A large luxury hotel and serviced apartment building on Soi Ruam Rudi in Bangkok will have to be demolished at least in part in 60 days to comply with construction regulations after the Supreme Administrative Court made the final ruling on its case on Tuesday.
The Aetas Bangkok hotel and serviced apartment buildings will need to come down to 23 metres high or 7-8 floors from 18 and 24 storeys currently, according to BMA officials. (Photo by Kosol Nakachol)
The Aetas on Soi Ruam Rudi, which cost at least 3 billion baht to build, comprises the 24-storey Aetas Bangkok hotel with 214 rooms and an adjacent 18-storey serviced apartment building called The Aetas Residence with 242 rooms. The properties have been completed and have already begun commercial service.
Twenty-four residents of the soi filed a lawsuit against Pathumwan district officials in September 2008 for dereliction of duty when they issued a letter confirming the soi was 10 metres wide. This allowed Larpprathan Co Ltd and Tabtimtorn Co Ltd, the developers of the two properties, to build taller structures than would be allowed in a narrower soi. A licence was not applied for, as required by the Building Control Act.
Later, the Public Works Department measured the width of the soi and found it was not 10 metres wide throughout, with eight sections narrower than that.
By law, the allowed height of a building is determined by the width of the public road in front of it.
The Central Administrative Court ruled in favour of the soi residents in February 2012 and Pathumwan district appealed the decision to the Supreme Administrative Court.
Surachet Vorawongwasu, the managing director of the Aetas brand, told Prachachart Turakit two years ago that he forged ahead with construction despite the legal dispute because he was convinced he had the required documents and had complied with all regulations.
Songkram Sapcharoen, a Chulalongkorn University lecturer and one of the plaintiffs, said the case served as a wake-up call for officials, who had to perform their duty carefully. "Large buildings must not be allowed in narrow sois due to safety concerns such as when a fire breaks out and fire trucks cannot enter the scene," he said.
Chaloempong Klubdee, chief of the volunteer lawyers centre under the Foundation for Consumers, said the Bangkok Metropolitan Administration and the Pathumwan district office had to order the owners to demolish the buildings in full or in part within 60 days. "If the owner refuses to comply, we can seek a court order to arrest him or demolish the buildings by ourselves at the expenses of the owner and those responsible for the construction."
Sitthichai Tuamsakon, director of Pathumwan district, said his office would wait until the court sent the official ruling to the BMA and the BMA instructed it what to do.
But judging from the ruling on Tuesday, the BMA and the Pathumwan office will exercise their authority under the 1979 Building Control Act to order full or partial demolition of the buildings within 60 days, he said.
"The owner must make sure the buildings are 23 metres high or around 7-8 floors, the tallest allowed by law for the access road of less than 10 metres wide," he said.
However, the owner might appeal the order or sue the BMA and the demolition could be delayed, he noted.
Asked whether there would be an investigation into the officials who granted a permit to the owner in the first place, City clerk Sanya Cheenimit said he would discuss the details with the BMA's legal team first.