NEWSLETTER No 160 – JANUARY 2018

First of all of course may we all here at Ko Samui Properties wish you a very Happy New Year.

There are basically three sets of regulations which apply to development on Koh Samui. They are the City Planning Ministerial Regulation BE 2549 (2006) which relates to zoning, the Beach Land Regulations according to the Building Control Act and the more recent Environmental Regulations 2014 which put further restrictions on what can be built at certain heights above sea level.

 

 

The Zoning of Samui is shown in the above image. The large green area which covers most of the island is designated as rural and agricultural areas but does allow use for residences and tourism. Other uses are permitted subject to restrictions on height and density. A building in this area will have a Construction Permit showing the land designation as 6.3. The pale areas are in Zone 1 which is primarily low density residential and tourism and restrictions apply as to height and density. Zone 1 includes the Beach Land Regulations which state that land 10m from the coast must not be used (specific exceptions exist).and on land that is within 50m from the coast, no building should exceed 6m in height. And its total area must not exceed 75sqm, and the surrounding space must be at least 75 % of the whole (specific exceptions exist). Red areas are for high density residential use and there are specific areas designated for industrial use, government office, etc.

Send me an email if you would like a bigger version of this image.

The other Regulations that more recently added to the restriction on development was the Environmental Regulations 2014. These applied to Koh Samui, Koh Phangan and Koh Tao as well of all the surrounding islands. Seven Zones in all. 

Zone 1 relates to offshore activities such as drilling; Zone 2 refers to all land in Koh  Samui, Koh Tan and Koh  Phangan that is less than 80 metres from sea level; Zone 3 is divided into 3 sub-zones

 Zone 3.1: Land that is 80-140 metres above sea level in Koh Samui and Koh Phangan

Zone 3.2: Land that is greater than 140 metres above sea level in Koh Samui and Koh Phangan

Zone 3.3: Land that is 80 metres above sea level in Koh Tan

Zones 4-7 refer to the other offshore islands.

In Zone 2 the future construction of airports and golf courses is prohibited as is future construction of water-dams. Construction of hotels is  permitted, provided that 50%  of the  land is  left vacant and  “green and the construction  of  a   residential   project  consisting  of  ten   (10)   or   more residential  units  must  include  approved water  and   waste  treatment facilities.

In Zone 3.1 and 3.3, construction of residential units is limited to a single house, which cannot exceed 6 metres in height;

Must leave 50% of the land vacant and “green”; must include an approved water-drainage system to prevent flooding;

Must have an architectural design based on traditional Thai, tropical or local aesthetics; Must have a roof consisting of 80% of the  total building area, and  the  roof colour  must match the  natural surroundings; Furthermore, the  area of the  land must be 100 square wah  or greater, otherwise construction is prohibited.

 In Zone 3.2, constructions of residential units are limited to a single house, which cannot exceed 6 metres in height;    Cannot exceed 90 m2 in area; Must leave 50% of the land vacant and “green”;  Must include an approved water-drainage system to prevent flooding; Must have an architectural design based on traditional Thai, tropical or local aesthetics; Must have a roof consisting of 80% of the  total building area, and  the  roof colour  must match the  natural surroundings; Furthermore, the  area of the  land must be 100 square wah  or greater, otherwise construction is prohibited.

There are further restrictions on hotels and land having a slope between 35 and 50 degrees and nothing can be built on land with a slope exceeding 50 degrees.

The only way to be sure of the height of land above sea level is to check with the Land Office or Tessaban as they have maps showing all areas. Despite this no-one (even in the Land Office) has been able to tell me the point from which sea level is measured. You can get a rough idea using the Elevation Profile feature of Google Earth. Not definitive but gives a good indication of being below 80m or between 80 and 140 m or above 140m.

If you would like a full copy of any or all of these regulations, please send me an email  to hbonning@kosamuiproperties.com .