Section Code: 0043 - 0044

The Land Development Act,
B.E. 2543 (2000)

Chapter IV: Maintenance of Public Facilities and Public Services

Service 43

Public facilities provided by the land developer for the purpose of the land development in accordance with the approved map and project, such as the road, park or children playground, shall be subject to the servitude in the interest of the developed land. In this connection, the land developer shall have the duty to maintain such public facilities to be in the original condition and shall refrain from doing any act which tends to diminish the utility of the servitude or to make it less convenient.

The land developer shall request a bank or a financial institution to conclude a guarantee with the Commission with regard to the maintenance of public facilities which have been provided by the land developer and remain within the responsibility of the land developer to maintain under the paragraph one, and section 24 shall apply mutatis mutandis.

Section 44

The land developer shall be discharged from the duty to maintain the public facilities under section 43 when any of the following acts has, in order, been carried out at the expiration of the duration for which the land developer shall assume the responsibility to maintain the public facilities under section 23 (5) viz:

  1. the purchasers of the developed land have established a developed estate juristic entity under this Act or a juristic person under other law for the purpose of taking the transfer of such property for its operation and maintenance within the time specified by the land developer, which shall not be less than one hundred eighty days as from the date of the receipt of the notification by the land developer;
  2. the land developer has obtained an approval from the Commission to carry out any particular act for the purpose of maintaining the public facilities;
  3. the land developer has registered the transfer of such property to be the property for public use.

The acts under (1) and (2) shall be in accordance with the Rule prescribed by the Central Land Development Commission, provided that such Rule shall also hold the land developer liable for part of the public facilities maintenance expenses.