Real Estate Investment in Thailand for foreigners (land separated from the house)

A building in Thailand (as opposed to his land) may be in the possession and ownership can be transferred, separated from his country. However, buildings in Thailand (except for units in a registered condominium) that have no title deed document.

to judgments of the Supreme Court, a house or building is based in Thailand Land, considered as a separate plot of the. Proof of ownership of a building in Thailand:

1st the name of the person on theBuilding permit is considered the owner of the building, or 2;
2nd Name as the buyer on the previous official State House for sale "agreement is valid for the owner.

As part of a separate land can be transferred from his land. This must be in writing and registered by the competent authority (ie the Thai Land Department). Note that a "house book" or "blue or yellow book" (or Ta.Bian.Baan Tabien or train) an administrative document issued byby the local administrative authority Office and not the Land Department, in this book is certainly no evidence of ownership (eg you can not transfer the ownership of the house by booking a house!).

If a foreigner buys a property in Thailand, the country part of leasehold agreements may be sold under 30 years (not as a foreigner own land) and the house can be sold separately from the property owner. This means that a lease and a purchase contract for the houseis determined by the seller that offered both specifying the terms of the lease and the terms of the sale of the building / house.

Both the lease and the house must be registered with the Land Department, and transfer taxes must be paid.

When you buy a development "of the plan" instead of a purchase contract for the house, may in addition to the lease, offered a separate construction agreement (in this case, the building permit must be in a foreign name).

Sellers of real estateProperty in Thailand often offer a lease for land and house, 'but the least advantageous structure for foreigners - and not from a legal perspective recommended (ie required by law, the weakest structure). In order to improve an alien's interest in land in Thailand a "right of superficies" at the Land Department (the registered right of ownership of a building on foreign land) improves the farmers the position of the expiration or termination of the. Lease

Rights of ownership of a building in a foreign country have directly relates to the use or someone else's country. You can lose your rights under a lease, but your rights under the law of superficies may be enforceable and could remain a right to compensation for the value of the house.

In Thailand, the procedures for the transfer of an existing house is as follows:

1st The parties need to present themselves to the local State Officeannounce the sale. This is part of the official procedure and separated from the private contract between the parties

If a party can not participate, the country office (eg the alien abroad), a proxy can be ordered. In this case, the State official proxy form (document Tor Dor 21) is required.

Documents at the Land Department is required: (1) Tor Dor 21 (if applicable), and (2) building permit, or (3) Previous State contract, and the Ta bianBaan, ID's of the parties (or passport or ID card)

2nd The Land Office Edition 4 copies of the application of the sale of a structure (public notices), up to the Oder Bor Tor, the district administration, the Office Kamnan be made and the building itself to see for a 30-day notice (if anyone wants to contest ownership)

3rd After the 30 days of public notice, the parties must present themselves again at the official State contract signed, the actual transferOwnership.

Proof of ownership of the house can either be the official State contract, as to enable the country office or building, signed in the name of the owner.

Written for Thailand Law Online