Attawit questions why Bangkok does not send data centers for factory status inspection but waits until the buildings are operational. He points out that the solution is for the Department of Industrial Works to issue a ministerial regulation declaring them as “Factory Type 108” to enable zoning control.
4 Sep 2026 GMT+7 Mr. Attawit Suwanpakdee a party-list Member of Parliament for the United Thai Nation Party revealed viaFacebookthat every government invites foreign investors to invest in Data Centers to move toward a digital economy, but legal preparations have not kept pace. Bangkok, as the first authority to review construction permits, has overlooked this and allowed data centers to be built in central urban areas through legal loopholes.
“Did Bangkok really not consider that if it referred the matter to the Department of Industrial Works for interpretation under Section 5 of the Factory Act, whether these fall within industrial factory scope, the outcome would be entirely different?”
Attawit continued that the solution now is for the Department of Industrial Works to urgently interpret whether data centers qualify as factories under Section 5 of the Factory Act and whether they fit within the 107 factory categories. If unclear, a ministerial regulation should immediately declare data centers as Factory Type 108, since constitutional procedures take up to 60 days.
“Once classified as factories, data centers would be subject to immediate control under the law, including city planning laws that prohibit them in residential zones, require Environmental Impact Assessments (EIA), and allow the Ministry of Industry to inspect and regulate pollution, noise, heat, and safety comprehensively... Laws exist and must be enforced.”