map of the building area and the building plan intended to be constructed.
The method for proposing the map under paragraph one shall be in accordance with the rules prescribed by the Ministry of Interior.
Section 37. The planning and designing of the Specific Town Plan must be in accordance with the contract under Section 36, and shall take into consideration the permission to construct a building within the period as prescribed in a Royal Decree on prescription of land areas to be surveyed for the planning and designing of the Specific Town Plan.
Section 38. In case the Local Officer plans and designs the Specific Town Plan as per Section 29, the Local Officer shall send the Specific Town Plan to the Department of Public Works and Town and Country Planning for consideration. If the Department of Public Works and Town and Country Planning disagrees with the Specific Town Plan and the Local Officer cannot amend the Specific Town Plan in accordance with the opinion of the Department of Public Works and Town and Country Planning, the Department of Public Works and Town and Country Planning shall present the matter to the Town Planning Board for making the final ruling.
Section 39. In case the Department of Public Works and Town and Country Planning plans and designs the Specific Town Plan as per the order of the Minister or the
request of the Local Officer under Section 29, the Specific Town Plan shall be sent to the Local Officer for consideration. If the Local Officer disagrees with the Specific Town Plan and the Department of Public Works and Town and Country Planning cannot amend the Specific Town Plan to be in accordance with the opinion of the Local Officer, the Department of Public Works and Town and Country Planning shall present to the matter to the Town Planning Board for making the final ruling.
Section 40. After the Town Planning Board agrees with the Specific Town Plan that the Local Officer or the Department of Public Works and Town and Country Planning has made, the Department of Public Works and Town and Country Planning shall present the Specific Town Plan to the Minister in order to further proceed with the enactment of an Act to enforce such Specific Town Plan.
CHAPTER VI ENFORCEMENT OF SPECIFIC TOWN PLAN
Section 41. For a Specific Town Plan to be used in any area, an act is to be enacted. Unless otherwise provided in the enforcement act, the said act shall not be in force for more than five years.
When the period of time under paragraph one ends, if the Local Officer or the Department of Public Works and Town and Country Planning sees appropriate to extend the enforcement of the act, an opinion shall be presented to the Town Planning Board for consideration to enact an act extending the period of enforcement of the Specific Town Plan. The act extending the period may prescribe an amendment on the Specific Town Plan to be suitable for the change of circumstance and environment.
Section 42. During the period of enforcement of the act for enforcing the Specific Town Plan in any area, if the Local Officer or the Department of Public Works and Town and Country Planning is of opinion that the circumstance and environment in the area of the Specific Town Plan has changed and that it is appropriate to amend the prescriptions or details of the Specific Town Plan as prescribed in the act enforcing the Specific Town Plan, the Local Officer or the Department of Public Works and Town and Country Planning shall present the amendment
of the Specific Town Plan to the Town Planning Board. If the Town Planning Board agrees with the amendment and such amendment does not change the prescriptions and details of the Specific Town Plan in relation to the expropriation of land or other immovable properties, or demolition or relocation of any building, and if it does not result in expropriation of land or other immovable properties or demolition or relocation of the building again, the Town Planning Board shall report to the Minister in order to issue a ministerial regulation on amendment of the Specific Town Plan.
Section 43. When the act on enforcement of the Specific Town Plan in a local area is published, land or other immovable properties owned or possessed by private parties and are prescribed in the act on enforcement of the Specific Town Plan to be expropriated if:
(1) it shall be used as a highway, it is deemed to be expropriated under the law on highways, and the provisions of that law shall apply to the expropriation mutatis mutandis except what is specifically provided in the act on enforcement of the Specific Town Plan;
(2) it shall be used for other benefits for the town planning, it is deemed to be expropriated under the law on expropriation of immovable properties, and the provisions of that law shall apply mutatis mutandis except what is specifically provided in the act on enforcement of the Specific Town Plan.
In both cases, the Director General of Department of Public Works and Town and Country Planning or a Provincial Governor as specified in the act on enforcement of the Specific Town Plan shall be the expropriation officer and the boundary of the land or other immovable properties to be expropriated as provided in the act on enforcement of the Specific Town Plan shall be the boundary of the land or other immovable properties to be expropriated.
In the case that the act on enforcement of the Specific Town Plan is in force for a period of five years from the date of enforcement of the Royal Decree on the boundaries of the land area to be surveyed under Section 14, the compensation to be paid to the owner or the possessor of the expropriated property under this Section, if the act on the enforcement of the Specific Town Plan does not otherwise provide compensation, the price of the expropriated properties shall be fixed fairly as it is on the day that the said Royal Decree came into force.
In case that the act on enforcement of the Specific Town Plan is enforced without announcement of the said Royal Decree or it is enforced after five years from the day the Royal Decree is enforced and the act on enforcement of the Specific Town Plan does not
otherwise provide compensation d, the price of expropriated properties shall be fixed fairly as it is on the day that the said act on enforcement of the Specific Town Plan came into force.
In case that the property expropriation is for improvement according to the Specific Town Plan, after the officer completed the improvement, if the officer wishes to rent or seek benefits from the immovable property, he or she may do so but the officer may not undertake any act resulting in transfer of ownership of that immovable property.
Transfer of ownership of the expropriated immovable property for such improvement can be done bythe enactment of an act.
Section 44. In case there is a need to possess the immovable property as having carried outunder Section 43(1), the implementation officer shall agree with the owner, the possessor, or the keeper of that property on the time to take possession.
In case there is a need to possess the immovable property as having carried out under Section 43(2) and the act on enforcement of the Specific Town Plan allows the implementation officer to possess the property before making payment or placing compensation according to the law on expropriation of immovable properties, the provision under paragraph one shall be used mutatis mutandis. However, there shall be setting of the date that the implementation officer or a person authorised by the implementation officer may possess the property by not less than thirty days from the day of the notification on the intention to possess the immovable property is made.
After the period of time under paragraph two or paragraph three has lapsed, the officer or a person authorised by the implementation officer shall have the power to possess that immovable property even though compensation has not been paid.
prescribe:
Section 45. The Minister shall have the power to issue a ministerial regulation to
(1) details for issuance of prescriptions under an act on enforcement of the Specific
Town Plan; and,
(2) criteria and practices to conform to the act on enforcement of the Specific
Town Plan.
The ministerial regulation shall come into force after its publication in the
Government Gazette;
Section 46. Any ordinance or municipal law issued under the law on construction control, the law on public health, the law on maintenance of cleanliness and orderliness of the country, the law on control of graveyard and cemetery, or any other laws related to the uitlisation of land or other immovable properties, which is in force at the local area where the act on enforcement of the Specific Town Plan is in force according to the ministerial regulation issued under Section 45, or is contrary to or in conflict with the ministerial regulation issued under Section 45, the ministerial regulation issued under Section 45 shall supersede.
Section 47. At any local area where the act on enforcement of the Specific Town Plan is in force but the Royal Decree on application of the construction control law has not been passed, it shall be deemed that the Royal Decree on application of the construction control law for the area of that Specific Town Plan has been announced including the area encircling one kilometre around the boundary of the Specific Town Plan.
In the area encircling one kilometre around the boundary of the Specific Town Plan, which is subject to the law on construction control under paragraph one, the Local Officer authorised to permit construction, alteration, addition, or repair to a building under the law on construction control shall present the principle on those matter to the local town planning board for consideration, and the Provincial Governor shall control performance of the Local Officer to comply with the principles set by the local town planning administration committee.
Section 48. At any local area subject to the act on enforcement of the Specific Town Plan, no person may utilise the land or alter the immovable property to be different from what is prescribed in the act on enforcement of the Specific Town Plan, or the ministerial regulation issued under Section 42 Or Section 43.
Section 49. In case the boundary of the Specific Town Plan includes areas of many local administration organisations, the Minister may issue a ministerial regulation allowing an officer of a local administration organisation to solely have the power to permit the construction, alteration, addition, or repair to the building. In this case, it is deemed that the officer of the local administration organisation has the power to permit alteration, addition, or repair to buildings throughout the area of that Specific Town Plan under the law on construction control.
CHAPTER VI
LOCAL TOWN PLANNING ADMINISTRATION COMMITTEE
Section 50. In a local area subject to the act on enforcement of the Specific Town Plan, there shall be a local town planning administration committee comprising of the following persons:
(1) in Bangkok Metropolitan Area, the Bangkok governor as chairperson, representatives from the Ministry of Public Health, the Treasury Department, Public Prosecutor Department, the National Housing Authority, the Industrial Estate Authority of Thailand, the Department of Public Works and Town and Country Planning, The Bangkok Land Officer, the Chief of Bangkok Town Planning Division, not more than four qualified persons in the field of town planning or other areas directly related to town planning, and not more than four representatives from institutions, independent organisations, and other persons related to town planning appointed by the Minister as members; and
(2) In other provinces, the Provincial Governor as chairperson, the provincial
public works and planning officer, the provincial revenue officer, the provincial chief physician, the provincial public prosecutor, the provincial land officer, not more than three qualified persons in the field of town planning or other areas directly related to town planning, and not more than three persons from institutions, independent organizations, and other persons related to town planning appointed by the Minister as members.
In case the implementation is to be undertaken in the area of municipality or sanitary district, the mayor or the chair of the committee of that local sanitary area shall also be a member, and in case the implementation is to be undertaken outside the area of municipality or sanitary district, the district chief of that area shall also be a member.
Members appointed from representatives of institutions, independent organisations, and other persons shall not be a civil servant or a local administrative officer who holds a permanent position or receives a permanent salary
The chair of the local town planning administration committee shall appoint a member or a person as secretary to the committee.
Section 51. The local town planning administration committee shall have the following powers:
(1) consider and order on matters related to allocation of private land to be used as Accessory Space under a Specific Town Plan;
(2) approve a grant of Accessory Space as public domain of state;
(3) consider and order matters related to demolition, relocation, or alteration of a building to be demolished, relocated, or altered per the Specific Town Plan;
(4) consider an appeal submitted to a local town planning administration committee; and
(5) Implement other matters according to authorities provided under this Act.
Section 52. A local town planning administration committee member appointed by the Minister shall hold office for a term of two years.
In case there is an appointment of a member of the local town planning administration committee whilst the members already appointed are still in office, whether such appointment is for addition or replacement, the appointee shall be in office for the remaining term of office of the already-appointed members of local town planning administration committee.
A member of town planning committee who vacates office may be reappointed
as member.
Section 53. The provisions in Section 10, Section 11, and Section 12 SHall apply to the local town planning administration committee mutatis mutandis.
CHAPTER VII
DEMOLITION, RELOCATION, OR ALTERATION OF BUILDINGS
Section 54. In case an act on enforcement of the Specific Town Plan prescribes that there shall be demolition, relocation, or alteration of buildings, an officer is to prepare details of the demolition, relocation, or alteration of the buildings for the consideration of a local town planning administration committee.
Section 55. The local town planning administration committee shall consider reasons and details showing the demolition, relocation, or alteration of buildings according to
the Specific Town Plan. It may also request an opinion from the Department of Public Works and Town and Country Planning, or order the officer to prepare the details again.
After the local town planning administration committee completes its consideration and gives any order, the officer shall send a letter to the owner or possessors of the related buildings to inform them of the order of the local town planning administration committee and compliance with the order not less than sixty days before the date of implementation. The officer shall also send details of relevant demolition, relocation, or alteration of the related buildings together with the letter. However, the owner or the possessor of the building who disagrees with the order of the local town planning administration committee shall have the right to appeal under Section 70.
Section 56. If the building to be demolished, relocated, or altered is public domain of state or property of state which is in possession or maintenance of any government agency, the Provincial Governor shall send a letter informing government agencies related to the public domain of state or property of state, and the agencies shall send a replying letter of g consent or objection to the local town planning administration committee. If there is any difference between the government agencies and the local town planning administration committee, the case shall be presented to the Town Planning Board for decision.
Section 57.9 In case a private person is the owner of a building who is informed of the demolition or relocation by a letter but fails to exercise the right of appeal under Section 70, or exercise the right of appeal but the appeal committee disagrees with the appeal, the owner must follow the order of the implementation officer or the ruling on the appeal within thirty days as from the day the owner knows about the order or the ruling on the appeal.
If the owner of the building fails to initiate the demolition or the relocation of the building, or has partly demolished or relocated the building but it is clear that the demolition or the relocation will not be completed within the required period in the order, the implementation officer may warn the building owner in writing. If the building owner continues fail to proceed as per the order within the period as required in the warning, which must not be less than fifteen days without an appropriate reason, the implementation officer may have the
9 Section 57 is amended by the Town Planning Act (No. 2) B.E. 2525.
power to enter into the land and demolish or relocate the building by charging any cost from the building owner. The cost may be deducted from the compensation as per Section 59, which shall be payable to the building owner. For the demolition or relocation, the implementation officer must do so economically and the expenses to be claimed from owner of the building must not be more than the compensation under Section 59.
After the expenses are calculated, the implementation officer shall send a letter to inform the building owner. The building owner who disagrees with the calculation shall have the right of appeal under Section 70.
Section 58. In case of a private owner or a building possessor who is informed of the alteration of the building but fails to initiate the alteration or has partly altered the building; however, it is clear that the alteration will not be completed within the required period in the order, the implementation officer may warn the building owner or the building possessor in writing. If the building owner or the building possessor continues failing to proceed with the order within the period as specified in the order, which must not be less than fifteen days, without an appropriate reason, the implementation officer shall report to the local town planning administration committee in order to issue a revocation order on the alteration, and then order the demolition or the relocation of the building. The provision under Section 57 shall apply, mutatis mutandis, to the issuance of an order of demolition or relocation of the building as well as the expenses to be charged from the owner or the possessor.
Section 59. When the local town planning administration committee orders the owner to demolish, relocate, or alter the building under Section 57 or Section 58, the implementation officer with the approval of the local town planning administration committee shall determine a fair compensation to be paid to a person as follows:
(1) if a building cannot be relocated, the compensation is to be paid to the owner of the building, which is being constructed on the day the act on enforcement of the Specific Town Plan is in force;
(2) if it is a building or a part of a building that can be demolished or relocated, the compensation is to be paid to the owner of the building whose building is being constructed on the day the act on enforcement of the Specific Town Plan is in force. However, the compensation shall be paid only for the demolition, transfer, and reconstruction costs.
(3) A leasee of a land or a building to be demolished or relocated which has a written lease agreement or has done in writing and registered with a competent official which is litigable and enforceable under the Civil and Commercial Code and the evidence was made before the act on enforcement of the Specific Town Plan came into force, or the document was made thereafter with permission from the Local Officer and such lease has not ended on the day the implementation officer orders the demolition or the relocation of the building The compensation for the lease shall cover only for the actual damage incurred to the leasee due to having to vacate the land or the building before the contract ends; and
(4) A person who has the right under Section 1349 or Section 1352 OF the Civil and Commercial Code and loses the right to use a path or the right to install a water pipe, a drainage, electric wires, or other similar items through the land which is subject to the demolition or relocation of the building whereby such person has already paid the compensation to enjoy this right to the owner of the land.
The implementation officer shall send a letter informing the person who is entitled to receive compensation of the compensation amount. If the person disagrees with the compensation amount, ho or she shall have the right of appeal under Section 70.
Section 60. The implementation officer is to arrange an appropriate temporary accommodation for the person under Section 59(1), (2), or (3) to stay for the necessary period but this must not be less than six months and not more than one year when such person cannot arrange his or her own accommodation. The calculation for the compensation under Section 59 may also consider the arrangement for the temporary accommodation.
In case the implementation officer sees appropriate, it is possible to extend the period of the accommodation for not more than six months.
Section 61. In case the implementation officer arranges land and/or a building for the person under Section 60 to stay at a new place by means of hire-purchase or lease, and such person voluntarily agrees to stay in the arranged land and/or the building, the implementation officer shall put aside the compensation payable under Section 59 to use for the hire-purchase or the lease. In case of hire-purchase, the amount set aside shall be as agreed by implementation officer and such person. In case of lease, the implementation officer shall put aside an amount for rent for one and a half years. The amount remains from the putting aside shall be paid to such person. In this regard, the implementation officer shall send a letter
informing such person of the amount set aside and the remaining amount. The person who disagrees shall have the right of appeal under Section 70.
In case the arrangement is made for a piece of land for the person to construct his or her own building, the implementation officer shall assist and facilitate the construction of the building on the arranged land.
Section 62. In case the local town planning administration committee orders the land to be used as Accessory Space, the implementation officer shall pay compensation, according to an amount determined by the local town planning administration committee, to the owner or the possessor of the land who loses certain rights related to the use of the land due to the land arrangement, or who has to bear a burden to comply or omit to comply with the prescriptions related to the arranged land.
In determining the compensation under paragraph one, the local town planning administration committee shall weigh the right of the owner or the possessor of the land to be lost or restricted, or a burden to comply or omit to comply with including the benefits that the owner or the possessor of the land may receive from using the Accessory Space. However, the determined compensation must not exceed the price of the land, and for the benefit of the calculation under this Section, the provision in Section 64 regarding the setting of price of the land fairly transferred shall apply mutatis mutandis.
The local town planning administration committee shall send a letter informing the determination of the compensation to the owner or the possessor of the land. The owner or the possessor of the land who disagrees shall have the right of appeal under Section 70.
Section 63. The land that is allocated to be an Accessory Space shall be exempted from the local development tax in the allocated part.
Section 64. For the owner of an Accessory Space who wishes to grant the Accessory Space to be public domain of state with compensation, if the local town planning administration committee considers that the Accessory Space is mainly used for the benefits of the public, the Accessory Space may be accepted as public domain of state and the implementation officer shall pay compensation to the owner according to the price prescribed in the act on enforcement of the Specific Town Plan. If the price is not prescribed, the compensation shall be set according to the price of the land transferred fairly on the day of
enforcement of the Royal Decree prescribing the land boundary to be surveyed regardless of whether the Royal Decree is still in force.
If the Royal Decree does not exist or the act on enforcement of the Specific Town Plan is enforced only after five years as from the day of enforcement of the Royal Decree, and the act on enforcement of the Specific Town Plan does not prescribe the compensation in any other form, the compensation shall be set according to the price of the land transferred fairly on the day of enforcement of the act on enforcement of the Specific Town Plan.
The provisions under paragraph one and paragraph two shall not be enforced in case where the grant occurring after five years from the day the act on enforcement of the Specific Town Plan is enforced. In this case, if the act on enforcement of the Specific Town Plan does not prescribe the compensation in any other form, the compensation shall be as mutually agreed between the parties which shall not be lower than a fair price of the land according to paragraph one or two as the case may be.
Section 65. For the calculation of the compensation under Section 64, if there is construction or arrangement to become an Accessory Space according to the design and the list approved by the Local Officer before the grant, the Local Officer shall pay compensation to the owner for the cost of the construction or the arrangement in addition to the compensation for the grant which should be paid on account of the grant except if the implementation officer is responsible for the cost. The additional compensation to be paid under this Section shall be considered by the local town planning administration committee as appropriate by taking into consideration the interest of the owner or the possessor, the public, conditions of the construction or the arrangement, or what was being constructed at the time the grant was made.
Section 66. In case the local town planning administration committee prescribes the amount of compensation which should be paid or the compensation has been paid to the owner or the possessor of the land as stipulated in Section 62, the prescribed compensation or the paid compensation shall be deducted from the compensation for the grant under Section 64.
Section 67. In arranging land to be an Accessory Space, if it is necessary to construct or make arrangement in order to comply with the design and list set by the Local
Officer and if the owner or the possessor of the land made a request, the implementation officer may construct or arrange accordingly if he or she sees it appropriate by charging any costs occurred to the owner or the possessor of the land.
In calculating the costs under paragraph one, if the construction or the arrangement by the implementation officer is merely for the benefit of the requesting owner or possessor of the land, all costs of the construction or the arrangement shall be charged to the owner or possessor of the land. However, for it is also includes the public interest, the implementation officer may be responsible for the cost totally or partially as he or she sees it appropriate, and the owner of the land is to cover the rest of the cost.
Section 68. In order to implement according to the Specific Town Plan in case that it is necessary to use the land of any person in the area not exceeding one kilometer from the boundary of the Specific Town Plan, the Planning Officer shall have the power to arrange the making or the installing of water pipes, drainage, , electric wires, or other similar items on, under, or above the land of that person if the land is not a location of a building, by sending a letter with a plan showing lines for using the land to inform the owner or possessor of the related land not less than thirty days before the implementation.
The implementation under paragraph one, the Planning Officer shall determine a fair compensation to be paid to the owner or possessor of the land for the use of the land and inform to the owner or possessor of the related land in writing without delay.
The owner or the possessor of the land who disagrees with the implementation under paragraph one or the determination of compensation under paragraph two shall have the right of appeal under Section 70.
Section 69. In general, the Local Officer of a local area subject to a Specific Town Plan shall be the implementation officer. However, the Minister by the recommendation of the Town Planning Board may appoint a state organisation or a state company, which has authorities or is being entrusted to have such authorities, to become the implementation officer of that locality.
CHAPTER IX APPEAL
Section 70. A person may have the right to appeal within thirty days from the day of receipt of the order or written notification in the following cases:
(1) setting of criteria, procedures, and conditions for the utilization of land under Section 27, paragraph two;
(2) rejection or instruction related to projects on allocation of land or construction of building under Section 35;
(3) order related to demolition, relocation, or alteration of building under Section 55;
(4) calculation of costs for demolition or relocation of building under Section 57, paragraph two or Section 58;
(5) setting of compensations under Section 59;
(6) putting aside of compensation under Section 61;
(7) setting of compensations under Section 62; and
(8) arrangement for making or installing water pipes, drainage, electric wires, or other similar items under Section 68 paragraph one and determination of compensation for the use of land under Section 68 paragraph two.
An appeal under (4) and (6) shall be submitted to the local town planning administration committee, and under (1), (2), (3), (5), (7), and (8) shall be submitted to the appellate committee.
After the local town planning administration committee or the appellate committee, as the case may be, render its ruling, if the appellant is not satisfied with the appellate judgment, the appellant shall have the right to lodge a lawsuit to the Administrative Court within one month from the day the appellant has known the ruling. In case the Administrative Court has not yet been established under the Constitution, the provision under this Section shall not apply.
Section 71. There shall be an appellate committee comprising the Minister as chairperson, Director General of the Public Prosecutor Department, a qualified person specalised in town planning, a qualified person specialised in law, and a qualified person
specialised in economics as members. The chairperson shall appoint one of the members or any person as secretary of the committee.
The Council of Ministers shall appoint qualified persons as appellate members, the qualified person may not be a member of the Town Planning Board nor a member in any subcommittee of the Town Planning Board at the same time.
Section 72. The appellate committee shall have the power to consider and decide on an appeal submitted to the appellate committee.
Section 73. The appellate committee shall have the power to appoint one or several sub-committees to execute any task under the power of the committee or to assist the committee in the execution of any matters as entrusted. However, this does not include the decision on appeal, and Section 11 and Section 12 SHall apply mutatis mutandis.
Section 74. The appellate committee appointed by the Council of Ministers shall hold office for a term of two years. A member who vacates the office upon the expiration of term may be reappointed.
In case there is an appointment of a member of the appellate committee whilst the members already appointed are still in office, the appointee shall be in office for the remaining term of office of the already-appointed members of the appellate committee.
Section 75. Section 10, Section 11, and Section 12 SHall apply to the appellate committee mutatis mutandis.
Section 76. The criteria and methods of submission of appeal, and procedures of considering an appeal shall be prescribed by a ministerial regulation.
Section 77. During the appeal period, no appellant, owner, possessor of land or building, person with possessory right over land of another person, Planning Officer, local town planning administration committee, Local Officer, or implementation officer, as the case may be, shall proceed or commit any act related to the case of the appeal.
CHAPTER X MISCELLANEOUS PROVISIONS
Section 78. In performing duties, the Local Officer, the Planning Officer, the implementation officer, and the local town planning administration committee shall have the power to issue a letter to summon on a person to explain or summit documents, evidences, or other items to be a part of the proceeding as necessary to carry out duties when considering the case.
Section 79. In performing duties, the Local Officer, the Planning Officer, the implementation officer, the local town planning administration committee, and an officer of the Local Officer, an officer of the Planning Officer, an officer of the implementation officer, or an officer of the local town planning administration committee shall have the power to enter into the land area or building located in the area subject to the enforcement of a ministerial regulation on enforcement of the General Town Plan or an area subject to the enforcement of an act on enforcement of the Specific Town Plan. This may be done during sunrise to sunset in order to enquire facts or request to examine documents, evidences, or relevant items from the owner, the possessor or the keeper of the land or building, to conduct any act as necessary, and shall try to prevent any damage. If any damage is caused by this act, the Local Officer, the Planning Officer, the implementation officer or the local town planning administration committee, as the case may be, shall determine compensation and pay the compensation to the injured person.
In case it is necessary to conduct a survey, the owner, the possessor, or the keeper of the land or building shall be informed not less than seven days in advance.
In performing duties, the Local Officer, the Planning Officer, the implementation officer, the local town planning administration committee, and the official of the Local Officer, the official of the Planning Officer, the official of the implementation officer, or the official of the local town planning administration committee shall present an identification card or a letter demonstrating his or her position to the person concerned.
Section 80. For the benefits of performance under this Act, the Local Officer, the Planning Officer, the implementation officer, the local town planning administration committee,
the official of the Local Officer, the official of the Planning Officer, the official of the implementation officer, or the official of the local town planning administration committee is an officer under the Penal Code.
Section 81. The officer entrusted by the implementation officer may have the power to enter into the land area or building in the area subject to the act on enforcement of the Specific Town Plan to inspect, repair, maintain, or clean water pipes, drainage, electric wires, or other similar items, or to inspect the state of the Open Space during sunrise to sunset.
In performing duties, the officer under paragraph one shall present to persons concerned an identification card or a letter demonstrating his or her position together with a entrusting letter from the implementation officer who assigning him or her to perform the duties.
Section 82. In performing duties of the Local Officer, the Planning Officer, the local town planning administration committee, and the officer of the Local Officer, the officer of the Planning Officer, the officer of the implementation officer, or the officer of the local town planning administration committee under this Act, the owner, the possessor, or the keeper of the land or building must facilitate these officers as appropriate.
CHAPTER XI PENALTIES
Section 83. Any person who violates or fails to conform to Section 27 or Section 48 commits an offence and shall be liable to imprisonment of a term of not exceeding six months or to a fine not exceeding ten thousand baht, or to both.
When the Local Officer requests, the court may order the offender to rectify the condition of the altered immovable property to be in accordance with what is required in the General Town Plan or in the Specific Town Plan within the specified period, or the court may empower the Local Officer to manage the matter in order to rectify it to be in accordance with the General Town Plan or the Specific Town Plan, and charge any expenses from the owner or the possessor of the immovable property for the actual expenses.
Section 84. Any person who:
(1) fails to explain or submit documents, evidences, or relevant items as per the requesting letter of the Local Officer, the Planning Officer, or the local town planning administration committee under Section 78, or refuses to explain or explain by using false statements;
(2) obstructs or fails to facilitate the Local Officer, the Planning Officer, the implementation officer, the local town planning administration committee, and the official of the Local Officer, the official of the Planning Officer, the official of the implementation officer, or the official of the local town planning administration committee during the exercise of power under Section 15 or Section 82; or
(3) contravenes the order of demolition or relocation of building, or appellate ruling under Section 57
commits an offence and shall be liable to imprisonment for a term of not exceeding one month or to a fine not exceeding three thousand baht, or to both.
Countersigned by Sanya Dhamasakti
Prime Minister