We recently have had a number of readers ask us about the actual laws around encroachment on beaches in Thailand following a number of articles like this one about Jomtien Beach. Presented by Anglo Siam Legal we wanted to give you more details today:
In Thailand, the rules around encroachment on public beaches are designed to protect these areas for public use and environmental conservation.
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Public Domain: Beaches in Thailand are considered public property under Section 1304 of the Civil and Commercial Code. This means they are part of the public domain, intended for the common benefit of the population. Private individuals or companies cannot legally own or sell beach land without a special law or royal decree.
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Encroachment and Land Use:
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Private Development: There have been instances where hotels and private residences have attempted to restrict public beach access by building on adjacent land. While the land directly behind or beside a beach might be privately owned, the beach itself remains public, and such restrictions can be illegal. However, enforcement can vary, and sometimes private owners manage to gain quasi-exclusive use due to a lack of clear demarcation or enforcement of public rights.
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National Parks: Areas designated as national parks have stricter regulations. Encroachment within these areas, including building structures, can lead to legal actions such as eviction or demolition, especially if the land was not legally owned or possessed at the time the national park was established.
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Regulations and Enforcement:
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Demarcation: The Harbour Department is responsible for defining public beach areas with markers, though the visibility and existence of these markers can be problematic, leading to confusion about where public land ends and private land begins.
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Legal Consequences: Encroachment on public beaches or misuse of public land can result in legal action, including fines and orders for demolition of unauthorized structures. The Thai government has shown efforts to crack down on such activities, particularly in high-profile areas like Phuket, where there have been demolitions of beach clubs and other structures.
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Cultural and Environmental Considerations:
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There’s an ongoing discussion about balancing private development with public access and environmental conservation.
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Due Diligence: For investors or anyone considering building or buying property near beaches, thorough due diligence is advised. This includes checking for legal ownership, understanding the proximity to public beach areas, and ensuring compliance with building and environmental regulations. Failure to do so can lead to legal disputes or the loss of property.
Encroachment, especially in areas not clearly marked or in national parks, is against the law, but enforcement depends on governmental action and sometimes public pressure. Potential investors or visitors should be wary of these complexities to avoid legal issues.
Consider reaching out to Anglo Siam Legal for assistance with any problems you may have had or questions regarding legal matters and buying property.
Contact Anglo Siam Legal
Call Them: 0610184790
Visit Them: 565/103-104, Moo 10, Nongprue sub-district, Opposite Big C South Pattaya
This guide is for informational purposes only and does not constitute legal advice.
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