Thailand Law Library

by Thailand Lawyer

His Majesty King Bhumibol Adulyadej is graciously pleased to proclaim that:

Whereas it is expedient to have the law on land development;

Whereas it is aware that this Act contains certain provisions in relation to the restriction of rights and liberties of persons, in respect of which section 29 in conjunction with section 48 and section 50 of the Constitution of the Kingdom of Thailand so permit by virtue of the provisions of law;

Be it, therefore, enacted by the King, with the advice and consent of the National Assembly, as follows:

This Act is called the “Land Development Act, B.E. 2543 (2000)”.

This Act shall come into force after sixty days as from the date of its publication in the Government Gazette.

There shall be repealed the Announcement of the National Executive Council No. 286, dated 24th November B.E. 2515 (1972).

In this Act:

• “land development” means the sale of land divided into sub-lots from one main lot of land or from several lots of adjoining land, in return for property or benefit as remuneration, provided that at least ten sub-lots are sold altogether, and shall include such procedure wherein the division of land is made into less than ten sub-lots but the subsequent division of land is additionally made within three years which results in the combined land being at least ten lots in number;
• “right in the land” means the ownership and shall include the possessory right;
• “license” means the land development license;
• “land developer” means the person to whom a land development license is granted and shall also include the transferee of the license;
• “purchaser of the developed land” means the person entering into a contract with the land developer for the purpose of acquiring the developed land and shall also include the subsequent transferee of the rights in the land;
• “public service” means the provision, in a land development project, of services or facilities as specified in the project for which the application for land development under section 23(4) is submitted;
• “Commission” means the Bangkok Land Development Commission and the Provincial Land Development Commission;
• “competent official” means the land official performing the registration of rights and juristic acts in accordance with the Land Code;
• “Minister” means the Minister having charge and control of the execution of this Act.

This Act shall not apply to:

1. the land development by a Government agency, State agency, State enterprise, local government organization or other State authority having powers and duties to carry out the land development under the law;
2. the land development permitted under other laws.

The Minister of Interior shall have charge and control of the execution of this Act and shall have the power to issue Ministerial Regulations prescribing fees not exceeding the rates annexed hereto and prescribing other activities in the execution of this Act.

Such Ministerial Regulations shall come into force upon their publication in the Government Gazette.