1. Concepts of the Condominium Act, Hotel Act, Building Construction Laws, and Environmental Laws

Condominium Act:

• Focuses on protecting consumer who purchase condominium units for residential purposes.

• Controls advertising for the sale of condominium units.

• Separates common areas for residential and commercial condominium units.

• Requires co-owners to pay for common area expenses in proportion to their ownership ratio.

• The juristic person of the condominium has the duty to manage and maintain the common areas.

• The provision of benefits in the common areas must be approved by a resolution of the general meeting of co-owners.

Hotel Act:

• Hotel operators must obtain a license.

• Must submit a construction permit specifying the hotel purpose and number of hotel rooms.

• Condominium buildings can apply to operate a hotel business.

• Problem: The Land Department may interpret this as being contrary to the Condominium Act.

Building Construction Laws:

• Focus on the safety of building users.

• Large buildings must apply for a construction permit according to the conditions of the Building Control Act and ministerial regulations.

• Developers must strictly comply with the laws.

Environmental Law:

• Controls safety, air, water, noise, and other environmental pollution.

• Mixed-use projects must/may undergo an environmental impact assessment (EIA).

• Developers must comply with environmental standards and monitoring report of EIA.

2. Legal Issues

• Each law is separate and there is no integration.

• Some laws are outdated and not in line with business development and cost of living.

• There are legal loopholes leading to inconsistent interpretations.

• The permit application process is complicated and time-consuming.

• High project development costs.

3. Solutions

• Enact a specific law for mixed-use projects.

• Integrate related laws into a system.

• Update the law to be modern and in line with social changes.

• Set clear guidelines to reduce legal loopholes.

• Develop a convenient and fast permit application system.

• Support the development of sustainable and environmentally friendly projects.

4. Conclusion

The laws related to mixed-use projects still have many limitations. Amendments are needed to develop projects efficiently and sustainably.

Thundthornthep Yamoutai

“LAS” Legal Advance Solution

[email protected]