Kathu Municipality officials also confirmed to The Phuket News that the luxury mansion is being built illegally as their office have not issued a building permit for the project.
Kathu Municipality officials began their investigation into the construction of the house after it was brought to their attention by local residents on Wednesday (Apr 24).
“The owner of the house has not applied for a building permit,” confirmed Tassanee Saetong, Chief Administrative Officer (Palad) at Kathu Municipality.
“But even if they did, we certainly would not have approved it,” she told The Phuket News yesterday.
“The construction breaches the Building Control Act, under which construction must not be more than 80 meters above sea level. This house is 130 meters above sea level,” Ms Tassanee explained.
“It is illegal,” she said.
“Next we will proceed according to the regulations of the Building Control Act. All construction will be suspended and all structures already built will be ordered to be removed,” Ms Tassanee confirmed.
“We will issue the notice to the house owner in accordance with the regulations of Building Control Act,” she said.
Mrs Tassanee declined to confirm when the notice will be issued.
“Right now we are compiling all the information needed to issue the order. Also, I want extra information for this case,” she said.
Amnuay Pinsuwan of the Phuket Provincial Land Office explained that although the house is in the middle of a protected national forest, it is on legally owned land.
The house and other buildings under construction in the compound are located on a single plot of 10 rai that is currently owned by three women, Mr Amnuay told The Phuket News.
The three women – Supatra Jaruariyanon, Natchaya Gohsaiyawat and Jiranon Thamchu – bought the land from Mano Kiewkram on Feb 9, 2016, he said in a statement issued yesterday (Apr 25).
The statement was issued specifically to clarify facts currently being disputed on Thai social media websites.
Explaining the history of the land, Mr Amnuay noted that the Governor at the time on Dec 15, 2011 approved for a Chanote to be issued for the land in Mr Mano’s name.
The Land Office on Feb 24, 2012 ruled no disagreement for issuing the Chanote, and issued the actual Chanote land title document on Mar 9, 2012.
A copy of the Chanote has been presented to The Phuket News.
Mr Amnuay also explained that the Chanote issued to Mr Mano was issued on the basis of a SorKor 1 land document issued to a Mr Chuan Janerop.
“The SorKor 1 proved possession of the land before the area was declared a national protected forest area,” Mr Amnuay explained.
However, how or why the land was issued a Chanote to Mr Mano on the basis of a SorKor 1 issued to Mr Chuan was not explained.
WOOD FOR TREES
Paisarn Noopichai, Director of the Phuket office of the Royal Forest Department, told The Phuket News that he is investigating whether the land claimed encroaches on the protected national forest.
“I have spoken with Kathu Municipality officials and confirmed that the house was built without a building permit. Now we are checking more detailed information with the Phuket Land Office,” Mr Paisarn said.
“We are checking whether the land is legally owned and whether any structures on the land encroach on the national forest reserve.
“We are also checking whether the boundaries for the land claimed have been extended beyond those marked on the land documents,” he said.
“The area where the house is being built is a protected national forest,” Mr Paisarn confirmed.
“But if the house being built is on land that was owned before the area was declared a protected forest, that will be permitted by law – but the construction must be in accordance with the Building Control Act,” he said.