Building Permit Issued Incorrectly

[phuketchap]

Hi

I have just completed the building of 2 houses on land owned by my thai company. One is for me and one for a friend.

I used a local thai friend to help with the building permission application. I wanted the building permits to be issued in my name and one in my friends name so that we would be separate owners of the houses. I even had the lawyer help with the creation of an internal company short term lease agreement whereby we would lease the land from the company so that we could build our houses on the land. This agreement was submitted with the building permit application to show that we would lease the land from the company.

When applying for my house number 2 weeks ago i got the shock of my life when i was told the building permit (one document listing 2 separate houses) was issued to my company's name and not in my name and friends name.

My lawyer has since advised that the Aor Bor Tor probably will not change the building permit because the houses are complete.

Is it possible to change the building permit on the basis that is was issued incorrectly/as a mistake to the company?

Because i assumed the building permit was in my name i did not collect reciepts nor do i have a contract with a builder to show expenditure. If i can not change the building permit and my company remains the owner then how will i show how the project was paid for? Wont this also expose me to all sorts of taxes?

Any advise appreciated

[stgrhe]

My understand is that tessaban will first issue the building permit in the same name as that of the owner of the land, in your case your company. There is a procedure to follow to change the name and that includes an announcement at the tessaban for 30 or 45 days (I have heard both dates but do not know which one is the correct one). However, if the house is outside tessaban's area of responsibility then the announcement should instead be made at the village chief's house. Following this the name can be changed.

Also, when the house is completed the ownership of the house can be separated from the land.

[phuketchap]

My understand is that tessaban will first issue the building permit in the same name as that of the owner of the land, in your case your company. There is a procedure to follow to change the name and that includes an announcement at the tessaban for 30 or 45 days (I have heard both dates but do not know which one is the correct one). However, if the house is outside tessaban's area of responsibility then the announcement should instead be made at the village chief's house. Following this the name can be changed.

Also, when the house is completed the ownership of the house can be separated from the land.

Hi Stgrhe

Thanks for your reply,

The procedure you mentioned to change the name on the building permit, can it be done after the house is complete (as in my case i am just about to move in). Plus i have the blue house book which has the house number now, will this affect the procedure in any way?

After completion you said the ownership of the house can be separated from the land? How? Are you suggesting a sale of the house by my company to myself? This would mean loads of accounting and taxes which i wanted to avoid by making the house in my personal name.

Many thanks again for your help

[stgrhe]

My understand is that tessaban will first issue the building permit in the same name as that of the owner of the land, in your case your company. There is a procedure to follow to change the name and that includes an announcement at the tessaban for 30 or 45 days (I have heard both dates but do not know which one is the correct one). However, if the house is outside tessaban's area of responsibility then the announcement should instead be made at the village chief's house. Following this the name can be changed.

Also, when the house is completed the ownership of the house can be separated from the land.

Hi Stgrhe

Thanks for your reply,

The procedure you mentioned to change the name on the building permit, can it be done after the house is complete (as in my case i am just about to move in). Plus i have the blue house book which has the house number now, will this affect the procedure in any way?

After completion you said the ownership of the house can be separated from the land? How? Are you suggesting a sale of the house by my company to myself? This would mean loads of accounting and taxes which i wanted to avoid by making the house in my personal name.

Many thanks again for your help

Actually, I have not gone through the process myself but recently, when my wife and I were considering buying a house on the resale market, I asked my solicitor whether it would be possible for me to 1) register a usufruct for the land; and 2) get the ownership of the house *) in my name. He assured me that this could be done and he explained the procedure that I wrote.

In your case, as the title is in a company name, the procedure would probably be more complicated but to what extent I do not know. You need to consult a good solicitor.

In the end we never bought the property as we opted to buy land and build a house instead.

*) The ownership in my name would be on the paper only since my wife and I are legally married, so in reality, when the house is in my name, the ownership of the house is 50/50 as it would be regarded as Sin Somros as defined in the Civil & Commercial Code. If the house is instead in my wife's name, she owns the land, the house would then be regarded as Sin Suan Tuan, i.e. the same as the land, and therefore be solely owned by my wife.