duplex condo

[Alan1203]

Sorry if this has been asked before. I am wondering if purchasing a freehold condo that happens to be a duplex, with its first floor being on the ground floor, goes against (violates) the condo act definition of 'owning land'? Thanks in advance. 

[Swiss1960]

No, it does not, otherwise nobody could ever build and own houses on other people's land using lease or usufructuary constructs.

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[ChiangMaiLightning2143]

I thought it was illegal as you cannot Register as a Condo/ jurisdiction person, multiple buildings on a single plot of land. The condo must be basically one contiguous structure?

 

Thus you don’t see clusters of “villas” here as are common in other countries that are famed as retirement destinations with many expats purchasing.

 

[KittenKong]

I am wondering if purchasing a freehold condo that happens to be a duplex, with its first floor being on the ground floor, goes against (violates) the condo act definition of 'owning land'?

No, because you dont own the land. In a condo you own the interior of your unit as defined by the chanote, and a share of all the commonly-owned parts of the building which includes the land, the pool, the corridors, the elevators, the car park, the gardens, the roof etc.

There are a few of these in Pattaya and there is nothing illegal about them.

[KittenKong]

I thought it was illegal as you cannot Register as a Condo/ jurisdiction person, multiple buildings on a single plot of land. The condo must be basically one contiguous structure?

The ones I've seen are built as townhouses (ie terraced) attached to the main building and seem to be completely legal.

[ChiangMaiLightning2143]

I am wondering if purchasing a freehold condo that happens to be a duplex, with its first floor being on the ground floor, goes against (violates) the condo act definition of 'owning land'?

No, because you dont own the land. In a condo you own the interior of your unit as defined by the chanote, and a share of all the commonly-owned parts of the building which includes the land, the pool, the corridors, the elevators, the car park, the gardens, the roof etc.

There are a few of these in Pattaya and there is nothing illegal about them.

I think you understand but just to be clear for other readers the Juristic person owns the land .
The juristic person is a “legal fiction”, similiar to a corporation. A farang who buys a condo owns a share of the juristic person interest in the property

This is specifically why the foreign quota of a condo is limited to 49 percent.

According to the Thai constitution no centimeter of land will ever be ceded to the control of foreign Aliens!


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[Alan1203]

Thanks, Swiss1960 and KittenKong.