Condo vs housing development

[Silvermane]

Hi, only started researching the idea of buying a property in Thailand recently (so be gentle :D) and have read up as much as I could, but still have one thing that isn't quite clear that I'm unable to find an answer on.

 

I'm aware that foreigners can't freehold anything other than a condo in Thailand provided maximum 49% of the development is 'freeheld' by foreigners, but I was just wondering if developments where one estate has multiple detached properties (not condos per se) could qualify technically as a condo??

For example I just stayed at an AirBNB property in Samui where the owner (with Thai wife) had built 5 separate dwellings and there was one still up for sale.

Without knowing the exact details, let's assume that one of the villas was owned by this person's Thai wife, another was sold to a foreigner and 2 were owned by Thai or were intended to be taken up as leasehold by foreigners...

Does the condo law of 49% maximum foreigner ownership apply to this kind of development and would that mean that I could purchase this property as freehold under the condominium act?

Or is the condominum act quite specific on the property type and does the condo need to reside within one main building and can therefore not be a detached villa?

 

Probably clutching at straws and the answer may be obvious, but just wanted to make sure ;)

 

 

[Mavideol]

 

1 hour ago, Silvermane said:

I'm aware that foreigners can't freehold anything other than a condo in Thailand

you already answered your own question

[Silvermane]

1 minute ago, Mavideol said:

 

you already answered your own question

I was afraid of that ???? Just wishful thinking then...

Thx for taking the time to reply though.

[Mavideol]

5 minutes ago, Silvermane said:

I was afraid of that ???? Just wishful thinking then...

Thx for taking the time to reply though.

wait a while as it appears the government is working on some type of "scam" to allow "rich" foreigners to own land and have a residency card as well....

P.S.  don't hold your breath  555

 

BTW if you are married to a Thai citizen, it's an deal, all under the Thai citizen 's name and if things turn sour you walk away with the tale between your legs or a hand in front and one hand behind and pretty much nothing else

Edited August 15, 2022 by Mavideol

[yeahbutif]

I would say the reason its different for condo versus house ..it the land it's on.   A house would have its own deed of  land a condo won't.. well maybe ...

[FriendlyFarang]

http://web.krisdika.go.th/data/outsitedata/outsite21/file/Condominium_Act_BE_2522_(1979).pdf

Quote

“condominium” means a building that persons are able to divide ownership
in the building in parts where each part comprises ownership in personal property and
co-ownership in common property;

As I understand this it would have to be one building, which is divided into multiple units. This isn't the case in your example, so it's not a condo.

[OneMoreFarang]

As far as I know what you want to do is possible - if the legal situation is correct.

I.e. if there is a group of 5 building and they are one development (don't ask me for the legal term). Then, as far as I know, 2 out of 5 units could be sold to foreigners.

[Silvermane]

Quote

“condominium” means a building that persons are able to divide ownership
in the building in parts where each part comprises ownership in personal property and
co-ownership in common property;

in the example of a development with multiple separate units there would still be common property in a shared driveway or potentially even a communal pool. So that's why I was hoping that this would be equivalent to a condominium building with common property. Assuming they're all on the same land title of course.

Guess I'll have to read through the full pdf to see if it effectively calls out the need for a single dwelling with communal areas so thx for sharing the pdf.

[Silvermane]

Finally found some more specific info on this here:

https://www.samuiforsale.com/condominium/legal-definition-condominium-in-thailand.html

 

Quote

A condominium in Thailand could technically be a flat or horizontal building structure or vertical high rise building structure. Horizontal condos or a 'Villa Condominium' are as such not defined in the Condominium Act. A villa condominium under the Condominium Act is based on a decision by the government's legislative advisory but must obtain a condominium license. The legality of this type of (horizontal) condominiums under the Condominium Act is controversial and licensing is usually refused.

Guess horizontal condo's are a no-go...

Shame as I fail to see the difference between highrise or horizontal condos from the government's pov wheras it would be a lot more attractive from a foreign ownership/investment pov.

[Delight]

17 hours ago, OneMoreFarang said:

As far as I know what you want to do is possible - if the legal situation is correct.

I.e. if there is a group of 5 building and they are one development (don't ask me for the legal term). Then, as far as I know, 2 out of 5 units could be sold to foreigners.

 How can you sell  a house when it does not have its own Chanote i.e no land.

If -and I can see that this  might be possible -the house has it's own Chanote -then it becomes a house with land. This cannot be acquired by a foreigner.

[OneMoreFarang]

2 hours ago, Delight said:

 How can you sell  a house when it does not have its own Chanote i.e no land.

If -and I can see that this  might be possible -the house has it's own Chanote -then it becomes a house with land. This cannot be acquired by a foreigner.

I am not up to date with this but some time ago I read a lot about buying property and business in Thailand.

As far as I remember they described situations like I mentioned above. It has to be the "correct" legal setup to work. I am sure there are some property agents out there who are willing to share their knowledge about this subject.