House Registration

[mirage]

Can a long term expat give some advice please.

Friends of mine have just completed their 30 year lease contract on a piece of land in Essan. He and his wife are both foreigners and his name is now on the land title. He now intends to build a house on this land.

The questions that I need answered so I can advise him are.

1. Can he register the house in his name as the lease holder, or does it have to be registered in the Land owners name ?.

2. basically the same questions for water and electric connections.

[ubonjoe]

Not specific for Isaan so moving to here.

[mirage]

17 minutes ago, ubonjoe said:

Not specific for Isaan so moving to here.

Do you have any info on this ubonjoe ?.

[MikeyIdea]

You don't need the land owners permission to build if the lease agreement specifically states that you are allowed to do it, need permission if that statement is missing. Someone else will confirm exactly what you can put in your name, I think it is the building permit but not certain

 

You can go to "pannääk Yååtaa" at the amphur / tessabaan (everything to do with the house is done at the amphur, land = land department)

 

pannääk means department, double consonant means short vowel before, double vowel means long vowel, ä is a sound like a very American pronunciation of and, Yååtaa means approx. architect,  å is the sound of a in water. I have found the people at pannääk Yååtaa nice and helpful when I have been there

[Mysterion]

15 hours ago, MikeyIdea said:

You don't need the land owners permission to build if the lease agreement specifically states that you are allowed to do it, need permission if that statement is missing. Someone else will confirm exactly what you can put in your name, I think it is the building permit but not certain

 

You can go to "pannääk Yååtaa" at the amphur / tessabaan (everything to do with the house is done at the amphur, land = land department)

 

pannääk means department, double consonant means short vowel before, double vowel means long vowel, ä is a sound like a very American pronunciation of and, Yååtaa means approx. architect,  å is the sound of a in water. I have found the people at pannääk Yååtaa nice and helpful when I have been there

Just wondering what would be the benefit(s) of registering the building on the leased land? 

 

 

[baansgr]

12 hours ago, Mysterion said:

Just wondering what would be the benefit(s) of registering the building on the leased land? 

 

 

I would think for one, if the op will be living there, it will be required for visa extensions

[MikeyIdea]

13 hours ago, Mysterion said:

Just wondering what would be the benefit(s) of registering the building on the leased land? 

 

I mentioned the clause in the lease agreement simply because if the land owner refuses afterwards... well, the westerner can look at the lawn for the next 30 years but can't build a house, put a caravan there perhaps or pay the extra money demanded stupid idiot :) Does not matter much very up-country but it does really matter in many other places today. I don't like westerners posting on ThaiVisa that they have been fooled  and ripped off when in fact they didn't do their due diligence or were trying to bend the law so it was their own fault. That is so low 

 

Other advantages: Must have an address to get electricity, water and drains. Can get insurance, can be chao baan (master of the house hold in the yellow book without PR, blue book with PR). Never any problems buying / registering cars etc. Become PR and you have your own blue book and don't have to worry about others, more??? 

[Delight]

 From the landowners point of view it has to be of interest  for you to build a house

 

After 30 years the house becomes his/hers. Unless of course you pull the house down.

 

If I was the landowner- I would give permission -ensure that  the house was to my taste and if possible legally agree that the house cannot be pulled down.

 

Win -Win all round.

 

Talk with the landowner would be my advice.

 

Then talk with a lawyer

 

 

Edited February 3, 2018 by Delight

[jak2002003]

30 minutes ago, Delight said:

 From the landowners point of view it has to be of interest  for you to build a house

 

After 30 years the house becomes his/hers. Unless of course you pull the house down.

 

If I was the landowner- I would give permission -ensure that  the house was to my taste and if possible legally agree that the house cannot be pulled down.

 

Win -Win all round.

 

Talk with the landowner would be my advice.

 

Then talk with a lawyer

 

 

You would have to be very unlucky... I have never heard of this happening.  Can you give any example of such a case?

 

I have built and sold 3 houses on leased land over 15 years (different land owners each time).  Never had any problem.  Now this new house is done I am going to stay put here.

 

But, you know you can get a legally binding 3 X 30 year lease right.... So that its yours for 90 years unless the land owner want to pay up the market value of your house.  

 

As most people are over middle ages.. they probably don't have to worry what happens after 30 years as they won't be around.

 

OP.  They can register the house in either land owners name or their name.. does not make a difference.

Water and electricity are registered in their name... not landowners.  

 

 

 

 

[Delight]

6 hours ago, jak2002003 said:

 

 

I have built and sold 3 houses on leased land over 15 years (different land owners each time).  Never had any problem. 

 

But, you know you can get a legally binding 3 X 30 year lease right.... So that its yours for 90 years unless the land owner want to pay up the market value of your house.  

 

 

 

 

 

 

 Pont 1 

  I accept that your experience is probably the norm.. That said it can do no harm to seek agreement from the landowner.

If was my project for certain I would not assume-anything
 

 

Point 2

 

Has the law changed ?

 It is my understanding that Thai law only recognizes 30 year lease

The ‘Extra’ is only optional if the land owners signs to this extension after the 30 years has expired

Please do tell more

[MikeyIdea]

On ‎2‎/‎4‎/‎2018 at 1:57 AM, Delight said:

Point 2

 

 

Has the law changed ?

 

 It is my understanding that Thai law only recognizes 30 year lease

 

The ‘Extra’ is only optional if the land owners signs to this extension after the 30 years has expired

 

Please do tell more

Yes, the extra 30 years cannot be enforced if the land owner does not accept. The 30*3 is just the standard scam around Hua Hin and other areas where westerners "buy" often, it's useless except out of kindness