Is House building permit required if replacing current house

[Moon37]

I'm aware of most all possible deceptions having had Thai relationships since '79.  And I'm not concerned about any financial loss etc.   Situation:  Engaged after 4 years together.  Family in Isan live in an unbelievably shack.  Before proposing, I, without any significant external influence offered to build a simple home as a sign of my intent with their daughter.  Simple 3 bdrm, 2 bath large LR/DR and patio (108 SQM) with a 1.2M limit.  The issue was my tilac regularly sending THB home for Mom, Dad, Brother, (his 3 daughters) and one nephew.  Even though she works full time in a white collar job (ie.  doesn't know how to hold a pool cue stick) my monthly stipend has been shared which is no surprise.  So when I inquired why, I was informed about the family hardships and debts etc.  The debts were for loans on property, both house and field.  My additional motivation was for my tilac to have control over the property if I'm going to build a home on it.  (all her siblings and parents concurred) (BTW, I don't  want a yellow book or even my name on the house itself - just hers - and before marriage).  I paid off the loans and witnessed the land deeds (Chanote) transferred to her name.  Also offered the siblings to pitch in the debts that they got "mom" to sign and retain the relative portion of the properties  (even with a year to complete).  In the beginning I was told that there was no need for a New Building Permit because the property is outside a certain area and it is only replacing the existing shack.  This week I inquired about the yellow book which I don't need because I use my condo rental agreement as proof of residency.  It then came out that the building permit wasn't needed when the shack was built and then changed to it's is still in her father's name.   Research appears that doesn't matter because the land owner trumps the house.   I want everything to be in my kuman's name and not have to worry about this in the future.  I read that I could even have the home ownership in my name as I've documented all funds transfers and payments to the contractors etc.  But, I don't want to look like I'm taking advantage of them and their estate.   So now, I'm pushing hard to get her dad to transfer the building permit/ownership to her.   Does it make a difference?  Am I pushing a rope? Value added comments appreciated.  Thanks ,Moon  (The Concrete pylon in center of living room guy = added  some pics that the pole in the living room didn't really matter that much)

[cornishcarlos]

53 minutes ago, Moon37 said:

But, I don't want to look like I'm taking advantage of them and their estate.

 

That is a classic line ?

[Moon37]

But it’s true from my angle. I get nothing as it’s a gift and all paid for before wedding in Dec. There’s a younger brother who reportedly put them in the land debt that I paid and transferred to her. He’s the impetus for the family trusts her. But back to your comment, it would be used in Thai vs English!


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[blackcab]

I'm not even sure that you can get the name on a building permit changed after a blue book has been issued. The permit is a historical record, and it was right at the time.

 

Do you need a new building permit? Technically yes, because the land office records the value of the house for taxation purposes, and a new house will be worth more. However, if there was an existing blue book and the house doesn't look out of place then nobody is going to care much.

 

With the blue book people can be registered as living at the address and a regular electricity supply can be obtained. That's all that most people want.

 

Ownership of the land is the most important thing, which is proved by the title deed. The downside is that your partner may be pressured to get a mortgage on the land by her family. After all they may assume you will pay it off next time as well.

[Moon37]

BC.   Very good unknowns to find out for sure.  I found the attached scanned page addressing home ownership and even foreigners, but can't remember where I found it online.   I agree about the building permit because of the delta on the value (Pic of shack being replaced attached), but family and builder claimed it was not needed (but failed to mention the taxable issue).  The new house now fits in with the neighborhood..  And your best point about future loans is the most important.   I don't see anyway to avoid that other than trusting their daughter aka my wife

 

Edited July 19, 2018 by Moon37
Want pdf to be insertesd as a jpg

[happylarry]

Moon, if your gf grants you a usufruct on the land, that is then noted on the back of the title deed and the property cannot then be sold while the usufruct is still in place. I dont know for sure but I imagine it would also be a problem as far as getting a further loan on the property. Might be worth checking.

HL

[Moon37]

5Pi

Thank You,  That is an excellent idea and seems very discreet such that it wouldn't surface until or if the younger brother goes at it again.

 

Best Regards,

Moon