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Legal Update

New Building Facilities Requirements

17 July 2008
Mayer Brown JSM Legal Update
On 20 May 2008, Ministerial Regulation No. 63 under the Building Control Act B.E. 1979 (the "Regulation") was published in the Royal Gazette. The Regulation, which will come into effect on 21 July 2008, amends the previous Ministerial Regulation regarding the requirement for the design and number of toilets and restrooms for stipulated types of buildings. These requirements must be met in order to qualify for a construction permit.

Full Update
The amendments refer to the following:
  • The minimum requirements of toilets and restrooms including construction materials, height of cubicles, number of air vents and/or exhaust fans, slope of floor, size and diameter of drainage pipes, type of cleaning/waste disposal system and floor area.
  • Toilets and restrooms requirements of certain types of buildings (e.g. factory, educational institutions, restaurant and commercial buildings).
The Regulation shall apply to all specified buildings except where there are other existing laws prescribing criteria for the design and number of toilets and restrooms provided that those laws do not require less than what is prescribed in the Regulation.
The Regulation shall not apply to buildings which were granted a construction permit or receipt of construction statement before the effective date of this Regulation except where such building will undergo modifications or there will be a change of its purpose of use from that which was previously approved.
Those constructing or modifying their buildings or the buildings' purpose must comply with the new regulations to obtain their building permits. This Regulation is just one of the regulations governing application for a construction permit. Some businesses will have to adhere to several regulations when applying for a construction permit. If a building violates this Regulation, or any other regulations regarding building construction, the constructor shall be denied a permit and may face penalties.
This Regulation serves to standardise and merge all regulations concerning toilets and restrooms under a single law, with the hope that this will reduce the uncertainty that many construction companies face.

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