This article summarizes every section in plain language, with the relevant clause numbers of the Ministerial Regulation, a timeline diagram and a 3D model showing which building groups require soil investigation, plus the most common question: “Do you need soil boring results for a building permit?”

What is the 2023 Foundation Ministerial Regulation?

The Ministerial Regulation Prescribing Building Foundations and Ground Supporting Buildings B.E. 2566 (2023), known in the construction industry simply as the "2023 Foundation Ministerial Regulation", is the new set of foundation rules that replaced Ministerial Regulation No. 6 (B.E. 2527 / 1984), which had been in use for almost 40 years. It was published in the Royal Gazette on 31 August 2023 and has been in force since 28 February 2024.

The key content of this Ministerial Regulation comes down to 3 main points: (1) large buildings must have a soil investigation report covering at least 3 points to accompany the design calculations; (2) the Factor of Safety for spread footings, piles and retaining walls is now clearly set in law; and (3) the criteria for soil and pile testing have been raised in line with international standards.

Soil boring rig performing an SPT test on a construction site
Soil boring with field SPT testing, the main data source for a soil investigation report under the 2023 Foundation Ministerial Regulation (Photo: SPN Soil Engineering)
📅 Key timeline

Published in the Royal Gazette on 31 August 2023 → in force once 180 days had passed, i.e. from 28 February 2024 → Ministerial Regulation No. 6 (B.E. 2527 / 1984) was repealed on the date the new rule took effect. Projects that applied for permits before that date are covered by a transitional provision (Clause 33) allowing the old criteria to continue to apply.

The diagram below combines the legal timeline and the five main topics, with clause numbers, in a single picture. Use it as a map before reading the details of each section.

2D diagram of the timeline and five main topics of the 2023 Foundation Ministerial Regulation A two-dimensional diagram. The top row is a timeline: 1984, Ministerial Regulation No. 6, in use for almost forty years; 31 August 2023, published in the Royal Gazette; 28 February 2024, in force after 180 days; and 30 August 2024, a Ministry of Interior Notification setting out the technical details. Projects submitted before the effective date are covered by the transitional provision in Clause 33. The middle row shows the five main topics: one, a soil investigation report of at least three points for four building groups, Clause 5; two, without soil boring results, low capped values by soil type apply, Clause 7; three, spread footings may use no more than 33 percent of bearing capacity, and above 200 kilopascals a Plate Bearing test is required, Clauses 15 and 16; four, piles, the 40 50 40 criteria in Clause 24, the 40 tonnes per pile threshold in Clause 25 and a 75 millimeter deviation allowance in Clause 28; five, retaining walls with factors of safety of 1.5 for sliding, 2.0 for overturning and 3.0 for bearing, Clause 31. The bottom row shows the groups affected. 2D diagram: 2023 Foundation Reg. at a glance Summary only · read with the full text Timeline 1984 Min. Reg. No. 6 Used ~40 years 31 Aug 2023 In Royal Gazette Foundation Reg. 2023 28 Feb 2024 Takes effect After 180 days, repl. No. 6 30 Aug 2024 MOI Notif. Technical details Permits filed before 28 Feb 2024 → transitional, Cl. 33 5 key topics 1 Soil report Cl. 5 ≥ 3 points High-rise Extra-large bldg Large + controlled (≥ 4 floors) ≥ 4 fl. in land subdiv. 2 No boring data Cl. 7 Low caps Bearing/friction set by soil type Bigger footings 3 Spread footing Cl. 15–16 ≤ 33% (FS≈3) Above 200 kPa must verify by Plate Bearing Test 4 Pile foundation Cl. 24–25, 28 40 / 50 / 40 % > 40 t/pile Designer certifies 75 mm deviation Pile force +≤ 10% 5 Retaining wall Cl. 31 FS 1.5 / 2.0 / 3.0 Sliding 1.50 Overturning 2.00 Bearing 3.00 Who is affected Project owners Budget ≥ 3 borings early Contractor Site criteria are law Design engineer Soil values match FS Old projects Transitional, Cl. 33
2D diagram — top: 1984 Regulation No. 6 → 31 Aug 2023 published in the Royal Gazette → 28 Feb 2024 in force (after 180 days) → 30 Aug 2024 Ministry of Interior Notification. Bottom: 5 key topics: soil investigation report ≥ 3 points (Clause 5) · no soil boring results, capped values apply (Clause 7) · spread footings ≤ 33% and Plate Bearing above 200 kPa (Clauses 15–16) · piles 40/50/40 and 75 mm deviation (Clauses 24–25, 28) · retaining walls FS 1.5/2.0/3.0 (Clause 31) (Image: SPN Soil Engineering)

Why was a new Ministerial Regulation needed?

Ministerial Regulation No. 6 (B.E. 2527 / 1984) was issued under the Building Control Act B.E. 2522 (1979) and had been in force for a very long time, while soil investigation technology, pile testing and design standards had moved far ahead. The Ministry of Interior therefore issued a new Ministerial Regulation in 2023 to modernize the criteria, align them with international standards and improve safety of life and property. Foundation requirements were split out into a dedicated regulation, alongside the Ministerial Regulation on Structural Design of Buildings B.E. 2566 (2023), which covers the superstructure.

In addition, there is a Ministry of Interior Notification (issued 30 August 2024), secondary legislation that sets out further technical details, such as design methods for spread footings and precast concrete piles, and criteria for testing soil bearing capacity and pile resistance — so design engineers need to read the Ministerial Regulation and the Notification together.

Structure of the Ministerial Regulation: 5 key topics

1. Soil investigation report (Clause 5) — which buildings, how many points

The following 4 groups of buildings must have a foundation soil investigation report for the construction site covering at least 3 investigation points to accompany the design calculations:

  1. High-rise buildings
  2. Extra-large buildings
  3. Large buildings that are controlled-use buildings and have 4 or more floors
  4. Buildings of 4 or more floors in land subdivision projects

The report must be prepared or certified by a “reliable institution” as defined in Clause 2 of the Ministerial Regulation, and must contain the full minimum content, such as a borehole location plan, soil layer data (Boring Log), field and laboratory test results, groundwater level and a summary of soil properties for design — see every item in What must a legally compliant soil investigation report contain? For guidance on the number and depth of boreholes for ordinary buildings, read How many boreholes, and how deep, are enough?

Example soil layer data (Boring Log) with SPT N-values from a soil investigation report
Example of soil layer data (Boring Log) with SPT values, part of the minimum content a soil investigation report must have under the 2023 Foundation Ministerial Regulation (Image: SPN Soil Engineering)

2. Without soil boring results (Clause 7) — the law sets very low capped values

For buildings outside the mandatory groups and without a soil investigation report, the law sets conservative "allowable bearing pressure" and "pile skin friction" values, which are lower than the values usually obtained from actual soil boring. As a result, footings must be larger and piles longer or more numerous — so soil boring usually pays off in total cost. Read the detailed comparison in Without soil boring, what values does the law allow?

3. Spread footings (Clauses 15–16) — FS ≈ 3 and the Plate Bearing Test condition

The allowable bearing pressure of soil under a spread footing may not exceed 33 percent (about one third) of the bearing capacity of the foundation soil (equivalent to a factor of safety of about 3), and to use an allowable bearing pressure above 200 kilopascals (about 20 t/m²) it must be verified by a Plate Bearing Test — read the legal conditions for this test in When does a Plate Bearing Test become mandatory? and the test principles in What is a Plate Bearing Test?

4. Pile foundations (Clauses 24–25, 28) — the source of the value sets the usable cap

The allowable resistance of a pile depends on the "source" of the value: the more reliable the method of proof, the higher the value the law allows (see the in-depth article with examples in How much load can a pile carry by law? The 40/50/40 criteria):

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Source of resistance valueApplicable up toFS equivalent
Calculated from the soil investigation report (static method)40% of ultimate resistance2.5
Tested by the static method (Static Load Test)50%2.0
Tested by the dynamic method (Dynamic Load Test) — must be calibrated against the static method40%2.5

Read the comparison of the two test methods under the new law in Dynamic vs Static Load Test: which should you choose?, with details of each test in Dynamic Load Test (PDA) and Static Pile Load Test

There are also important site requirements, such as: piles carrying more than 40 t each must comply with what the engineer responsible for the design and calculations certify (Clause 25); the design must accommodate pile eccentricity of at least 75 mm (Clause 28, see Pile deviation over 75 mm: what to do); and soil layers must be classified by law for skin friction calculation (see How does the law classify soil layers?)

Static Load Test on a pile with a Kentledge system in the field
Static Load Test with a Kentledge system — the test method for which the law allows the highest resistance value, up to 50% (Photo: SPN Soil Engineering)

5. Retaining walls (Clause 31) — all 3 FS values defined

Retaining walls must be designed to resist earth pressure, water pressure and other loads, with forces calculated as prescribed by the Minister, and retaining walls with a base must have minimum factors of safety in 3 respects: sliding 1.50, overturning 2.00 and soil bearing capacity 3.00 — read the details in Retaining walls under the new law

Do you need soil boring results for a building permit?

Short answer: not for every building — but since 28 February 2024, for the 4 groups above (high-rise buildings, extra-large buildings, large controlled-use buildings ≥4 floors and buildings ≥4 floors in land subdivision projects), soil investigation is no longer "optional". It is a legal requirement to have a report covering at least 3 investigation points before submitting the design calculations.

Two main laws currently govern the structural and foundation aspects of building permit applications:

← Scroll to see the full table →

LawIn Royal GazetteTakes effect
Ministerial Regulation Prescribing Building Foundations and Ground Supporting Buildings B.E. 2566 (2023) (Foundation Ministerial Regulation)31 August 202328 February 2024
Ministerial Regulation Prescribing Structural Design of Buildings and the Characteristics and Properties of Materials Used in Building Structures B.E. 2566 (2023)6 September 20235 March 2024

The 3D model below shows all 4 groups of buildings that the law requires to have a soil investigation report of at least 3 points, compared with an ordinary house that is not required to but should still have soil investigation.

3D model: which building groups must have a soil investigation report of at least three points under Clause 5 of the 2023 Foundation Ministerial Regulation A conceptual 3D view of a city block with five buildings on separate plots: one, a high-rise building 23 meters or taller; two, an extra-large building with a total floor area of ten thousand square meters or more; three, a large controlled-use building of four floors or more; four, a four-storey townhouse in a land subdivision project. All four groups have three orange pins on the plot, meaning a soil investigation report of at least three investigation points. A two-storey house has one dashed grey pin, meaning the law does not require it but soil investigation is recommended. The panel on the right summarizes the mandatory building groups, who prepares the report, and what to know for houses. 3D model: which buildings need ≥ 3 borings (Cl. 5) Not to scale 1 High-rise Height ≥ 23 m 2 Extra-large bldg Total ≥ 10,000 m² 3 Large controlled-use ≥ 4 floors 4 Townhouse ≥ 4 fl. in land subdivision 5 2-storey house Optional · advised = boring point Cl. 5: report ≥ 3 points Required for 4 groups (①–④) With design calcs Report by/certified by “Reliable institution” per the Regulation, e.g. gov't body, engineering firm, university Minimum content Boring plan · Boring Log Field/lab results GW level Design soil properties ⑤ House/small bldg Law doesn't require 3 pts, but calcs must cite soil values No boring → capped values per Cl. 7 (low, bigger footing) Some LAOs ask for boring Conceptual view, not to scale
3D model — ① high-rise building (23 m or taller) ② extra-large building (total floor area 10,000 m² or more) ③ large controlled-use building of 4 floors or more ④ building of 4 floors or more in a land subdivision project. Orange flags are boring points, at least 3 per project. ⑤ a 2-storey house is not required but recommended. Conceptual image (Image: SPN Soil Engineering)

The local official's view: design calculations must show a "source"

When reviewing a building permit application, the local official (local administrative organization, municipality, subdistrict administrative organization or Bangkok district office) checks whether the foundation calculations use soil values from a source the law accepts — with a soil investigation report, the engineer can use values from actual soil properties; without one, only the legal capped values may be used; and for buildings in the mandatory groups, a report of ≥3 investigation points is an indispensable document. In addition, local officials in some areas may ask for soil boring results even when a building is not in a mandatory group, especially in soft-soil areas, newly filled land or near water bodies.

What about 2–3 storey houses or small buildings?

For houses and small buildings outside the mandatory groups, the law does not directly require a 3-point soil boring report to be attached, but that does not mean you do not need to know the soil conditions, because:

  • Foundation calculations still need a source — foundations must be stable and strong enough to carry the building and transfer the load safely to the ground; the values used must be based on actual soil data or criteria the law accepts
  • Some local officials ask for soil boring results — even when a building is not in a mandatory group
  • The real risk is on site — house settlement and cracks from differential foundation settlement often result from guessing the soil conditions; repairs later cost many times more than one soil boring hole (see Signs of foundation problems)

In short: for small buildings, "not required by law, but recommended by engineering", especially for houses on piles or built on fill — read more in Does a 2-storey house need soil boring? and Why soil boring before building a house

Foundation documents to prepare for a permit application

  • Structural and foundation design calculations, signed by the design engineer
  • Foundation soil investigation report — at least 3 investigation points for buildings in the mandatory groups, with a borehole location plan, Boring Logs, test results and groundwater level
  • The report must be signed and certified by a civil engineer licensed by the Council of Engineers (COE), and prepared/certified by a reliable institution as defined by law
⚠️ Common reasons for rejection

A soil boring report without a certifying engineer's signature, or without the full content required by law, cannot be used to support the design calculations in a building permit application — always check before hiring that the provider delivers a complete report. See the checklist in What must a legally compliant soil investigation report contain?

Who is affected?

  • Project owners / property developers — subdivision projects with buildings of 4 floors or more must budget time and money for ≥3 soil borings from the design stage
  • Contractors — pile testing criteria and site tolerances (such as pile eccentricity) are set by law, not just by the project specification
  • Design engineers — calculations must cite the source of soil values consistent with the legal FS
  • Existing projects — projects that applied for or received a permit before 28 Feb 2024 are covered by a transitional provision (Clause 33) allowing the old criteria to continue to apply

Summary: what the 2023 Foundation Ministerial Regulation changes

The 2023 Foundation Ministerial Regulation turns many "good practices" into "legal requirements" — from the number of soil investigation points and the factors of safety for every foundation type to the pile testing criteria. Anyone starting a new project should plan soil investigation and pile testing to comply with the law from the outset, to avoid setbacks when applying for a permit.

📌 Disclaimer

This article summarizes the key points of the law for general understanding only. It is not legal advice or project-specific engineering advice. Actual design and document submission should be carried out by a licensed civil engineer, and the full text of the Ministerial Regulation should always be checked.