BANGKOK, THAILAND – Thailand’s Supreme Administrative Court dismissed a developer’s damages claim over an illegal high‑rise built on a street deemed too narrow under building regulations.
Years-long legal dispute concluded
The dispute over a high‑rise in Ruamrudee Alley was finally settled when the Supreme Administrative Court upheld a lower court ruling on Wednesday. The company Larppratharn had sued the city of Bangkok and the Pathumwan district director for damages, alleging gross negligence.
“The district director had issued an incorrect certificate on the width of the street,”
said the company, adding that it had relied on this document.
Illegal high‑rise ordered demolished
Regulations required an access road at least 10 meters wide, but Ruamrudee Alley did not meet this standard along its entire length. Authorities therefore ordered the demolition of the building, while the company claimed it was in the right and sought compensation for its financial losses.
However, the courts took a different view. A demolition notice had already been posted on the building on 31 October 2016, which the court regarded as a valid form of service.
Deadline missed, claim rejected
This posting proved decisive for the outcome. Under Paragraph 51, a lawsuit had to be filed within one year of the party becoming aware of the decision.
The deadline therefore expired in November 2017, but the company did not submit its claim until 29 November 2021, far too late to meet the legal requirement.
“The second demolition order issued in 2021 merely confirmed the original directive,”
said the court, stressing that the clock had already been ticking since 2016.
Costly lesson for developers
The ruling sent a clear signal to construction firms that self‑responsibility must come first. Before investing millions in a project, companies should carefully verify all legal foundations.
An incorrect certificate did not shield the developer from the consequences, and in case of doubt a building had to be demolished at the owner’s expense. For Larppratharn, the Ruamrudee Alley project turned into a multi‑billion‑baht loss, and the dream of a profitable high‑rise collapsed.
Debate over legality and fairness
The case raised questions about how justice should be understood in such disputes. The outcome prompted debate over whether the ruling was only legally correct or also morally fair, and whether the company had acted negligently or had been left alone by the authorities.