To improve energy conservation in buildings across Thailand, in 2020, the Minister of Energy issued the Ministerial Regulation Prescribing Type or Size of Building and Standard, Criteria and Procedure in Designing Building for Energy Conservation B.E. 2563 (2020) (the “Ministerial Regulation”) by virtue of the Energy Conservation Promotion Act B.E. 2535 (1992).
On 27 December 2022, the Building Control Committee issued the Notification of the Building Control Committee Re: Enforcement of the Ministerial Regulation Prescribing Type or Size of Building and Standard, Criteria and Procedure in Designing Building for Energy Conservation B.E. 2563 (2020) in the Building Control in accordance with the Building Control Laws (the “Notification”) to impose the Ministerial Regulation as requirements under the building control law. Effective from 25 January 2023, it is mandatory for certain types of buildings, i.e., entertainment halls, hotels, entertainment establishments, medical facilities, educational institutes, office or business buildings, shopping malls or department stores, condominiums, and public assembly buildings, to comply with energy efficient design in order to obtain a construction license, a building modification license, or a certificate of construction under the Building Control Act B.E. 2522 (1979) (as amended). As part of the application for a construction license, building modification license, and construction certificate, a building owner is required to prepare an assessment report relating to the building’s energy conservation design. Energy efficient design includes the building facade, lighting system, air-conditioning system, and water heating equipment within the building.
Although the Notification is effective as of 25 January 2023, under the Ministerial Regulation, a building with a gross floor area of 2,000 square meters or more, but less than 5,000 square meters, is exempted from compliance until 11 March 2023. Also, an application for a construction license, building modification license, and construction certificate, or an application for EIA approval submitted before 25 January 2023, is not subject to the new mandatory requirements. In any event, the requirements would immediately apply to an application for a construction license, building modification license, and construction certificate, or an application for EIA approval for a building having a gross floor area of 5,000 square meters or more.
Authors:
Susumu Hanawa
Bio: Susumu is a Partner at Chandler MHM Limited (CMHM). Susumu’s practice focuses on cross-border transactions and expansions in Southeast Asian countries including Thailand, Vietnam and Indonesia, countries in which he has lived and worked. In addition, he has extensive knowledge in the areas of real estate development, real estate funds and finance, including securitization and REITs.
Contact info: Tel. +66 2009 5127 E: susumu.hanawa@mhm-global.com
Tananan Thammakiat
Bio: Tananan is a Partner at Chandler MHM. She specializes in Real Estate Investment Trusts (REITs), real estate and mergers and acquisitions. Tananan has been representing major clients in the establishment, capital increases of a number of major REITs and property funds for public offerings (“PFPOs”), a structure similar to Real Estate Investment Trusts, and on the conversion of PFPOs into REITs, including domestic and international offerings.
Contact info: Tel. +66 2009 5126 E: tananan.t@mhm-global.com
Piyawannee Watanasakolpunt
Bio: Piyawannee is a Counsel at Chandler MHM Limited (CMHM). She specializes in area of corporate, commercial, hospitality and real estate laws. Prior to joining CMHM, she had extensive experience working with a leading law firm.
Contact info: Tel. +66 2009 5109 E: piyawannee.w@mhm-global.com
Natnaree Piwkaew
Bio: Natnaree is an Associate at Chandler MHM Limited (CMHM). She specialises Real Estate Investment Trusts (REITs) and Real Estate. Her experience also includes advising clients on a broad range of matters related to REITS and capital markets.
Contact info: Tel. +66 2009 5167 E: natnaree.p@mhm-global.com