The owner of the beleaguered Ashton Asoke condominium project, which has been in legal limbo for more than a year, may retroactively re-apply for a construction permit with the Bangkok Metropolitan Administration (BMA), according to the Council of State. The opinion of the council, the government's legal arm, may present a breakthrough for tenants and the luxury high-rise condo, which was threatened with partial demolition. Bangkok deputy governor Wisanu Subsompon conveyed the council's interpretation on Monday.
The BMA approached the council for a legal consultation in response to a Supreme Administrative Court order last year to revoke the condo's construction permit because the property's main entrance was not the required width. The BMA asked the council to recommend what the condo and the BMA could do to comply with the court's order while minimising the impact on the tenants. Mr Wisanu said the council maintained that the court's order to revoke the building permit did not render the original permit null and void, leaving the condo technically without a permit.
The BMA is duty-bound by law to instruct the condo owner to re-apply for a permit retroactively without the need to demolish the building in part or whole. The permit's withdrawal has been interpreted to mean the condo, located in a prime area adjacent to both Sukhumvit and Asoke Montri roads, had been illegally built. However, the BMA said earlier the project developer, Ananda MF Asia Asoke Co, could re-apply for a permit within a given timeframe.
Condo unit owners and tenants have been looking to sue the company for damages. Mr Wisanu said the council insisted the Buildings Control Act may not need to be enforced to bar tenants from accessing the condo while work to address the permit issue was ongoing. Ashton Asoke condo on Asok Road.
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