Educational Information Only
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Construction Without Permit in Thailand
Constructing, modifying, or demolishing a building without obtaining the required permit from local authorities.
Building Control Act Section 21, 65-67
Fine up to THB 60,000; imprisonment up to 3 months; mandatory demolition order
moderate
Definition
Constructing, modifying, or demolishing a building without obtaining the required permit from local authorities. Under Thai law, this offence is classified as a moderate offence within the category of Building Violation.
Legal Basis
Building Control Act Section 21, 65-67
Primary legislative provision for construction without permit offences.
Elements of the Offence
For a conviction, the prosecution must prove all of the following elements beyond reasonable doubt:
Construction, modification, or demolition
Of a building or structure
Without valid building permit
In area where permits required
Penalties
Maximum Penalty
Fine up to THB 60,000; imprisonment up to 3 months; mandatory demolition order
Actual sentences depend on factors including the severity of the conduct, harm caused, prior convictions, and mitigating circumstances. Courts have discretion to impose lesser sentences within the statutory range.
Possible Defences
The following defences may be available depending on the circumstances:
Minor repairs not requiring permit
Emergency repairs for safety
Permit application pending (limited)
Note: The availability of defences depends on specific facts. Professional legal advice is essential.
For Foreigners
Special Considerations for Foreign Nationals
Foreign developers face same penalties. May affect future permit applications. Demolition order applies regardless of investment.
When Legal Representation Matters
If you are accused of construction without permit or facing investigation, immediate legal representation is essential to protect your rights and build an effective defence.
Anglo Siam Legal provides experienced legal services across Thailand for both Thai nationals and foreigners.
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