Hughes Krupica: The legalities of using beach land in Thailand

Associations and groups – vendors
In Karon Sub-District in Phuket, local people set up an unregistered association named the ‘Beach Umbrellas Group’ for the management of cleaning the beach and selling beverages and food and renting umbrellas and sun loungers. The rules for this group are:

(i) members must be born in the area of Kata or Karon
(ii) alternatively, members must be on the lineage of persons born in the area of Kata or Karon previously involved in such activities of the group
(iii) snacks are permitted, but not restaurant style food
(iv) all umbrellas and sun loungers must be of the same style and colour
(v) no additional umbrellas or sun loungers outside the existing stock and pool can be used
(vi) an annual membership fee of 1,000 to 2,000 THB per year is payable
(vii) a taxation payment to the Municipality Office is imposed on the Beach Umbrellas Group
(viii) memberships can only be transferred to persons who meet the eligibility criteria and must be subject to permission from the head of the Beach Umbrellas Group
(ix) members receive a special identification/membership card with the signature of the local mayor, as issued by the Municipality Office

There are different rules and regulations amongst associations in other parts of Phuket, such as Layan Beach and Bang Tao Beach. Further, Patong Beach also has different local rules.

One common rule that cannot be changed by any local authority, is the rule of law relating to public property for the benefit of the public.

What are locals and tourists allowed to do on beaches, all of which are public?
There are no restrictions on using public property unless specified by a special law or Royal Decree. Therefore even a beach, which appears to have access blocked by a hotel, can be used by tourists, and locals alike. It is illegal for anyone to try and prevent such use. Often, some areas of the beach are made to look private, but this does not affect the law. Further, tourists and locals are not restricted from using the beach such as taking their own towels, food, beverages, or even umbrellas, to the beach.

Set back rules / permanent structures / temporary structures
For safety, any permanent buildings must be a certain distance from the beach. In order to comply with the regulations for a permanent building, individuals or companies must obtain a building permit. Not obtaining a correct building permit is a violation of law.

Temporary structures are also not permitted unless they fall within the powers granted to associations such as the Beach Umbrellas Group, provided those powers derive from law and are properly issued and utilised by the municipality in charge.

There is no difference between using cement or wood in relation to complying with these laws. 
For those that cry out for laws to be enforced in relation to use of public land, they should bear in mind – and be prepared to accept – that enforcement of law in a just and fair society means enforcement of law equally, without prejudice, and with the same application of law to any infringements.

Please enjoy your Long Island Ice Tea or your Fermented Fish Guts Papaya Salad with extra chillies, whichever is your preference.

Desmond Hughes – Senior Partner, Hughes Krupica
Hughes Krupica is a law firm which specialises in Real Estate; Construction; Hospitality; Corporate; Dispute Resolution; and Litigation, operating in Bangkok and Phuket, servicing clients in relation to their business activities in Thailand and in other regions of Asia.
www.hugheskrupica.com