Has anyone ever bought an already built house (not the land) in your own name?

[zeekgarcia]

If you have ever bought an already built house (not the land) in your own name, please share how you went about the process.

 

What amphere and jangwat do you live in?

Did you make a lease or usufruct or superficies for the land the house was already built on?

Did you use a lawyer?          And about how much did the lawyer charge?

How long ago did you do this?

 

Edited May 25, 2018 by zeekgarcia

[Get Real]

As far as I know, What you are asking for is impossible. You, as a private person, can not own either land nor the house that stands om the land.
I might be wrong, but that is something I learned only possible regarding buying condos. For that to be possible the condo owner must not sell more than 49% of the condos to foreign ownership.

When it comes to the house, that will then be the 100% that stands on the land. That would then mean you can not put your namne on that.

The only solution I can see, is that you buy the house through a registered company. The company can then own 100% of the house. You can totally control the company and it´s invested money, but you can, even there, only own 49% of the company.

As I say, I might be wrong, but that´s my knowledge. There are more people that knows better than me, and they will come along soon.

[zeekgarcia]

10 minutes ago, Get Real said:

As far as I know, What you are asking for is impossible. You, as a private person, can not own either land nor the house that stands om the land.
I might be wrong, but that is something I learned only possible regarding buying condos. For that to be possible the condo owner must not sell more than 49% of the condos to foreign ownership.

When it comes to the house, that will then be the 100% that stands on the land. That would then mean you can not put your namne on that.

The only solution I can see, is that you buy the house through a registered company. The company can then own 100% of the house. You can totally control the company and it´s invested money, but you can, even there, only own 49% of the company.

As I say, I might be wrong, but that´s my knowledge. There are more people that knows better than me, and they will come along soon.

As I stated in the OP a foreigner can own a house 100% in their own name but not the land the house sits on. This is just one place that talks about it  www.samuiforsale.com/knowledge/owning-a-house-in-thailand.html but I want to hear from some people that have already done it.

Edited May 25, 2018 by zeekgarcia

[MaeJoMTB]

51 minutes ago, zeekgarcia said:

If you have ever bought an already built house (not the land) in your own name, please share how you went about the process.

Not possible,

Once house and land is registered as a single unit, it can't be split.

[zeekgarcia]

20 hours ago, MaeJoMTB said:

Not possible,

Once house and land is registered as a single unit, it can't be split.

As I stated in the OP a foreigner can own a house 100% in their own name but not the land the house sits on. This is just one place that talks about it  www.samuiforsale.com/knowledge/owning-a-house-in-thailand.html but I want to hear from some people that have already done it.

[hanssna]

I guess nobody ever did it because it's not possible. 

Yes you can own a house (on land that's owned by a Thai, and, hopefully, with your lease on the chanote) but you must be involved from the beginning, when the building permit and construction plans and drawings are on your name. 

[nobodysfriend]

I have the Tabien Ban of my house , I am the legal and only owner . My thai wife owns the land .

Once the house plans had been stamped , ( agreed to ) , by the local OR POR TOR ( local land office ) the house could be built .

Once finished , before getting the number plate , the local Land office will issue the tabien ban in your name , if desired ...

[BEVUP]

So lets say the OP is talking about a new MOO BAAN where everything would be in the developers name / or a second hand house in a MOO BAAN

 

I guess all the same 

 

[Muzarella]

Only is possible with a manufactured home, not attached to the land on permanent foundation, and with a land lease contract with the land owner. Not building permit required.

[Happy Grumpy]

On 5/25/2018 at 8:17 AM, Get Real said:

You, as a private person, can not own either land nor the house that stands om the land.

Completely wrong.

 

 

No problem with an alien owning the house, as long as it is a separate legal entity to the land.

 

 

This is far, far easier to do from scratch.

[verticalift]

It’s was a relatively easy process for me back in 2003 in Phuket. As a Canadian Expat employed as a pilot in Abu Dhabi, I bought an existing structure (House) inside one of the established golf course communities on Phuket. I used a very good law firm with offices on Wireless Road in Bangkok for the paper-chase. Legal fees while not cheap, were acceptable given the project I was undertaking. My Thai registered company owned the land when I purchased the property. I have since liquidated the company and my Thai wife now owns the 3 Chanote Titles on which the house sits. I had an usufruct issued which entitles me to the house and use of the land on which the house sits for the rest of my life, just in case the marriage goes bad. I also have the Yellow Tambian Baan with my name in it (In Thai Script) The Yellow Tambian Baan has also allowed me to obtain the Pink Thai ID Card, which has proven to be very helpful as a supporting document, when clearing customs immigration at the airport and renewing my visa overseas in the UAE. Always always use a reputable law firm, preferably in BKK. They tend to be more switched-on. You’re spending a lot of hard earned dollars for your new home and you don’t want to loose it. If you can’t afford a good law firm, you can’t afford the house.

Edited May 26, 2018 by verticalift
Typo

[maprao]

34 minutes ago, nobodysfriend said:

I have the Tabien Ban of my house , I am the legal and only owner . My thai wife owns the land .

Once the house plans had been stamped , ( agreed to ) , by the local OR POR TOR ( local land office ) the house could be built .

Once finished , before getting the number plate , the local Land office will issue the tabien ban in your name , if desired ...

Tabien Bahn (Blue and Yellow) shows residence and who lives at that address. It does not give any ownership rights whatsoever only a Chanote (title) does this...olderr wiser hands may correct me...however this is my understanding of a the document you refer to...

[BEVUP]

18 minutes ago, verticalift said:

It’s was a relatively easy process for me back in 2003 in Phuket. As a Canadian Expat employed as a pilot in Abu Dhabi, I bought an existing structure (House) inside one of the established golf course communities on Phuket. I used a very good law firm with offices on Wireless Road in Bangkok for the paper-chase. Legal fees while not cheap, were acceptable given the project I was undertaking. My Thai registered company owned the land when I purchased the property. I have since liquidated the company and my Thai wife now owns the 3 Chanote Titles on which the house sits. I had an usufruct issued which entitles me to the house and use of the land on which the house sits for the rest of my life, just in case the marriage goes bad. I also have the Yellow Tambian Baan with my name in it (In Thai Script) The Yellow Tambian Baan has also allowed me to obtain the Pink Thai ID Card, which has proven to be very helpful as a supporting document, when clearing customs immigration at the airport and renewing my visa overseas in the UAE. Always always use a reputable law firm, preferably in BKK. They tend to be more switched-on. You’re spending a lot of hard earned dollars for your new home and you don’t want to loose it. If you can’t afford a good law firm, you can’t afford the house.

I see many people quote this about a company

I would have to say you didn't own the land & property, or in that fact the Company

As Thai law goes you owned 49% of the company, but had the majority of voting rights, so therefore controlled the Company.

It went to show that when you deregistered  the Company you had to sell/handover the mentioned property & put a Usufrut on it just like the rest of us 

You are now not protected from the sale/mortgage of your house unless the buyer doesn't want to adhere to the Usufrut.

I not say this in your situation, but as you said if it all goes bad you will then have the rights to be a squatter 

[LivinLOS]

10 hours ago, zeekgarcia said:

As I stated in the OP a foreigner can own a house 100% in their own name but not the land the house sits on. This is just one place that talks about it  www.samuiforsale.com/knowledge/owning-a-house-in-thailand.html but I want to hear from some people that have already done it.

You missed his point.. 

 

Yes it is possible to own a house, that you build, on land that is not yours.. What is not possible is once the house and land have been combined to a unit of 'property' to separate that property into its component parts again. 

 

This is the answer a fluent english lawyer who really seemed to know property law gave me. 

[LivinLOS]

1 hour ago, Muzarella said:

Only is possible with a manufactured home, not attached to the land on permanent foundation, and with a land lease contract with the land owner. Not building permit required.

nope.. can be done when building normal homes too.. 

Not all land offices or officers like this process though.. Some can make issueing the building permit a pain. 

[Happy Grumpy]

13 minutes ago, nobodysfriend said:

Chanote is for the land , tabien ban for the house .

 A certificate of residence is a different thing .

 

The Tabien Bahn (both blue and yellow) only shows who is resident at the house, it does not show ownership in anyway whatsoever. 

[Scouse123]

I know a guy who is having a full wooden house made right now as we speak. This will have 2/3 bedrooms, living rooms etc on stilts, and is being made to specification.

 

He is putting it on his lady's land and will obviously have to put shower and toilet block on her land.

 

He is applying for a yellow book for this as well.

 

He also has the intention of picking the house up and moving it to wherever he goes in the event of a falling out or dispute.

 

As far as he is concerned, the house is his and the land is hers. I do not know how he stands legally but that is what he is doing.

Edited May 26, 2018 by Scouse123

[hobobo]

13 hours ago, zeekgarcia said:

As I stated in the OP a foreigner can own a house 100% in their own name but not the land the house sits on. This is just one place that talks about it  www.samuiforsale.com/knowledge/owning-a-house-in-thailand.html but I want to hear from some people that have already done it.

What about a tree house? Or a house built on a tree grown at adjoining property, but the house is built on branches above the neighbour's plot? 

[inThailand]

What good is owning a house when access to it you don't own or have easement rights? This just is not practical. 

[Brayka]

We lease the land for 30 Years and buy the house on our name, our name is also in the house-book. We did it with international lawyers English/Thai.

[Happy Grumpy]

3 hours ago, inThailand said:

What good is owning a house when access to it you don't own or have easement rights? This just is not practical. 

Build the house 1mm from the main road and jump. 

[Happy Grumpy]

5 hours ago, Scouse123 said:

 

He is applying for a yellow book for this as well.

Again.... the 'yellow book' is in no way any sort of ownership document, it is simply a documentation of who is living in the residence. It does not show ownership in anyway whatsoever, it simply shows who is living there.

[Altalake]

Lots of Adverts say "freehold". It is not freehold at all. Just a Developer's con.  As a farang you cannot own land. The Developers say you can own land with a BVI company - not true!

 

Deal with it! You lease the land but you can "sort of" own the structure.

 

Some smart legal guy like Ubon Joe might comment?

[inThailand]

1 hour ago, Happy Grumpy said:

Build the house 1mm from the main road and jump. 

Until the Thai owner decides to build a fence and charge you say 1M a year to cross his land to access your house. Not unheard of here. 

[MyFriend You]

10 hours ago, nobodysfriend said:

I have the Tabien Ban of my house , I am the legal and only owner . My thai wife owns the land .

Once the house plans had been stamped , ( agreed to ) , by the local OR POR TOR ( local land office ) the house could be built .

Once finished , before getting the number plate , the local Land office will issue the tabien ban in your name , if desired ...

so what you are saying, without saying, that it is not possible to buy a house that is ALREADY built on land owned by a Thai...............?

[swissie]

10 hours ago, Happy Grumpy said:

 

The Tabien Bahn (both blue and yellow) only shows who is resident at the house, it does not show ownership in anyway whatsoever. 

Known for 30 years by halfway alert Farangs. Tabien Baan (of any colour) will facilitate it to aquire a Thai Drivers Licence. Otherwise I have never met a Farang that was able to point out other significant advantages while beeing in the posession of a "Tabien Baan".

A Tabien Baan is is a registraton of domicile and has nothing to do with any sort of Property Rights.

Intensive and repeated  "whispers in the night"  may convince a Farang that it isen't so.

Cheers.

 

 

[swissie]

Yes, and once an for all: It is possible for a Farang to own a house in Thailand. As the ownership of the land is not possible, the law allowes for various "rental/lease" situations of the land where the house sits on. = a 30 year "Land-Lease" (for example) is legally possible.

Problem: As land prices have been increasing for decades, few Thais will be willing to issue long term Leases for their land with fixed 30 year terms, unless the past increases of real-estate price increases are projected into the future of a 30 year lease. Making for expensive leases.

Another situation: Building a house on "Family-Land" and the Farang wanting to put his investment under any form of legally allowed protective "umbrella", (possible) will not find much approval on the part of the "Thai-Family".

To go back to OP's question: Yes, it is possible to own a house in a Farangs name, even if the land where it sits on can not be in his his name.
It's just that a 3 bedroom/2 bathroom mansion doesn't fit into a suitcase.
Cheers.

[LukKrueng]

14 hours ago, maprao said:

Tabien Bahn (Blue and Yellow) shows residence and who lives at that address. It does not give any ownership rights whatsoever only a Chanote (title) does this...olderr wiser hands may correct me...however this is my understanding of a the document you refer to...

AFAIK you are correct. Moreover, the blue/yellow book is issued by the district office (ampoea) and not by O. B. T (which is not and has nothing to do with the land office, but is actually the office of the subdistrict or tambon) as someone mentioned above. Again, AVAIL there is no such thing as "house ownership registration". The permit to build a house is just that-a permit to build, doesn't show ownership. Same as the contract with the construction company - nothing to do with actual house ownership registration.

[rott]

What if the house is on Temple land.?

 

A house nearby is for quick sale at a fire-sale price. All the land in the immediate area is owned by the wat, which has an  office for recording land and property sales. (Property is held on a basis similar to leasehold.) I am being told I can have the house in my own name but I seriously doubt this, though I think it is being said through ignorance rather than fraudulent intent.

 

On the other hand as I would not be owning the land it might be possible. The problem being that none of the monks in the office speak English and I am unable to find a local attorney who can either.

 

Anyone have any knowledge or experience.??

[rott]

I am told by a Bangkok lawyer that as I am not buying the land  he does not see a problem. That is a fairly quick opinion and he obviously has no personal experience of this.

 

I have also been told that (not by a lawyer) I can just keep hold of the chanote, no need to record any change, nothing can happen without my OK while it is in my possession. This is how the moneylenders operate. Or possibly a more normal 30 year lease.