Thailand Law Library

by Thailand Lawyer

Chapter IV: Maintenance of Public Facilities and Public Services

The fee for the maintenance and management of public facilities shall be levied on a monthly basis from every sub-lot of land under the project. For this purpose, different rates of fee may be fixed by reference to the type of use of land or the space, in accordance with the Rule prescribed by the Central Land Development Commission.

The purchaser of the developed land shall be liable to pay the fee for the maintenance and management of public facilities in respect of the developed land bought, and the land developer shall be liable to pay the fee incurred in the maintenance and management of public facilities in respect of the sub-lots not yet bought.

The prescription and variation of the rate of fee for the maintenance and management of public facilities shall be approved by a resolution of the general meeting of members under section 44 (1) or the Commission under section 44 (2).

The levy of the fee for the maintenance and management of public facilities shall commence upon the establishment of the juristic entity and juristic person under section 44 (1) or upon obtaining the approval from the Commission under section 44 (2). For this purpose, the juristic entity or juristic person under section 44 (1) or the person carrying out the maintenance of public facilities as approved by the Commission under section 44(2). that has the duty in connection with the maintenance and management of public facilities shall have the power to to levy it.

The rules and procedure for the levy of the fee for the maintenance and management of public facilities and the bookkeeping shall be in accordance with the Rules prescribed by the Central Land Development Commission.

The person liable to pay the fee for the maintenance and management of public facilities under section 49 paragraph two who makes such payment later than the specified time shall be liable to a fine for the late payment at the rate prescribed by the Commission.

The person who fails to pay the fee for the maintenance and management of public facilities for three consecutive months upwards may have the service or the exercise of right in the public facilities suspended, and in the case of failure to make payment for six consecutive months upwards, the competent official has the power to suspend the registration of rights and juristic acts in respect of the developed land of the person whose payment is in arrears until full payment is made in accordance with the rules and procedures prescribed by the Commission.

It shall be deemed that the obligation arising from the fee for the maintenance and management of public facilities is the obligation which is subject to the preferential right on account of the preservation of an immovable property over the developed land of the person whose payment is in arrears.

The registration of rights and juristic acts in connection with the transfer of the property used for public facilities and public services to the juristic entity or juristic person under section 44 (1) shall be exempted from fees, taxes and duties.

The money which the juristic entity or juristic person under section 44 (1) receives from the land developer or purchasers of the developed land for the purpose of expending on the maintenance and management of public facilities shall be exempted from taxes and duties.

The exemption from taxes and duties under paragraph one and paragraph two shall be made by the Royal Decree under the Revenue Code which may also prescribe rules, procedures and conditions.

In the case where the land developer does any act which tends to diminish the utility of the servitude under section 43 or make it less convenient, or does any particular act in derogation from the map, project or procedure for the land development as approved by the Commission, the Commission, sub-committee or the person entrusted by the Commission shall have the power to order the land developer to refrain from such act and maintain the public facilities to be in the original condition or to carry out the act in accordance with the map, project or procedure for the land development as approved by the Commission within the specified time.

The provisions of section 50 shall apply mutatis mutandis to the provision and maintenance of public services, provided that the charge for the use, and the charge for the maintenance, of public services may be levied at the rates approved by the Commission.