A Draft Ministerial Regulation on Application Forms for Permission, Permits, Certificates, Orders and Other Related Forms (the “First Draft Ministerial Regulation”) and a Draft Ministerial Regulation on Rules, Procedures and Conditions in regard to Granting of Permits, Permission, Renewal of Permits, Transferring of Permits, Issuing of Certificates and Replacement of Certificates (the “Second Draft Ministerial Regulation”), enacted by virtue of the Building Control Act B.E. .… (the “Draft Ministerial Regulations”), had been proposed by the Ministry of Interior and was approved by the Cabinet on 12 November 2020.
Summary of these 2 Draft Ministerial Regulations are as follows:
- The first Draft Ministerial Regulation is aimed to set application forms and permit forms (i.e. construction permit, modification permit, demolition permit, relocation permit, change of occupancy permit, amendment of permit of layout plan, construction plan and its related documents) including their renewal of permit, substitute permit or substitute certificate, certificate and transferring of permit.
- The second Draft Ministerial Regulation is aimed to set rules, procedures and conditions for an applicant, a permit holder or a relevant officer to follow such rules, procedures, and conditions, which are as follows:
- A person, who would like to be granted a construction permit, modification permit, demolition permit or relocation permit (the “applicant”), shall submit Kor. 1 Form to a local officer together with its related documents.
- After receiving the application form, a responsible officer will review the application, including its information, documents and evidence. If it is a corrected and completed one, the officer will issue a receipt of such application to the applicant and will send the said application to the local officer for further proceedings. If it is incorrect or lacking of any information, documents or evidence, the officer will notify the applicant immediately.
- When the local officer has received the application, he or she will examine an area plan, a building plan, an element list of the building plan and a calculation list (if any). In case that those are correct and in accordance with the Draft Ministerial Regulations, the local ordinances or the announcements of the Minister of Interior issued under the Building Control Act B.E. 2522, the local officer will issue a permit following Aor. 1 Form to the applicant.
- A holder owning construction permit, modification permit or relocation permit of the usage control building (i.e. buildings used as a warehouse, hotel, condominium or hospital and buildings used for commercial, industrial, educational, public health businesses or other businesses) who has completed the construction, modification or relocation of such building, the owner or the occupier of the building shall submit a request for a certificate of such construction, modification or relocation of the usage control building to the local officer. After receiving such request and the local officer finds that those are correct and in accordance with the permits, the local officer will then issue a certification following Aor. 5 Form to the applicant. In regard to this matter, the owner or the occupier, who would like to change the usage of the building, shall submit Kor. 2 Form to the local officer with its related documents.
- Any permit holder, who would like to renew the construction permit, modification permit or relocation permit, shall submit Kor. 4 Form to a local officer together with its related documents before its experiment.
- In case that a permit of the certificate is lost, destroyed or materially damaged, a permit holder or a certificate holder shall submit Kor. 5 Form for a substitute permit or certificate to a local officer together with its related documents issued in the Kor. 5 Form within 15 days from the date of acknowledgement of such loss, destruction or damage.
- Any permit holder, who would like to amend an area plan, a building plan and an element list of the building plan deviating from the permission, shall submit Kor. 6 Form to a local officer together with its related documents.
- Any permit holder, who would like to transfer the construction permit, modification permit, relocation permit, change of building usage permit to another person, shall submit Kor. 7 Form to a local officer together with its related documents.