Pattaya and the Waterfront building story

By Lodewijk Lagemaat
Posted in Background, Pattaya, Cities
14 September 2020

On July 16, 2014, Pattaya city officials halted construction of the 53-storey condominium and hotel project at Bali Hai Pier after a storm of protest erupted on social media. The most famous, almost classic view of Pattaya was rudely disrupted by the construction of this new project.

Then-mayor Itthiphol Kuneplome stated that he had been following the project, dating back to 2004, with proper and fully transparent legal processes throughout and urged anyone who argues otherwise to review the various hearings and reports for themselves. The developers, Bali Hai Co Ltd, the Israeli company behind the project, claimed they had complied with all legal requirements required of them.

Officially, construction of The Waterfront Suites and Residence was ordered to halt by regulatory authorities on July 16, 2014, after safety inspectors discovered that the building—particularly the fire escapes and elevator systems—deviated from previously approved building designs. Main contractor Thai Engineering, however, ignored the ban and continued to work until former Pattaya Mayor Itthiphol Kunplome decided to halt the project after a press conference on August 18, 2014. The order to halt the work came after thousands of complaints on Thai social media from "outraged" citizens about the project, including environmental groups. However, Thai Engineering claimed that they were not ordered to stop work and blamed the developers.

Photos showing the tower obscuring much of the view of Pattaya Bay appeared on Facebook, Twitter and other online sources in mid-2014, with outraged Thais writing a post about republished photos to the National Council for Peace and Order (NCPO) that urged the military to investigate. This period ended shortly after a military coup in early 2014.

The complaints are mainly about building larger and closer to the beach than permitted. In addition, the view of the Prince Chumphon Khet Udomsak statue sitting on top of Pratumnak Hill was also obstructed, which is very important for the Royal Thai Navy. The image is meant to look out over the ocean and not the apartment.

Another curious point is the defense that the project would be too close to the waterline. The reclaimed soil would have moved the shoreline, making it legal!

It is notable that the developers Bali Hai Company Ltd submitted an environmental impact report to the Chonburi province panel, which approved it and forwarded it to Office of Natural Resources and Environmental Policy and Planning (ONREPP) in May 2008. He would re-examine the project, but the exact results of the investigation are still not clear! However, a ban was issued that no longer permits be granted to new projects that obstruct the view of the coast. However, the blame lies with the government for plans previously approved by them and executed according to plan by the developer.

Itthipol tries to cover itself in 2014 by stating that the project developers had deviated from the approved plans when it came to fire escapes and elevators. Now the entire structure had to be checked again for possible multiple deviations! If these were such, then the courts would be taken to demolish this billion-dollar project! He claimed that the city and government had nothing to do with any changes to the project and placed the blame entirely on the developers. The developers, meanwhile, claimed that they followed the design presented to them by the government and blamed the contractors for the changes.

It is clear that the situation is complex, with no one taking responsibility. It is sad to note that after the shutdown, the Bali Hai Co Ltd company continues to sell apartments in May 2015 and only has 38 units left for sale.

Meanwhile, a difficult battle and legal wrangling breaks out between construction company and contractors. On January 16, 2017, the Bali Hai Co Ltd company filed a petition with the Central Bankruptcy Court in Bangkok for debt restructuring of more than 2,3 billion baht. The Central Bankruptcy Court issued the notice and informed the stakeholders through a bankruptcy plan. The restructuring plan is not working. A few months later, the Bali Hai Co Ltd company reportedly went bankrupt and the apartment still stands, almost four years later, as an abandoned monument to corruption on the coast of Pattaya! Result: bankrupt developers, contractors in court, the mayor dismissed from office and duped condo "owners", who try to get some money back through the Thai court.

In late 2018, the owners of the apartment's land were held liable in two major civil suits worth more than 100 million baht by a group of 2018 condo owners. The buyers were represented in these cases by Chalermwat Wimuktayon, the founder of Magna Carta Law Office in Pattaya. This case is still pending. In addition, another group of people reportedly sued relevant government agencies in December XNUMX that would oversee the project to prevent any changes or environmental damage. That was rejected.

Most lawsuits will still be pending this year and next year. As long as that is still running, the building may not be demolished. An obstacle to the Pattaya Municipality, which had wanted to revamp the Bali Hai area with a cruise ship terminal.

In 2018, the crane and other construction equipment were removed from the top of the Waterfront building by Worakit Construction Company due to the risk of collapse.

Source: The Pattaya News

9 Responses to “Pattaya and the Waterfront building story”

  1. Bertie says up

    I saw it again 2 years ago…. It will be a 2nd “Sathorn Unique Tower” like in Bangkok.
    Well. Very sad.

  2. Rob says up

    There is also another kind of building between Rayong and Ban Phe

  3. Bob jomtien says up

    I also understood that too many storeys were being built than permitted under the permit

  4. Josh M says up

    In 2018, the crane and other construction equipment were removed from the top of the Waterfront building by Worakit Construction Company due to the risk of collapse.!!!
    This says a lot about the quality of the materials used there..

  5. Herman North says up

    It is indeed a building that detracts from the fantastic view from the vantage point. Every year you hope that it has been demolished, but unfortunately the monstrosity is still there.

  6. FrankyR says up

    A modern and Thai Tower of Babel…

  7. Ben says up

    I don't see who's breaking it yet.
    Who will pay bye sweet sweet gerrritje.
    First check the condition of the building, then decide whether to demolish or finish.
    I think there are very few interested people who want to finish it without guarantees from the government regarding permits
    With a good sloper (inflate) it lies so flat but no one will invest money there.
    Ben

  8. l.low size says up

    The municipality of Pattaya will have to back down in due course, otherwise the entire Bali Hai area will remain
    as it is now. Not a dream destination Pattaya as a beautiful and inviting seaside resort!
    The buyers will not be left behind. The most expensive apartment 100 million baht!
    Magna Carta Law Office in Pattaya is primarily about the "revenue model" in this case.
    One of the most expensive law firms in Pattaya; not necessarily the best!
    MP.Prayuth's involvement was as usual for the Bühne (2018?) and did not help.

  9. chris says up

    A Belgian also bought an apartment in this building years ago and made a first down payment. Because the apartment is not finished on time, he (through a lawyer friend of my wife in Pattaya; my wife works in the construction industry) has initiated proceedings to terminate his contract and get his money back. He has won the court case but will not get his money back for the time being because the banks have seized the property and the land.
    Recently there seems to be some movement in the case because a buyer for the land and buildings has reported to the banks. The lawyer hopes that he will get part of his deposit back if the sale goes through.


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