Legal Conflict Over Luxury Villas Demolition on Koh Samui

Koh Samui
Thai authorities are present at the Ariya Residence project in Moo 3, Maret Subdistrict, Koh Samui District, on October 23, 2024.

KOH SAMUI — Thai authorities have encountered more obstacles this week in enforcing administrative action to demolish a luxury villa project on Koh Samui, Surat Thani Province.

Koh Samui Municipality, the Internal Security Operations Command (ISOC) Region 4, and the Ombudsman’s Office could not enforce administrative action as the project’s lawyers obstructed them on October 21, and some villas remained occupied by residents.

On that day, the lawyer presented himself to the officials and informed them that they had filed a petition to revoke and oppose the order with the municipality on October 18, therefore requesting officials not to proceed with the demolition.

On October 23, officials from the Koh Samui District Administration, Bo Phut Police Station, ISOC Region 4, and the Ombudsman’s Office attempted another enforcement at the Ariya Residence project in Moo 3, Maret Subdistrict, Koh Samui District.

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Thai authorities are present at the “Ariya Residence” project in Moo 3, Maret Subdistrict, Koh Samui District, on October 23, 2024.

Meanwhile Nanthawat Charoenwan, deputy director of ISOC in Surat Thani, sent an urgent letter to the mayor of Koh Samui on behalf of the regional ISOC director. The letter instructed the municipality, as the local authority, to take administrative action to enforce compliance with the Building Control Act, particularly Articles 42 and 43, without the need for court approval under Article 43(1). The instruction required demolition to begin no later than 10:00 a.m. on October 22, 2024.

The operation included the use of crowbars and sledgehammers to open the gates of the project for inspection. Officials surveyed the 11 villas to determine the approach, budget and technical methods for demolition.

However, some villas were still occupied, the residents had locked the doors and refused to cooperate. The officials tried to negotiate with the residents through the locked doors, explaining the reasons for the demolition and asking them to leave the houses. Those who refused were warned of possible legal consequences. The police cordoned off the area with tape and signs indicating that it was a demolition zone with restricted access.

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Some villas in the Ariya Residence project are still occupied. The residents have locked the doors and refused to cooperate.

Pal-lop Meepian explained that the demolition is being carried out on the basis of administrative law and that the site is officially designated as a demolition area. On October 25, evidence will be presented to Bo Phut police to take legal action against anyone obstructing officers in their work.

He also clarified that although the project’s 11 villas, seven of which were licensed, had received building permits, the buildings were constructed in violation of the law. The municipality had previously issued orders to stop construction and restrict occupancy, but the owners of the project neither complied nor appealed the orders. As a result, final demolition orders were issued in 2019 and 2024, making the villas illegal under the Building Control Act.

The authorities stated that on October 25 they would sue the lawyers for obstructing officials in the performance of their duty and would present evidence to Bo Phut Police Station for legal action.

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Thai authorities are present at the Ariya Residence project in Moo 3, Maret Subdistrict, Koh Samui District, on October 23, 2024.

The Internal Security Operations Command Region 4 has been conducting inspections and taking action since June after receiving complaints about construction on steep terrain in Koh Samui, Surat Thani Province, which violates environmental and building control laws. Some properties were also operating as unlicensed hotels.

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Local sources revealed that Chinese investors had leased land for 30 years from Thai companies to build villas for sale to foreigners and rent them out nightly through an online vacation rental company without proper hotel registration. This affects tourism and legal hotel businesses, and results in lost tax revenue.

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