New Ashton Asoke Condominium Worth US$168m Faces Demolition by Thai Supreme Court

The Ashton Asoke condominium, a 6-billion-baht (US$168 million) project located in Bangkok’s Watthana district, is on the brink of demolition following a Supreme Administrative Court ruling, according to Aseannow dated 8 March 2024.

The court’s decision, issued in July last year, invalidated the building permit due to the insufficient width of the main entrance, a critical non-compliance with the Building Control Act. This ruling has placed the fully completed condominium project in a precarious position, with a potential demolition looming if a legal resolution is not found within the next three months, as stated by a court official.

The heart of the dispute lies in the condominium’s main entrance onto Asoke Road, which encroaches on land owned by the Mass Rapid Transit Authority (MRTA) designated for an underground railway station entrance. This has led to the construction permit being deemed illegally issued.

Prawit Boonthiem, overseeing the tort and other liabilities section of the Supreme Administrative Court, has given the Bangkok Metropolitan Administration (BMA), Ananda MF Asia Asoke Co, and the MRTA a three-month ultimatum to rectify the situation in compliance with the Building Control Act. Failure to do so will necessitate the BMA to enforce the act’s provisions, mandating the building’s demolition within 90 days.

Despite the grim outlook, Wisanu Subsompon, Deputy Governor of Bangkok, remains optimistic about finding a resolution within the stipulated timeframe. The developer has been advised to reapply for a construction permit, a process that notably does not require the existing building’s demolition. Furthermore, a committee has been established by the Transport Ministry to formulate guidelines aiding the MRTA in resolving the land expropriation issue,” said Wisanu.

This situation not only highlights the complexities of urban development and legal compliance but also underscores the importance of thorough due diligence and adherence to building regulations. The potential demolition of Ashton Asoke raises significant concerns about the implications for investors, residents, and the broader real estate market in Bangkok.

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