Phuket lifts building restriction above 80 metres for hillside development
A recent Cabinet decision has lifted the restriction on construction above the 80-metre mark in Phuket, paving the way for increased single-building developments on the island’s hillsides. This change is expected to benefit owners of high-altitude land on the island.
The approval of a rezoning proposal by the Ministry of Natural Resources and Environment (MNRE) now permits development in Zone 6 of Phuket up to 140 metres above sea level. This zone includes most of the island but excludes coastal areas, the protected Nakkerd Range, and densely populated locations like Phuket Town. The resolution, published in the Government Gazette on December 13, came into effect on December 14 last year.
Natthakrit Phonphet, Deputy Director of the MNRE Phuket office, explained that this change replaces a previous restriction from 2017, which had expired. The decision follows extensive public and private sector consultations, particularly benefiting landowners with high-altitude plots who previously faced building restrictions.
Police specialist Rakkiat Deetphin from DPT Phuket explained that the main reason for allowing construction above the 80-metre limit was fairness. Many landowners felt their rights were violated as they paid taxes but were unable to utilise their land due to the previous restrictions.
Rakkiat added that, unlike Phuket, only Koh Samui has a similar restriction, capping construction at 120 metres above sea level.
The new regulations come with specific conditions. Land titles must have been issued before 2017, and only single structures are allowed. These buildings must not exceed six metres in height or cover more than 90 square metres, with 70% of the plot left as green space. Title holders must ensure that half of this area remains unpaved to support natural vegetation.
Building restriction
Natthakrit emphasised that not all areas deemed suitable will automatically be approved for construction if there are potential risks of flooding or landslides. Impact assessments conducted by the Phuket Provincial Office of the Department of Public Works and Town & Country Planning are mandatory, with specific criteria to meet regarding green spaces and single-building requirements.
Maetapong Upatising, President of the Phuket Real Estate Association (P-REA), noted that property values above the 80-metre mark are expected to increase significantly due to the new opportunities for development. In Patong, land values have already risen to between 150 and 200 million baht (US$4.3 and 5.75 million), with areas slightly outside the town ranging from 6 to 8 million baht (US$172,770 to 230,360), depending on demand.
Maetapong also highlighted that the new provisions will benefit luxury hotels and housing developments in higher elevations. However, he expressed concerns about developers who might not adhere to the law, stressing the importance of enforcement by local government to maintain a balanced landscape.
Pakorn Waraphasakun, Director of DPT Phuket, reiterated that safety is paramount when approving construction above 80 metres. He highlighted potential environmental risks like landslides and flooding, urging that these issues be managed carefully to ensure sustainable development. Pakorn recommended incorporating slope protection in new constructions to mitigate risk.
Kongsak Koophongsakorn, President of the Phuket Chamber of Commerce, did not comment directly on the new provisions but announced an upcoming seminar on the topic, emphasising the need for cautious development to prevent environmental degradation, reported The Phuket News.
Phattanan Pisutwimol, former President of the P-REA, previously warned against unchecked development that could harm Phuket’s environment, which is vital for attracting tourists and investors. He stressed that while the new rules are intended to safeguard Phuket’s income sources, they might instead threaten them if not managed properly.
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