Data centre rules slip to early 2027, new projects may wait

Data centre and cloud investment in Thailand is expected to reach about 189 billion baht in 2026. Yet the rules investors are waiting for, on where a data centre can go and what it must meet, are still not out.

The government had aimed for its data centre rules to take effect by mid-October 2026, but missed that target. On 19 October, Nan Boonthida Somchai, deputy minister of digital economy and society (DES), said she hopes to see the rules take shape in the first quarter of 2027, but could not confirm the timeline, Krungthep Turakij reported.

In the meantime, projects that have applied to the Board of Investment (BOI) or registered interest with it, but have not started building, may have to hold off. Projects under construction that already have customers but lack permits, mainly for electricity, cannot open yet (Bangkok Post).

SV News sums up where the rules are stuck, what the drafts under discussion say, and who needs to prepare what.

The rules are stuck on where data centres should go

The open question is what kind of industry a data centre is.

The answer decides land use, zoning and where a project can be built. Nan said some areas allow building under zoning rules but lack enough power, water or telecom capacity (Krungthep Turakij).

The government has yet to choose between two paths: using zoning colour codes, or grouping projects mainly in the Eastern Economic Corridor (EEC), where power is ready but water must be enough for both factories and households. Put simply, the government cannot yet say where data centres should go.

The Data Center Policy Committee, the national body that oversees the sector, first met on 4 September. It gave agencies a month to write minimum standards and paused construction and new permits until those standards were clear (the Nation).

At the time, data from 16 agencies showed 35 data centres operating, about 49 under construction and more than 117 waiting for permission. That means more than three times as many projects were waiting as were already open.

On 20 September the Nation reported that Danucha Pichayanan, secretary-general of the National Economic and Social Development Council (NESDC) and the committee's secretary, still expected the rules by mid-October.

Nan said the main pressure comes from investors who have already committed to Thailand and are waiting for clarity, the Bangkok Post reported.

We do not want delays or they might move their investments to other countries.

Draft rules cover four areas, from backup fuel to power prices

The drafts under discussion cover four main areas, and none of them is final.

• Backup fuel (proposal): data centres storing more than 90,000 and up to 180,000 litres of backup fuel would have to be at least 100 metres from homes, schools, hospitals and temples. Those storing more than 180,000 and up to 500,000 litres would have to be at least 200 metres from public zones (Krungthep Turakij, Bangkok Post).
• Registration (draft): data centres with a total facility load of 0.5 MW or more would register with the DES ministry. The committee agreed this as a first step on 23 September (Krungthep Turakij) and approved it in principle on 1 October (NESDC).
• Size classes: on 1 October the committee agreed to sort data centres into five sizes by electricity use, up from three, and to give data centre buildings their own legal definition, separate from "large buildings" (the Nation).
• Power prices: operators buying clean power through a direct power purchase agreement (Direct PPA), or using renewable energy, would get a special lower rate. Those using power from the regular grid would pay a higher standard rate.

The fuel proposal was reviewed by the economic integration subcommittee, chaired by DES Minister Chaichanok Chidchob. Projects in industrial estates would face different conditions, and meeting the minimum would not guarantee approval.

The registration rule must still clear Prime Minister's Office procedures (NESDC).

Data centres already open still need complete permits

The new rules will not apply retroactively, but existing operators still have work to do.

Nan stressed that existing projects remain under current law (Bangkok Post). Operators must comply with the law in force and check that their permits are complete, for fuel storage, electricity use and network connections (MGR Online).

After the 1 October meeting, Deputy Interior Minister Polapee Suwunchwee said the government would set a transition period for operators that have invested in construction or begun services but miss the new criteria (the Nation).

Before that, after its first meeting on 4 September, the committee said the minimum standards would also apply to existing operators, which would be given time to adjust (the Nation). Existing operators should therefore watch how long the transition period will be.

Hundreds of billions of baht are waiting on these rules

The delay touches a large pool of investment.

On 19 October the National Board of Digital Economy and Society Office (BDE) forecast public and private investment in Thailand's digital infrastructure at about 335 billion baht in 2026 and about 641 billion baht in 2030 (Bangkok Post).

Data centres and cloud make up 189 billion baht of the 2026 figure and 391 billion baht of the 2030 one, more than half of all digital investment in both years.

AWS, Google and Microsoft have each committed at least US$1 billion to cloud in Thailand, as SV News reported on 18 October.

Prime Minister Anutin Charnvirakul discussed data centre standards with Google executives in New York on 23 September. Google's US$1 billion commitment covers a data centre in Chonburi and a Google Cloud region in Bangkok (the Nation).

The full committee and the Cabinet must sign off first

The next thing to watch is the full committee's decision.

The committee, chaired by Deputy Prime Minister and Finance Minister Ekniti Nitithanprapas, was due to meet on Wednesday, 21 October, to review progress from its four subcommittees (Krungthep Turakij). By 22 October no decision had been announced.

The Nation reported on 1 October that the criteria combined from all the subcommittees must pass the full committee first and then go to the Cabinet. At the time, the aim was to finish them the following week.

If you plan to use a new data centre in Thailand, ask the provider whether its permits are complete, especially for electricity. Projects without complete permits cannot open yet.

FAQ

When will Thailand's data centre rules be final?

The deputy DES minister hopes for the first quarter of 2027 but could not confirm it. The earlier target was mid-October 2026.

What happens to projects that have applied to the BOI but not started building?

The deputy minister said they may need to hold off until the rules are clear.

Do the new rules apply to data centres already operating?

The deputy minister said they will not apply retroactively to existing projects. But the committee has said the minimum standards will also apply to existing operators, with time to adjust, and the government will set a transition period for operators that have invested in construction or begun services but miss the new criteria.

Which data centres would have to register with the DES ministry?

Those with a total facility load of 0.5 MW or more, under a draft policy the committee approved in principle on 1 October 2026. It is not yet final.

Sources

• Bangkok Post: Investors await data centre rules
• Bangkok Post: Data centres and AI to fuel digital investment boom
• Krungthep Turakij: ปลดล็อกกติกา 'ดาต้าเซนเตอร์' รับเม็ดเงินล้านล้าน บอร์ดใหญ่ถก 21 ต.ค.นี้
• MGR Online: บอร์ดดาต้าเซ็นเตอร์ เร่งปิดจ๊อบเกณฑ์กิจการ หวั่นทุนล้านล้านถอดใจ
• Krungthep Turakij: 'บอร์ดดาต้าเซ็นเตอร์' สั่งธุรกิจ Data Center ขนาดตั้งแต่ 0.5 MW ต้องจดแจ้งกับ 'DE'
• NESDC: การประชุมคณะกรรมการนโยบายการประกอบกิจการดาต้าเซ็นเตอร์ครั้งที่ 3/2569
• The Nation: Thailand halts data centre construction and approvals ...
• The Nation: Thailand targets mid-October data centre rules with proposed 100 MW hyperscale threshold
• The Nation: Thailand approves separate legal definition of data centre buildings
• The Nation: Anutin and Google discuss Thai data centre standards and US$1bn plan on September 23