Building permit validity in Thailand: expiry, renewal, transfer to a buyer and what heirs must do

You are buying a villa that was built, or is half-built, on a permit. Is that permit still good, and does it pass to you? Under the Building Control Act B.E. 2522 (1979), the answer depends on the validity period written on the licence, whether a renewal was filed in time, and whether the local official approved a transfer.

What the Act says

• Section 35 — validity — a licence under Section 21 (construction) or 22 (alteration, etc.) is valid for the period specified in it.
• Section 35 — renewal — the licensee must apply before the licence expires. After applying, work may continue until the local official orders that renewal is not granted.
• Section 36 — transfer — a licence under Section 21, 22 or 33 is not transferable unless written permission is obtained from the local official.
• Section 37 — death of the licensee — heirs may continue the work by notifying the local official within ninety days.
• Section 65 — penalty — breaching Section 21 (building without a licence) carries up to three months' imprisonment, a fine up to THB 60,000, or both, plus a further daily fine of up to THB 10,000 for continuing breaches.

The validity period is set by the licence and local rules, not one national figure. Sources describe a one-year licence period for smaller buildings, with extensions once the foundation or a set share of the work is done; the exact terms are in the ministerial regulations and should be confirmed with the local office. This guide does not rely on those figures.

Checking a permit before you buy

• Read the dates — find the validity period on the licence and whether a renewal application was filed before expiry. An expired, unrenewed licence is not an ongoing authorisation.
• Match the plans to the building — work outside the approved plans needs its own approval; see renovating and altering a villa (Section 39 bis).
• Verify authenticity — forged permits are a known risk; see verifying building permits.
• Ask about completion — a finished house also needs the completion-stage paperwork; see building use certificate (Or.6).
• Transfer on purchase — if you take over an unfinished build, ask whether the local official's written permission under Section 36 was obtained, or whether a new licence in the buyer's name is the safer route. Confirm with a Thai lawyer.

If the owner dies mid-build

Section 37 lets heirs continue construction by notifying the local official within ninety days. Ownership of the land itself passes under the estate rules; see estate administration and probate.

Owners: avoid the lapse

• Diarise the expiry and file the renewal early; the Act protects continued work only once an application has been submitted.
• Keep the contractor aligned — see building a villa on Koh Phangan and controlled construction contracts.
• Do not build on after expiry without confirming status; unlicensed work can draw the penalties above and demolition orders.

In short: a building licence is time-limited, renewal must be filed before expiry, and transfer or inheritance needs official permission or notice. Check the dates and paper trail before paying for any half-built villa.