Legal requirements regarding setback distances and ministerial regulations you should know before building factories and warehouses

When planning the construction of factories and warehouses, in addition to the importance of budget allocation, selection of structural materials, and engineering systems, one crucial aspect that business owners and project developers must not overlook is building regulations and urban planning regulations, especially regarding "setback distances" and the open space ratio.

Constructing industrial buildings without thoroughly studying the relevant laws can lead to major problems in the future, such as failure to obtain a building permit, construction suspension orders, or in the most serious cases, partial demolition due to violations of setback distances under the Building Control Act. This article from Smart Building will delve into relevant setback laws and ministerial regulations to ensure that developers are properly and safely prepared before starting their projects.

Building a factory that violates urban planning regulations is difficult to rectify! Here's how to check the urban planning zone colors (basic regulations).

Before delving into building setback distances, the first thing to check is the Comprehensive Land Use Plan of the area where the land is located, as urban planning laws are in place to regulate land use in each province in an orderly manner.

Each type of land has a clearly defined "zoning color," such as:

• Purple Zone (Industrial and Warehouse Land): Suitable for all types of factories and large warehouses.
• Light purple zone (Industrial park land): Suitable for factory development within industrial estates.
• Pink Zone (Transportation and Logistics Project/Community Land): Certain types of warehouses and factories can be built, but there are restrictions on size and type of business.
• Green areas (rural and agricultural land): There are very strict restrictions on factory construction. Mostly only agricultural processing plants or warehouses within the size limits set by local laws are permitted.

If a factory is built in an area not permitted according to the city planning regulations, a factory operating license cannot be obtained. Therefore, it is always necessary to check the provincial comprehensive city plan with the Department of Public Works and Town Planning or the local municipality/sub-district administrative organization before purchasing land.

An In-Depth Look at "Setback" Regulations for Industrial Buildings

Setback refers to the minimum distance measured from the boundary of the property, public utility area, or public road to the wall or column of a building, as stipulated in the Building Control Act B.E. 2522 (1979) and various ministerial regulations. The main requirements to remember are as follows:

1. Setback distance from the neighboring land boundary (Neighboring Land Setback)

According to Ministerial Regulation No. 55 (B.E. 2543) issued under the Building Control Act, the setback distances for factory and warehouse buildings are as follows:

• Buildings with a height not exceeding 9 meters: Walls with openings (doors, windows, ventilation openings) must be at least 2.00 meters away from the adjacent property boundary. If it is a solid wall, it must be at least 1.00 meters away.
• Buildings exceeding 9 meters but not exceeding 23 meters in height: The wall with openings must be at least 3.00 meters away from the adjacent property boundary.
• Extra-large buildings / Large warehouses: In cases where a building has a total area exceeding 2,000 square meters, the law usually requires a clearance area of ​​at least 5.00 meters around the building for safety and the movement of fire trucks.

2. Setback distance from the public road (Public Road Setback)

The setback distance from the public road will be calculated based on the width of the road in front of the project:

• For public roads less than 10 meters wide: The building line must be set back at least 6.00 meters from the “center of the public road”.
• For public roads with a width of 10 meters or more but not exceeding 20 meters: The building line must be set back from the “public road zone” by at least 1/10 of the road width.
• For public roads wider than 20 meters: Building lines must be set back at least 2.00 meters from the public road boundary.

3. Waterway Setback

• For public water sources less than 10 meters wide:, the building line must be set back at least 3.00 meters from the edge of the river/canal.
• For public water sources with a width of 10 meters or more:, the building line must be set back at least 6.00 meters from the edge of the river/canal.
• Large bodies of water (e.g., swamps, lakes, seas): Building lines must be set back from the water's edge by at least 12.00 meters.

Green space and open space ratio requirements

In addition to setback distances, the law also mandates the proportion of open space within a plot of land:

• Open Space Ratio: Factory and warehouse buildings generally must have an uncovered open space of at least 30% of the total land area (or depending on the zoning regulations of each area).
• Permeable Area (Green Area): Within the aforementioned 30% open space, newer urban planning laws often mandate that at least 50% of this open space be allocated to planting trees or permeable areas (Unpaved Area) to help reduce flooding and increase green space.

Procedures and documents required for obtaining a building permit for a factory.

To ensure that construction operations are conducted legally, business owners must prepare the following permit application procedures:

The advantages of designing prefabricated steel structures to meet setback requirements

Choosing to use prefabricated steel structures (Smart Frame / PEB) from Smart Building effectively solves setback and building regulation issues as follows:

• Space Maximization: Wide-span steel structures allow for the design of large buildings that utilize space most efficiently within setback constraints.
• High Precision, No On-Site Errors: CNC cutting and assembly of steel structures in the factory ensures that building dimensions conform 100% to the blueprints, eliminating problems with buildings exceeding setback distances due to construction inaccuracies.
• Speed ​​in obtaining permits: Smart Building has a team of engineers who prepare complete and standardized building permit application documents, reducing the approval time from government agencies.

Summary

Legal regulations regarding setbacks and building control ministerial regulations are not complicated if understood and planned well from the start. Designing factories and warehouses legally not only helps prevent lawsuits or project suspensions but also ensures a smooth construction process and on-time delivery.

If you are planning to build a factory, warehouse, or industrial building and need a partner to handle everything from site surveys and legal analysis to the design and installation of prefabricated steel structures, Smart Building (Thailand) Co., Ltd. is ready to assist and provide consultation.

Save time and reduce legal risks. Let Smart Building handle everything from site survey and design in accordance with building regulations to the complete permit application process.

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