Legal Update: Formalities and Procedures for the Issuance of Construction Permit
Issue: No. 037P/22-27 January 2022
On 20 January 2022, the Ministry of Land Management, Urban Planning and Construction (“MLMUPC”) has issued a Prakas No.013 DNS/Br.K/Ni.K on formalities and procedures for the issuance of construction permit, which composes of 7 chapters and 21 articles (“Prakas”).
The Prakas aims to determine the formalities and procedures for issuing and renewing construction permits to execute Sub-Degree No. 224 HNK.BK dated 30 December 2020 on the construction permit. This Prakas applies to construction or work under the jurisdiction of the MLMUPC to issue a construction permit. In addition, this Prakas also covers the formalities and procedures of issuance construction permits for real property development projects.
The construction permit can be applied by both individuals or legal entities and renewed only once. The review and decision period for a construction permit application is fixed at 45 working days. This period shall count from the day that all required documents for the construction permit application have been accepted and issued the receipt from One Window Service (“OWS”) at the MLMUPC. The OWS will transfer the application documents relevant departments of MLMUC, including the General Department of Construction and General Department of Cadastre and Geography. The General Department of Administration of MLMUPC is in charge to seal on construction permit and permitted design and deliver to the construction owner or construction owner’s representative though the OWS and also send to General Department of Construction for the record.
During the process of application review, MLMUPC may assign, if deem necessary, its officer to do the on-site investigation of construction design by which a report of such investigation may be done within 3 days after this on-site investigation.
If the construction permit was issued and provided to the construction owner before this Prakas promulgated, such construction permits shall have effective until the expiration of that construction permit.
Any person who has an interest in result of the decision of Minister of MLMUPC regarding issuing of the construction permit may file a complaint to the MLMUPC or to the court in accordance with existing law and regulations.
If 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 article is merely for general information purposes. It does not constitute legal advice on the subject matter.
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