Phuket hillside law change enacted earlier than expected

EXCLUSIVE: A Phuket environmental regulation change affecting construction on hillsides has gone into effect two months earlier than expected, sending environmental consultants into a tizzy.

The changes to Specification of Environment Protection Areas and Measurements in Phuket B.E. 2553, which were explained in an article in the July issue of Property Report South East Asia, were expected to be enacted on September 30. But lawyer Kammalard Urapeepatanapong of Baker & McKenzie says the law was published in the Government Gazette July 30 and came into effect July 31.

The law applies more stringent restrictions to building on hillsides, enforcing a height limit and increasing the amount of green space per plot of land. Many currently existing hillside villa developments in Phuket would not be allowed under the new rules.

Environmental consultants are now having to re-write proposals that they might have tried to submit before the law change was expected to happen.

Under the old rules no structure could be built on gradients, or slopes, more than 35 per cent. The changes increase that to 50 per cent – but with more stringent regulations.

Firstly, new height limits are imposed on structures – for areas on hillsides with gradients from zero to 20 per cent the limit is eight metres, for hillsides with gradients of 20 to 50 per cent the limit is six metres.

Secondly, increased open space requirements have been implemented. Buildings in an area with a gradient of between 20 and 35 per cent has an open space requirement of at least 70 per cent of the total property. For buildings in an area with a gradient of more than 35 per cent, the open space requirement is at least 75 per cent of the property. At least 50 per cent of the open space area is also required to be “green area”.

Finally, buildings in a 20 to 35 per cent gradient cannot be built larger than 90 square metres and the area of the land must be at least 100 square wa. Buildings in a 35 to 50 per cent gradient area cannot exceed 80 square metres in size and the area of the land must be at least 120 wa.

By bperry
From : Property Report : August 2, 2010