The owner of the embattled Ashton Asoke condominium project, which has been embroiled in a legal battle for over a year, might be allowed to reapply for a construction permit from the Bangkok Metropolitan Administration (BMA), as suggested by the Council of State.
This advice from the government’s legal advisor could mark a significant turning point for both the residents and the high-rise condominium, which faced the risk of partial demolition. Bangkok Deputy Governor Wisanu Subsompon shared this interpretation on Monday.
In seeking guidance from the Council, the BMA responded to a Supreme Administrative Court order from last year that mandated the revocation of the building’s construction permit because the main entrance did not meet the required dimensions.
The BMA requested advice on how both the condominium and the administration could adhere to the judicial ruling while minimizing disruption for the residents.
According to Mr. Wisanu, the council clarified that the court’s decision to revoke the construction permit did not invalidate the original permit, implying that the building still technically lacked a valid permit.
Legally obligated, the BMA must direct the condominium owner to reapply for the permit retroactively, thus avoiding any need for demolition, partial or otherwise.
This interpretation suggests that without the permit, the building, situated at a key location near both Sukhumvit and Asoke Montri roads, was constructed illegally.
Earlier, the BMA had indicated that the project’s developer, Ananda MF Asia Asoke Co, had a specific timeframe to reapply for the permit. Meanwhile, condo owners and tenants were considering legal action against the developer for damages.
Mr. Wisanu noted that the council believed enforcing the Buildings Control Act to prevent tenants from accessing the condominium during the resolution of the permit issue might not be necessary.
