Legal and Tax Updates

Legal Update: Procedures for Inspection and Certification of Architectural and Construction Structural Design

Issue: No. 035P/21 – 15 December 2021

On 22 November 2021, the Ministry of Land Management, Urban Planning and Construction (“MLMUPC”) has issued a Prakas No. 109 DNS/Br.K/Ni.K on the Procedures for the Inspection and Certification of Architectural and Construction Structural Design, which consisted of 8 Chapters and 24 Articles (“Prakas”).

The Prakas determines the procedures for inspection and certification of project design and aims to execute Sub-Decree No. 225 HNKr.BK dated 30 December 2020 on the Conditions and Procedures for Inspection and Certification of Constructions. This Prakas applies to (1) inspection and certification of project designs executed by the designated team of MLMUPC; (2) inspection and certification of project designs executed by companies or technical professionals who own valid construction inspection and certification licenses.

The inspection and certification of architectural and construction structural design shall be made for new construction, repairing, modification, dismantling and changing the using of construction function.

Inspection and certification of project designs has been divided into two types as follow:

  • All construction types in which construction approval to be approved by the Minister of
  • All construction types in which construction approval to be approved by the Governor of the Municipal and Provinces.

The inspection and certification are made for two types of project designs: (1) architectural design; and (2) construction structural design. The required documents for the construction owner and the construction inspector are as follows:

The Construction Owner The Construction Inspector
1.       Service Agreement 1.       Service Agreement
2.       Architectural design 2.       Letter of Delivery-Receive of Technical Documents for Project Inspection and Certification
3.       Technical instruction in hard copy and digital platform 3.       Certificate of Compliance
4.       A calculating report in hard copy, digital platform, and electronic platform (for construction structural design only) 4.       Notification from the construction inspector (if mistake or error)
  5.       Report on Inspection and Certification of Architectural Design (or construction structural design report) (5 copies)

For conciliation, the construction owner or project designer may file a complaint to the Dispute Settlement Committee for Construction prior proceeding case to the court.

Should you have any questions or need any assistance concerning the above matters, please feel free to contact us at contact@sithisak-lawoffice.com or (+855) 23 6373 168.

Disclaimer: The aforesaid article is merely for general information purposes. It does not constitute legal advice on the subject matter.

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