The Issues Concerning the Enforcement of Building Control Laws by Local Officials

Abstract

The objectives of  this research study were: 1) to investigate the evolution and history of building control laws in force in Thailand, 2) to study building control laws that are in force in foreign countries such as the United States and France compared to Thailand, 3) to analyze problems with the enforcement of building control laws by local officials, and 4) to propose guidelines for improving the building control law of Thailand. This Articles is a qualitative study that examines the principles and theories of building control law and related laws by analyzing and interpreting legal documents.
The results of the study reveal as follows:
1. The construction of houses of the people in the past that were unstable and dangerous to the public was an evolution that led to the enactment of Thailand's building control laws that are now in force.
2. As is the case with the United States of America and France, they initially regulated construction with an emphasis on safety and later expanded to building control for the benefit of city planning, architecture and the environment resulting in the enforcement of the law of the officer.
3. While in Thailand, the discretion of the officials is problematic because there are many legal rules.  Extensive use of discretion has no limitations on the use of discretion. The official issued the order regardless of the environmental impact and the administrative order was not in accordance with the rules, affecting the standard of government service and the determination of administrative enforcement measures affecting the enforcement of laws that must be considered carefully before. Moreover, there were actions that are not in accordance with the guidelines, causing the enforcement measures to not be proportionately appropriate.
4. It is suggested that the building control law be amended to limit the discretion of the officers in issuing administrative orders. If it is a large building, a committee should be set up to consider issuing orders. If it is a small building, it is at the discretion of the local competent official according to the law.