Thailand Law Library

by Thailand Lawyer

Chapter II: Application for Land Development

No person shall carry out land development unless upon permission by the Commission.

The application for permission and the issuance of a license shall be in accordance with the rules, procedures and conditions prescribed in the Ministerial Regulation.

When any person applies for the division of land into at least ten sub-lots upwards and fails to satisfy that such division is not for the purpose of land development, the competent official shall notify the applicant to submit an application for land development and defer the division of the land. If the applicant disagrees therewith, the applicant shall have the right to appeal to the Commission within thirty days as from the date the notification is received.

The Commission shall give a decision on the appeal within forty-five days as from the date the Commission receives the appeal. If the Commission fails to give a decision within such period of time, the competent official shall proceed with the division of such land.

When the Commission has given a decision on the appeal, the decision shall be notified in writing to the appellant within seven days as from the date of the Commission’s decision. The decision of the Commission shall be final.

Any person who intends to carry out land development shall submit an application to the Changwad Land Official or Branch Changwad Land Official of the locality in which the land is situated, together with the following supporting documents and particulars:

1. the land title deed or the certificate of land exploitation bearing the name of the applicant for the land development as the holder of rights in the land, provided that such land must be free from any preferential right other than the preferential right on account of a sale of an immovable property;
2. in the case where the land to which the application for the land development relates is subject to the preferential right on account of a sale of an immovable property or is encumbered with a mortgage, there shall be produced the memorandum of the preferential right holder’s or the mortgagee’s consent to the land development specifying the amount of money which the preferential right holder or the mortgagee will receive as payment out of each sub-lot of land; in this instance, there shall also be specified that the land which is to be used for public facilities or for public services shall not be subject to such preferential right or mortgage;
3. the map displaying the number of the sub-lots of land intended to be developed and the approximate space of each sub-lot;
4. the project for the improvement of the land intended to be developed, the provision of public facilities and public services, including other improvement suitable to local surroundings; for these purposes, there shall be displayed a map, details and particulars of the construction, an estimate of the construction expenses, and the time within which the construction is to be completed. In the case where the improvement of the land intended to be developed has been carried out or where the public facilities or public services have been erected, whether wholly or partly, prior to the application for the land development, the map, details and particulars of the construction already carried out shall also be displayed;
5. the plan, project and duration for which public facilities are to be maintained;
6. the procedure for a sale of the developed land and payment of prices or remuneration;
7. encumbrances in which other persons are interested in relation to the land intended to be developed;
8. the form of an agreement to sell the developed land;
9. the place of business of the applicant for a land development license;
10. the name of the bank or financial institution designated by the Central Land Development Commission, which will be the guarantor for the provision of public facilities or public services or the improvement of the land and the guarantor for the maintenance of public facilities and public services.

In the case where the Commission deems it appropriate to permit any person to carry out land development and such person has not yet provided public facilities or public services or carried out the land improvement or has not yet accomplished the same in accordance with the map and project, the Commission shall require the applicant for a land development license to request a bank or a financial institution designated by the Central Land Development Commission to conclude a guarantee with the Commission to the effect that if the applicant for a land development license fails to accomplish the provision of public facilities or public services or the land improvement in accordance with the approved map, project and time, or there is a reasonable cause to believe that it cannot be accomplished within the approved time, then, the bank or the financial institution which provides the guarantee shall pay the Commission such amount of money as specified by the Commission in the guarantee within the time fixed by the Commission in order for the Commission to expend such money on the provision of public facilities or public services or the land improvement in accordance with the approved map and projects. The residue sum, if any, shall be returned to the guarantor without delay.

The Commission may, in lieu of requiring the guarantor to make payment, request the guarantor to carry out the provision of public facilities or public services or the land improvement and cause it to be completed within the time specified by the Commission. If the guarantor fails to commence the act within the reasonable time or fails to complete it within the specified time, the Commission has the power to demand the guarantor to make the payment under paragraph one.

In the case where the Commission requires the applicant for a land development license to request the bank or financial institution to conclude a guarantee under paragraph one, the Commission shall also require the applicant to give the Commission a written covenant that if the amount under the guarantee given by the guarantor is not sufficient for the act under paragraph one or if the guarantor fails to make payment under the guarantee wholly or partly, the applicant shall pay the difference to the Commission for the purpose of completing the act.

In the case of a breach of a contract made with the Commission, the Chairman of the Commission shall have the power to institute an action and carry out legal proceedings on behalf of the Commission.

The retention, remittance and disbursement of money shall be in accordance with the Rules prescribed by the Central Land Development Commission.

The Commission shall complete the consideration of the map, project and procedure for the land development within forty-five days as from the date the Changwad Land Official or the Branch Changwad Land Official receives the application. If the Commission fails to complete its consideration within such time without due reason, it shall be deemed that the Commission has given approval to the map, project or procedure.

The consideration of the map, project or procedure for the land development under paragraph one shall be in accordance with the process, rules and procedure prescribed by the Central Land Development Commission.

In the case where the Commission does not approve, or issues an order refusing, the application for the land development, the applicant for a land development license has the right to appeal to the Central Land Development Commission within thirty days as from the date the order is known. The Central Land Development Commission shall give a decision on the appeal within sixty days as from the date of the receipt thereof. If the Central Land Development Commission fails to give a decision within such time, it shall be deemed that the appellant has been given approval or permission to carry out the land development.

The decision of the Central Land Development Commission shall be final.