The Cabinet last month approved a rezoning proposal by the Ministry of Natural Resources and Environment (MNRE), which now allows development in ‘Zone 6’ of Phuket up to 140m above sea level.
‘Zone 6’ covers all areas across the island except coastal areas, the protected hills of the Nakkerd Range and densely populated areas such as Phuket Town. The rest of the island is now open to construction above 80m above sea level, but below 140m, with some further restrictions.
The Cabinet resolution was published in the Government Gazette, on Dec 13 (Volume 141, Special Section 342), and came into effect on Dec 14, 2024.
“The lifting of this restriction will have an immediate effect on projects that have undeveloped land located above 80m,” Natthakrit Phonphet, Deputy Director of the MNRE Phuket office, told The Phuket News.
“The announcement replaces the one from 2017, which expired, so [the provisions] needed to be drafted and amended to be appropriately adapted to the present,” he explained.
The lifting of the 80m limit follows years of public hearings along with discussions with the private sector, and landowners, Mr Natthakrit noted.
“Especially those who hold land title deeds that are on high ground, where they previously could not build,” he said.
According to Rakkiat Deetphin, a police specialist at DPT Phuket, the main rationale behind allowing construction above 80m was “fairness”.
“There are thousands of people who own plots in areas affected by the new provisions. These individuals pay taxes on their land, but while the law prohibited any construction they said their rights were being violated. They could own the land, but the state did not allow them to build on or use it,” he said.
“Compare Phuket to other provinces that do not have elevation restrictions on construction. Other than Phuket, only Koh Samui has a limit of no construction above 120m above sea level,” he added.
THE RULES
The new provisions include some restrictions, Mr Natthakrit noted.
For construction to be allowed, the title deed for the land must be issued before 2017, and only single structures may be built.
“The building must not exceed six metres in height and the building cannot cover more than 90 square metres of ground. Most importantly, 70% of the land plot must be left open [as a green space],” Mr Natthakrit also explained.
“It is not possible to cover the plot with construction; 70% of the open area must be planted with trees. At least half of it cannot be covered with concrete,” he added.
Even if all the basic requirements are met, not all areas will be approved for construction if it poses a risk of flood or landslide, Mr Natthakrit assured,
“Not everyone can build,” he said.
“Any construction must have an impact assessment by the Phuket Provincial Office of the Department of Public Works and Town & Country Planning (DPT Phuket), whether the issue is about landslides or green space in the city,” Mr Natthakrit continued.
“The law clearly states that the construction must be a single building with a covered area not exceeding 90sqm and an empty space for green space. Also it must be a single structure. Buildings cannot be built next to each other, or as villas or resorts that are not single houses or single buildings. Those are prohibited,” Mr Natthakrit emphasised.
MARKET IMPACT
The value of properties above 80m is expected to rise significantly as they become eligible for new development opportunities, said Maetapong Upatising, President of the Phuket Real Estate Association (P-REA).
The market price has already been affected by the announcement. In Patong, land values are already reaching up to B150-200 million, while slightly out of town, values range from B6-8mn, depending on demand, Mr Maetapong said.
“I understand [the new provisions] well and I must say that the P-REA saw this draft before it was brought into effect,” Mr Maetapong told The Phuket News.
“The change also benefits luxury hotels and housing developments that own land in higher elevations. With the ability to expand and link their properties to existing infrastructure, developers can now explore more extensive projects,” he said.
“The new announcement not only increases the height from sea level, but also includes the environmental COP (Code of Practice) that determines what must be in place and how steep the slope is,” he added.
“Higher areas, like mountains, can now attract more interest. However, there are limitations on construction. Additionally, most titled land in these areas may face challenges when it comes to building a hotel,” he said.
For Mr Maetapong, the new provisions do provide sustainable urban development. The problem is developers who already do not follow the law, he said.
“For me, I still see it as a positive effect on sustainable urban development, but we do see worksites today that are not in accordance with the law, and these people [the developers] do not take much responsibility [for their actions],” he said.
“It is a job for local government and officials to have proper enforcement and maintain a balanced landscape,” Mr Maetapong said.
“Additionally, DPT Phuket regulations are being revised to align with this law, introducing factors like Floor Area Ratio (FAR) and Building Coverage Ratio (BCR) to ensure sustainable development in Phuket,” he noted.
SAFETY
DPT Phuket Director Pakorn Waraphasakun told The Phuket News that safety was a key priority in determining whether construction will be allowed on a plot above 80m.
“Development on Phuket’s hillsides raises issues such as potential landslides, flooding and increased runoff, which could have significant environmental impacts,” Mr Pakorn said.
“These risks need careful management to ensure sustainable development… Our role may be in terms of building construction and forest area care, and the height determination in other matters must be in accordance with the law,” he added.
“We know that many more houses will be built, but what is worrying is the potential for disasters. In reality, the risk will definitely increase,” he said.
“I can only recommend that every new house built includes slope protection. Some people may feel that it is expensive, but it is for long-term protection,” Mr Pakorn said.
CAUTION
Kongsak Koophongsakorn, President of the Phuket Chamber of Commerce, declined to comment on the new construction provisions.
Instead, Mr Kongsak preferred to announce a seminar titled ‘Unlocking 80-Meter Development Height: Crisis or Opportunity?’ to be held at the Royal Phuket City Hotel on Jan 23, starting at 12:30pm.
Leading Phuket figures have previously urged caution in allowing unbridled development that risks deforestation of Phuket’s hills, especially when the Phuket branch of the Agricultural Land Reform Office (Alro, also known by its Thai initials SorPorKor) in 2020 confirmed that more than 13,000 rai of state land dedicated to helping poor farmers was now open for limited development.
The 13,000 rai included huge tracts of land to the north and south of Patong, and along the hills that line the back of the resort town.
Phattanan Pisutwimol, at the time President of the Phuket Real Estate Association (P-REA), warned against “killing the golden goose”.
Mr Phattanan recognised that unrestrained development could easily spoil the natural beauty surrounding Patong, which he rated as the most important factor for attracting tourists and investors.
“New construction, if it is not considered well, will affect the environment and forest areas in Phuket,” Mr Phattanan said.
“These new rules [the relaxing of SorPorKor restrictions in 2020] are supposed to protect Phuket’s main source of income, but instead they may jeopardise it,” he added.