Ian3005

On 9/28/2021 at 9:44 AM, Sqoop said:

Stay on site during the build to watch progress. Correct errors as they happen and watch quality of materials. 

Appears there are no guarantees on work done over there.

I had retaining walls built and after a heavy rain one wall is collapsing.

The builder went into hiding and says it's not his problem.

I'. used to at least a 7 year warranty on faulty workmanship.

On 9/6/2021 at 6:49 PM, bwanajohn said:

Lots of good advise in the above

    Remember that the SSW side of the house will get very warm at the end of the day so if those are bed rooms make sure that 3Mt deck runs along there. Use Bamboo blinds on the deck at the rail edge ,cooling and creates a lovely ambience. I use the blinds to block sun in the winter when its low and to block  some of the heat rising up from the valley in the hot season. 

I prefer AAC block to double brick and I think it holds and transfers less heat.

   I vent the black water where it enters the house with two inch pipe up over the eave rather than the thai style  of a 1 inch pipe out the top the septic tank. I think its more effective. Grey water I forgot to put P traps in the shower but was able to buy some very neat little rubber things that fit in the drain and look like a heavy duty condoms with the end cut off ,They open when water flows and close back up when empty . We had abit of smell before we got those. I actually think alot of the smell in Thai bathrooms is from the grey water not the loo, where they are separate systems.

  I agree with not going for security bars . With battery powered tools B&E is simple as these days,

  a battery operated saw in  three minutes  can cut the whole lockset out of the wooden door or make whole large enough to reach in and unlock it all.

    My neighbours are adamant there are no thieves  in the village and all new faces are suspect, but they all have security bars.

  We have built several houses, 2 in Thailand one in NZ and 3 in Canada. The two in Thailand are in Chiang mai province at 1000metres above sea level so we have a very unique climate . A few nights in winter it gets down to close to frost 2C and lots of single digit nights and in the hot season 

it will hit 40. Not this year though because we had a very rainy April from the very first day,

   In the rainy season its consistently 19 to 21 at night and 26 to 30 in the day ...occassionally a couple degrees  hotter if the sun is out all day. We wanted a house that needed no heat or AC . Thats worked out quite well.  Our kitchen living dining is open air and in the dead of winter its too cold in the late evening in the open parts of the house so we retreat to the closed off rooms.

 Breakfast when its gone down to 2 at night is time to channel my inner Canadian spirit and put on my snugglies and a toque .It warms up pretty quick and we have a sunny spot on the back side of the house for morning coffee.

    Although not the most efficient use of materials a long narrow house one room thick allows great cross ventilation and the deck doubles as a hall ways. Rooms can be interconnected as per use.

    I think cavity walls would be the best and my next project will be a steel framed house with insulated cavity much like the stick frame they build in Canada.  A lot of people think insulation is just for the cold but it aint so. I think you can easily get close to R 20 with this method and nothing else will come close to that.

    With AAC block our rooms stay about 6 to 10C degrees cooler than the outside if we are conscientious about closing up during the day and opening in the evening but at some point in March  April it will get overwhelmed if we have a couple warm nights and hot hot days.

      I think our climate is unique here and so probably not everything will be applicable. I think our village has the highest above sea level hospital,high school and 7/11

 Good luck and have fun.

      Dont build two storeys with out a convection chimney and preferably an outdoor covered stair case . I ve rented two and three storey houses here and with out AC the upper floors are hot hot hot almost all day all year.

 Plant trees  lots of them

   My two satang ...hope it helps.

BwanaJohn.... Sounds like you either lived in The Rhodesia's or South Africa at some stage.

I was born in Northern Rhodesia (Zambia) and lived in South Africa for 10 years so I'm familiar with the term Bwana. LOL

I purchased land in the Chaing Kham rural are hoping to build and see the rest of my life out over there in a rural village with peace and quiet.

Covid and a cheating wife have stalled progress. LOL

I'm having difficulty getting building rates THB/M2 s I can prepare a budget.

On 9/6/2021 at 6:49 PM, bwanajohn said:

 

Great advice again. Thank you.

I have looked at several builders and when I see Western influence on the design and style I look at who the owners/directors are in I find Norwegian or Danish people in the mix.

The Thai style of building is dodgy to me and expensive for what you get.

The ratios are all incorrect and those concrete pillars they use drive me nuts.

I had plans drawn up in Thailand for a 6 bedroom home based on a western design.

The building estimates I got was in the region of 6-7 million THB. Way above my budget.

I now look at Thai plans that are close to western design.

The average price I can get is 11,500Thb per square meter, The most expensive was 16,500Thb. The lowest 9,500thb but I question the material grade at that price.

The Thais are big on the look from the outside whereas I look at functionality on the interior.

I will be looking at ways of reducing costs.

I have been watching constructions in Sydney Australia and talking to tradesmen and builders on methodology.

You mention Aerated concrete blocks.

The latest building that went up in my street was completed in 3 months - 10 bedrooms 6 bathrooms etc (Duplex housing) using Aerated Autoclaved Concrete slabs.

I'm waiting to get inside to look at the quality of workmanship.

A similar building went up in the next street and that has taken 8 months longer and still not completed using traditional methods.

Any links you have on the grade of building materials in Thailand would be appreciated.

I believe there are 4 grades A,B,C,D.

I was shocked at the price of electrical fittings, switches and GPO's (General Power outlets).

I watched a Thai friends house built in Thailand and for what they got for 2 million thb I believe they were taken for a ride.

As usual... great to chat.

On 5/5/2021 at 3:18 PM, khunPer said:

Thanks.

No I'm not a lawyer, I just try to be informed about areas important to me and my family (Thai girlfriend and our daughter), I live on Koh Samui.

 

There are various advises about protecting one's investments in Thailand, which should be chosen to suit various individual needs.

 

My lawyer in Thailand told me, that register a loan-servitude by the land office makes it impossible to transfer land without the loan, and eventual interest, is fully paid; for example the buying value of the land plus whatever invested in buildings. But that would be impossible with land owned by a minor, as a loan servitude declared before transfer to a minor, probably would not be valid during a transfer, and difficult, if not impossible, to register after a land transfer to a minor. You could check with you lawyer about that possibility, or perhaps your lawyer knows about a better way of protection.

A last will is always advisable, and can in some cases be very important. For foreigners that often means two last wills, one for assets in the foreigner's home country, following the law and rules there, and another last will for assets in Thailand, following law and rules here. There is a present no inheritance tax in Thailand.

 

Before transferring land to a minor you should have all necessary servitudes registered. You can also look at "right of habitation", which gives a person the right to live in a property without paying any fees...

Source link and read more HERE.

????

Now I'm onto the subject of what is entailed in building a house in Thailand.

One has to be very aware and vigilant based on what I read.

One has to be on site and have some idea how they operate in Thailand.

I will not be building the traditional Thai house.

There appear to be Thai builders that are adopting Western designs.

I move from building site to building site in Sydney talking to builders and watchin what happens in the process to familiarize myself.

On 5/5/2021 at 3:18 PM, khunPer said:

Thanks.

No I'm not a lawyer, I just try to be informed about areas important to me and my family (Thai girlfriend and our daughter), I live on Koh Samui.

 

There are various advises about protecting one's investments in Thailand, which should be chosen to suit various individual needs.

 

My lawyer in Thailand told me, that register a loan-servitude by the land office makes it impossible to transfer land without the loan, and eventual interest, is fully paid; for example the buying value of the land plus whatever invested in buildings. But that would be impossible with land owned by a minor, as a loan servitude declared before transfer to a minor, probably would not be valid during a transfer, and difficult, if not impossible, to register after a land transfer to a minor. You could check with you lawyer about that possibility, or perhaps your lawyer knows about a better way of protection.

A last will is always advisable, and can in some cases be very important. For foreigners that often means two last wills, one for assets in the foreigner's home country, following the law and rules there, and another last will for assets in Thailand, following law and rules here. There is a present no inheritance tax in Thailand.

 

Before transferring land to a minor you should have all necessary servitudes registered. You can also look at "right of habitation", which gives a person the right to live in a property without paying any fees...

Source link and read more HERE.

????

I may not have answered your question about my age. 73 years old.

Just now, Ian3005 said:

 

My ex wife is now getting worried that I'm on top of things and how the system works in Thailand, especially when I raise the subject of lawyers. LOL. 

Keep them guessing and say nothing.

On 5/6/2021 at 5:19 PM, Ian3005 said:

The land I paid for is fully paid for.

The Title teed is Chanote or Nor Sor 4. It has been surveyed and the survey posts located.

That was fortunate as there has already been a dispute with a neighbor at the rear of the property.

 

The land is in my ex- Thai wifes name and it is the 30 year lease that want from her before I consider building.

Everything I do is for the son so I have no resistance at present.

The son is only 9 years old so I will have to wait till he turns 18 so I can have the land and house transferred to his name.

In the mean time I just want to protect my assets and investment in the land and development.

 

Again I must thank you for your informative Reponses. Most appreciated.

When it comes to money I trust no one as I have been in business most of my life.

The announcement of my wifes departure was premature as no building development had started. Hence the search for means of protecting my investments.

 

 

On 3/2/2012 at 5:46 PM, Kwasaki said:

ans.1. Most people can do this if they want to.

ans.2. Thai wife will make it easier for you to live in Thailand, some would disagree.

ans.3. Your lifetime pension OK, You will need a non immigrate 'O' visa, legally married to a Thai wife showing payment of 40,000 baht a month paid into a Thai bank account in your sole name, or 400,000 baht in the account for 3 months some provinces 2 before application for 1 year marriage extension visa.

Or a retirement 1 year extension, over 50 yr, 'O' visa, 65,000 bht a month or 800,000bht.

ans.4. Never seen that myself, maybe some do but generally not true.

ans.5. Never heard of that unless they want to, some in our village are more than 150 year old and plus.

ans.6. You don't have too.

ans.7. No problemo.

ans.8. Yes.

ans.9. Yes.

ans.10. No issues at all, unless you want to live in the far Thai South.

ans.11. There's nothing to be concerned about IMO.

Ride to live. K

I would be extremely careful.

It is not uncommon for foreigners to be taken for a ride.

Very easy to "Do your Dough" and you will not have a leg to stand on.

Make sure you have a 30 year SUPERFICIES Contract drawn up before you build.

Right of Superficies (part of Thailand property land laws) is a registered property right that separates ownership of the land and anything on or in the land (plantations and/or a structure).

One person owns the land (cannot be a foreigner), another person owns everything on or in the land (can be a foreigner) but has no ownership rights in the land itself.

In the French legal system superficies is called 'droit de superficie', in Germany 'Erbbaurecht' in the Netherlands 'recht van opstal'.

The superficies (สิทธิเหนือพื้นดิน) agreement in Thailand specifies the terms and conditions upon which the right of superficies is granted. A superficies is not complete until signed, witnessed and registered with the local branch or provincial land office where the land is located.

By registration on the land title deed the right of superficies becomes a real right attached to the land, as opposed to a contractual right.

Make sure all plans and invoices related to the construction of the house is in your name and that all payments are by bank transfer from an account in your name.

This will make the registration of the house in your name (Yellow book) easier and legal.

On 5/5/2021 at 3:18 PM, khunPer said:

Thanks.

No I'm not a lawyer, I just try to be informed about areas important to me and my family (Thai girlfriend and our daughter), I live on Koh Samui.

 

There are various advises about protecting one's investments in Thailand, which should be chosen to suit various individual needs.

 

My lawyer in Thailand told me, that register a loan-servitude by the land office makes it impossible to transfer land without the loan, and eventual interest, is fully paid; for example the buying value of the land plus whatever invested in buildings. But that would be impossible with land owned by a minor, as a loan servitude declared before transfer to a minor, probably would not be valid during a transfer, and difficult, if not impossible, to register after a land transfer to a minor. You could check with you lawyer about that possibility, or perhaps your lawyer knows about a better way of protection.

A last will is always advisable, and can in some cases be very important. For foreigners that often means two last wills, one for assets in the foreigner's home country, following the law and rules there, and another last will for assets in Thailand, following law and rules here. There is a present no inheritance tax in Thailand.

 

Before transferring land to a minor you should have all necessary servitudes registered. You can also look at "right of habitation", which gives a person the right to live in a property without paying any fees...

Source link and read more HERE.

????

The land I paid for is fully paid for.

The Title teed is Chanote or Nor Sor 4. It has been surveyed and the survey posts located.

That was fortunate as there has already been a dispute with a neighbor at the rear of the property.

The land is in my ex- Thai wifes name and it is the 30 year lease that want from her before I consider building.

Everything I do is for the son so I have no resistance at present.

The son is only 9 years old so I will have to wait till he turns 18 so I can have the land and house transferred to his name.

In the mean time I just want to protect my assets and investment in the land and development.

Again I must thank you for your informative Reponses. Most appreciated.

When it comes to money I trust no one as I have been in business most of my life.

The announcement of my wifes departure was premature as no building development had started. Hence the search for means of protecting my investments.

Just now, Ian3005 said:

Again. Thank you for straight answers.

I'm indebted to you.

Are you a lawyer?

Where are you located?

 

It has always been my intention to develop the land and build a house so the son has fixed roots and always knows he has somewhere to go and live.

I have to prevent the mother from squandering the chances for the son.

On 5/3/2021 at 7:40 PM, khunPer said:

A minor can own land, but it will be extremely difficult for the guardian(s) to do anything with the land, as long as it's owned by a minor. All registered agreements, i.e. servitudes, normally need to be in place before the land is transferred to a minor, otherwise a court order is needed, which can be difficult to obtain. In Thailand a child/person is minor until the age of 20 years.

 

A 15 years old person can open a bank account, have an ATM-card, and can partially consent, but cannot control land or property trading, including securities.

Again. Thank you for straight answers.

I'm indebted to you.

Are you a lawyer?

Where are you located?

On 5/1/2021 at 1:59 AM, khunPer said:

Yes, you can lease from 3 and up to 30 years. To be legal, such an agreement need to be registered as a servitude in the local land office. Such a registration on the back of the title deed protects your lease rights, and your lease will be valid even if the land is sold or transferred to another owner.

 

I presume that the title deed shall be of nor sor 3 or chanote (nor sor 4) title, to be able to do that, check with a lawyer, if the title deed is lower. If nor sor 3 get it upgraded to chanote, i.e. full ownership.

 

When registering a lease, a fee is going to be paid for the full leasing period. If I remember right, and nothing has been changed, it's about 1.1 percent of the total lease sum.

 

Make the lease agreement transferable, including sub-lease, so you have the freedom to sell "your" property, i.e. the remaining lease period's value, or rent-out "your" property.

 

You can read more a lease agreements HERE.

 

To build a construction on leased land, you will need a permission from the owner of the land.

 

It's correct that foreigners can own a house – I'm the owner of my house – but not the land under the house.

 

You need a superficies, or similar, agreement; you can read more about superficies HERE.

 

Very important is,

• that architect drawings are made in your name as owner
• that building permission is issued in your name
• that any construction contract are agreed be between you and the builder(s), and signed by you
• that all payments to building constructor(s), preferably money transfers, comes directly from you, preferably transfer from your bank account to the constructor's bank account (keep receipts and/or bank statements)
• that all bills, invoices and other documents carry your name as buyer

-as the above documentation is your (only) proof of ownership.

 

If you sell your house, it's separated from the land, and the next owner can (to my knowledge) be registered as owner.

 

When your construction is 80 percent, or more, complete, you can have a blue house book for the house, which includes an official house number (address). You can be registered as "master of the house" ( "house master"), and you will then be the only person that can accept any name to be included in the blue house book as residents in the house.

 

Your own name cannot be in a blue house book – it's only for Thai citizens and persons that have been granted permanent residency – but you can apply for a yellow house book for aliens, which will work nicely as proof of address, and permission to apply for a pink ID-card for foreigners. Furthermore, the yellow house book is proof of that you live in the house, and therefore that you shall not pay property tax of the first 10 million baht of the house's value, as it's used for primary residence (new present land tax-rules).

 

The house book is however not a legal proof of ownership.

 

My lawyer always said that to protect one's investment in property, one can have a loan, which equals the investment, declared as servitude on the land's title deed. In that way the land cannot be sold, or transferred to another person, without the loan, and eventually interest, is fully paid. You should check that possibility with your lawyer.

????

 

Edit/PS: Be aware on the risk of contracts between husband and wife can be declared void.

On 5/1/2021 at 1:59 AM, khunPer said:

Yes, you can lease from 3 and up to 30 years. To be legal, such an agreement need to be registered as a servitude in the local land office. Such a registration on the back of the title deed protects your lease rights, and your lease will be valid even if the land is sold or transferred to another owner.

 

I presume that the title deed shall be of nor sor 3 or chanote (nor sor 4) title, to be able to do that, check with a lawyer, if the title deed is lower. If nor sor 3 get it upgraded to chanote, i.e. full ownership.

 

When registering a lease, a fee is going to be paid for the full leasing period. If I remember right, and nothing has been changed, it's about 1.1 percent of the total lease sum.

 

Make the lease agreement transferable, including sub-lease, so you have the freedom to sell "your" property, i.e. the remaining lease period's value, or rent-out "your" property.

 

You can read more a lease agreements HERE.

 

To build a construction on leased land, you will need a permission from the owner of the land.

 

It's correct that foreigners can own a house – I'm the owner of my house – but not the land under the house.

 

You need a superficies, or similar, agreement; you can read more about superficies HERE.

 

Very important is,

• that architect drawings are made in your name as owner
• that building permission is issued in your name
• that any construction contract are agreed be between you and the builder(s), and signed by you
• that all payments to building constructor(s), preferably money transfers, comes directly from you, preferably transfer from your bank account to the constructor's bank account (keep receipts and/or bank statements)
• that all bills, invoices and other documents carry your name as buyer

-as the above documentation is your (only) proof of ownership.

 

If you sell your house, it's separated from the land, and the next owner can (to my knowledge) be registered as owner.

 

When your construction is 80 percent, or more, complete, you can have a blue house book for the house, which includes an official house number (address). You can be registered as "master of the house" ( "house master"), and you will then be the only person that can accept any name to be included in the blue house book as residents in the house.

 

Your own name cannot be in a blue house book – it's only for Thai citizens and persons that have been granted permanent residency – but you can apply for a yellow house book for aliens, which will work nicely as proof of address, and permission to apply for a pink ID-card for foreigners. Furthermore, the yellow house book is proof of that you live in the house, and therefore that you shall not pay property tax of the first 10 million baht of the house's value, as it's used for primary residence (new present land tax-rules).

 

The house book is however not a legal proof of ownership.

 

My lawyer always said that to protect one's investment in property, one can have a loan, which equals the investment, declared as servitude on the land's title deed. In that way the land cannot be sold, or transferred to another person, without the loan, and eventually interest, is fully paid. You should check that possibility with your lawyer.

????

 

Edit/PS: Be aware on the risk of contracts between husband and wife can be declared void.

KhunPer

Many thanks for that valuable information.

Most appreciated.

I believe that a person 15 years or older can own land.

It has been suggested that the legal owner of the land can bequeath the land to a minor who will tale possession once the age of 15 is reached.

Everything I have done in Thailand is for the son who is now 9 years old.

If there is some guarantee that he can take possession of the land at 15 then I will be satisfied and proceed.

Otherwise I will see the developed land and take a loss.

1 minute ago, LukKrueng said:

1. If you're married you can't get a lease (between husband and wife) 

2. The land office doesn't care what you have on your land. They only register land. Not what's on it.  The only time I heard about separate deeds to the house and to the land is in a developer community. Never seen such deeds, though. 

Depending on your location, you'd have to ask for a building permit. After the house is built,  apply for an address (rural areas), apply for a blue house book (in which you can't be registered unless you are a PR) so you could connect to electricity. None of the documents you get throughout the process indicate ownership of the house, which in any case is useless without ownership of the land. 

Thanks for that insight.

Screwed no matter which way you look at it.

11 hours ago, blackcab said:

Ask your wife if she will grant you a lease. If she declines to do so then you cannot make her.

I will make her life hell. LOL

I have enough dirt on her to ruin her reputation in the community.

Just now, ericthai said:

 

You should've bought her a matchbox car of a Mercedes and given it to her for Christmas!!! ????

Just now, ericthai said:

 

You should've bought her a matchbox car of a Mercedes and given it to her for Christmas!!! ????

Just now, BenDeCosta said:

It doesn't matter how well you think you know the person. If not getting the money back will cause you a problem then don't lend it because this is what will most likely happen. If you're rich enough just gift the money, if not then tell her to go and borrow from a bank.  

As my grandfather drilled into us "Neither a borrower or a lender be"

2 hours ago, damen said:

You can borrow her at your comfortable amount, however you must have a mindset that he/she may not return you back. 
 

In my own experience, you can do a legal iou and been certified by officials such as some police from the station or lawyers. 
 

and Maximum Interest is 15% per year. Interestshall not exceed 15% per year; when a higher rate of interest is fixed by the contract, it shall be reduced to 15% per year.

 

this is the legal rate in Thailand. He/she could report you to police if the interest deem too much.

 

And remember to have a witness, video cam as a prove.  

Damen.... if you are a Farang it doesn't matter what documents you have. Farangs have no say or rights.

Beats me why Thais are always in debt.... up to their eyebrows some of them.

Breeds animosity. 

7 minutes ago, VBF said:

Funny.....As soon as I see a Farage  I start nauseating......  ????

Spill chickers are winderful thongs, aren't they? 

Just now, BritManToo said:

Not so bad then.

Bad enough. Luckily I couldn't build the 3 million THB house because of covid and Australian immigration issues relating to my wife's PR visa

3 minutes ago, BritManToo said:

How much did you spend on the land and house in her name?

Just wondering.

Just on 2 million THB for land and improvements preparing for building.

2 hours ago, IraqRon said:

I have a farange friend whom lost a lot of money by the Jumrong scheme.  The woman just went to her local land office and got a duplicate chanote and sold the house and land which was resold further on before he found out.  He spent lots of money and court time and got a finding against her, but of course she was unable to pay and he got nothing.

Seems she had a local reputation for swindeling farangs in this manner.

Even wonder why there are no title insurance companies in Thailand????

That is it in a nutshell.

A Farang is seen as an ATM. When the ATM runs out of cash they change banks (Farang).

Just now, BritManToo said:

Oh dear,

If you'd asked earlier we would have all said, "Don't do it"

Now you're completely at her mercy.

Two can play that game. I will ensure she is deported and ruin all her plans.

I was lucky enough to gather intel along the way over 6 years of marriage that could ruin her reputation.

The Thias love juicy gossip. LOL

11 hours ago, RobMuir said:

Yes, good point.

 

Will be in my trusted Thai business partners name. We have a company together (he funded his share, not just a nominee). We might even put it through the company.

 

I was hoping to get some real life info from someone experienced with that also.

As the Thai lawyer I spoke to said.... remember that you are a Farang and with the Thais they stick togetehr and blood is thicker than water.

As soon as they see a Farage they star salivating...... In the past I always had my ex wife talk to whoever we were getting work done by Thais as the price was the "Thai price". Had they seen me the price would have been 50-70% higher

10 hours ago, Peterw42 said:

You don't go anywhere to obtain a lease. You as the lessee and your wife as the lessor both sign a lease agreement (blank ones are downloadable from the internet) and take it to the land office to be registered on the Chanote.

When you build a house, you get the building permit, you pay the builder etc, then you go again to the land office and register the ownership of the structure.

You are just the owner of the structure, there is no real estate title deed etc, it comes under the Civil and Commercial Code (the same as a Rolex watch or Picasso painting) not land title act etc. 

 

At the end of the day, the lease insures your ongoing access to the property, you may own the structure but it doesn't have any inherent or sellable value unless you can arrange to on on sell the lease and structure at the same time.

Thanks Peterw42. 30 years will do me a I will not be alive then so it won't matter.

I just want to ensure I'm secure while I'm still alive.

The ex wife is money hungry and loves all the brand name clothing and thinks nothing of spending $6,000 on a Louis Vuitton bag.

I believe she walked out as I would not loan her money or buy her a Mercedes Benz AMG or a Porche Cayenne like her friends got for a Christmas present.

I also refused expensive holidays in Switzerland.

I also refuse to have my name appear on any of the leases or loans she made when suggesting she was going to open a business in Sydney.

What is that saying...? "No money no honey".

In my observation and experience with two of them, Thai women are money hungry and get shi**& when you say no to any request.