Nor Sor 5 land title??

[franco165]

Anyone with experience in dealing with low title land in Thailand preferably Phuket?

What can i do on a land plot in a already residential area with Nor sor 5 title?
Whats to know if it possible to build a private residence on it? 

[asiaexpat]

N.S. 5 title requires a utilization certificate issued by the authorities in order to sell the land. Type of utilization is restricted. 

“Utilization certificate” shall mean the certificate issued by the Director- General or the person delegated by the Attorney-General to a settlement member certifying that he has utilized the land. 

ALLOTMENTOF LAND FOR LIVING ACT B.E. 2511 (1968)1

Edited July 6, 2019 by blackcab
Font normalised

[blackcab]

No. The possessor cannot get permission to build on this land, mainly because they don't own it - the government does.

 

The best situation is that the owner had a certificate of utilisation to go with the land. With this the owner will be able to register the sale at the Land Office.

 

Without it the land can only be inherited within the owner's family.

[franco165]

It has a Utilization certificate. And one Sor kor 1.

 

[franco165]

4 minutes ago, asiaexpat said:

N.S. 5 title requires a utilization certificate issued by the authorities in order to sell the land. Type of utilization is restricted. 

“Utilization certificate” shall mean the certificate issued by the Director- General or the person delegated by the Attorney-General to a settlement member certifying that he has utilized the land. 

ALLOTMENTOF LAND FOR LIVING ACT B.E. 2511 (1968)1

It has Utilization certificate and a Sor kor 1.

[franco165]

4 minutes ago, blackcab said:

No. The possessor cannot get permission to build on this land, mainly because they don't own it - the government does.

 

The best situation is that the owner had a certificate of utilisation to go with the land. With this the owner will be able to register the sale at the Land Office.

 

Without it the land can only be inherited within the owner's family.

Its Utilization certificate and Sor kor 1

 

And all of this i have already read on different sites. Want to know from someone with a personal or professional experience of this type of title.

[franco165]

7 minutes ago, franco165 said:

Its Utilisation certificate and Sor kor 1

 

And all of this i have already read on different sites. Want to know from someone with a personal or professional experience of this type of title.

So

 

14 minutes ago, blackcab said:

No. The possessor cannot get permission to build on this land, mainly because they don't own it - the government does.

 

The best situation is that the owner had a certificate of utilisation to go with the land. With this the owner will be able to register the sale at the Land Office.

 

Without it the land can only be inherited within the owner's family.

It has Utilisation certificate. So can a private villa be built on it by the new owner only for his personal use.

[blackcab]

No. This type of title deed cannot be granted permission to build.

 

What you could do is get the owner to visit the Land Office and see if the title can be upgraded. If it is possible you will have to pay the Land Office for the upgrade, but it would be worth it.

 

You need to get the title to at least Nor Sor 3 in order to get permission to build.

[franco165]

1 minute ago, blackcab said:

No. This type of title deed cannot be granted permission to build.

 

What you could do is get the owner to visit the Land Office and see if the title can be upgraded. If it is possible you will have to pay the Land Office for the upgrade, but it would be worth it.

 

You need to get the title to at least Nor Sor 3 in order to get permission to build.

Ok thats what owner told me that it was possible to upgrade. But before me and my friend pay 50mil THB. We would need some guarantees for the buy to go through after the owner has upgraded it. Is it possible to make a legal binding contract that the land has to sold to use and for the same price?. And that a private mansion can be build on it? Few other luxury mansion on this hillside.

[mahjongguy]

Hillside? Uh oh.

[blackcab]

A couple of things: You can make a contract, but the point is what are you going to do if the other party does not perform?

 

You can spend a lot of money and many years taking the matter through all three levels of Court, and at the end the seller will have no assets and you will receive nothing for their non performance.

 

Personally, I would not purchase this land until it has been upgraded. Even then, you need it surveyed before you purchase as the regulations surrounding construction on a slope have recently changed. Now it is much harder to get permission to build on a slope.

 

Previously, you could get permission to build on a 50 degree slope. Now, the maximum is 35 degrees, and if the slope is between 25 and 35 degrees you will be restricted.

 

Specifically, if the slope is between 25 and 35 degrees your property will need a very high percentage of green space, and also trees and rocks over 50 centimeters diameter cannot be removed.

 

I would suggest that before you spend 50 million baht on a piece of property you pay someone who really knows what they are doing to survey and evaluate the land for you.

[franco165]

5 hours ago, blackcab said:

A couple of things: You can make a contract, but the point is what are you going to do if the other party does not perform?

 

You can spend a lot of money and many years taking the matter through all three levels of Court, and at the end the seller will have no assets and you will receive nothing for their non performance.

 

Personally, I would not purchase this land until it has been upgraded. Even then, you need it surveyed before you purchase as the regulations surrounding construction on a slope have recently changed. Now it is much harder to get permission to build on a slope.

 

Previously, you could get permission to build on a 50 degree slope. Now, the maximum is 35 degrees, and if the slope is between 25 and 35 degrees you will be restricted.

 

Specifically, if the slope is between 25 and 35 degrees your property will need a very high percentage of green space, and also trees and rocks over 50 centimeters diameter cannot be removed.

 

I would suggest that before you spend 50 million baht on a piece of property you pay someone who really knows what they are doing to survey and evaluate the land for you.

Thank you

[ubonjoe]

Moved to here.

[ThomasThBKK]

The upgrade can take forever, literally years, or might no go through at all.

He'll upgrade it to Nor Sor Sam Gor then he or you can upgrade it to a Chanote.

 

To build on that land, find a good bkk lawyer and let him check the zoning laws in that area, there will be serious  restrictions on a slope but these depend on region to region.

And let a lawyer do a proper due diligence of the title history, these kind of titles can be ... sketchy.

Also keep in mind, building on a slope is way more expensive than building on flat land.