House Building Permission

[SarahPJ]

Hi there,

A very quick question (I think), as I feel confident that I know the answer, but want to make 100% sure.

We've (1 Thai + 1 Farang) just had plans drawn up for a house build, and are reviewing them for the last set of any necessary amends before they are submitted to the Or Bor Thor for approval.

I want them in my name (superficies contract on a Chanote title - therefore both names on the back, mine being the last entry). Architect is unsure if they can be in a farangs name.

So, what is the right answer? And what documents will they need from me?

Thank you

[katabeachbum]

You need a lease in your name only in land deed. And a certificate of recidense from Immigration. Apply for buildingpermit in your name only. Then the building is your.

[InterestedObserver]

If a foreigner has control over the land by way of a 30 year lease etc. then he can build and register a house in his name at the local Land Office.

[stgrhe]

He can to the same if he has a usufruct registered in his name.

[SarahPJ]

You need a lease in your name only in land deed. And a certificate of recidense from Immigration. Apply for buildingpermit in your name only. Then the building is your.

Great - thank you, that was as I thought, but some people like to try and confuse me

Why do I a certificate of residence?? That's new to me? Do I not just need details of my visa?

[katabeachbum]

You need a lease in your name only in land deed. And a certificate of recidense from Immigration. Apply for buildingpermit in your name only. Then the building is your.

Great - thank you, that was as I thought, but some people like to try and confuse me

Why do I a certificate of residence?? That's new to me? Do I not just need details of my visa?

Living in LOS is to not ask WHY Only provide what they ask for as long as its simple to do so. Certificate of residence is simple to get, so WHY NOT Iv done this buildingpermit farang name a couple of times, and its simple as long as you provide what they demand.

[JimmyGreaves]

superficies contract

Ok this means no lease or usufruct.

You should be able to get the BP in your name. Is it also company land where you have shares?

[wernerfreitag]

I am just in the same position.

Is it the same if Thai ( wife) and holder of lease or Usufruct are married ?

They are just trying to tell , that it should be on our both names.

[katabeachbum]

I am just in the same position.

Is it the same if Thai ( wife) and holder of lease or Usufruct are married ?

They are just trying to tell , that it should be on our both names.

Of course they do tell so

If you have a lease/usufruct in your wifes land deed, you can have a buildingpermit in your name only. If your wife allows you

[wernerfreitag]

katabeachbum,

Thank you , just what I thought.

What to do , if the Or Bor Thor still does not agree ? Hire a lawyer ? Would this help ?

Best regards

Werner

[katabeachbum]

katabeachbum,

Thank you , just what I thought.

What to do , if the Or Bor Thor still does not agree ? Hire a lawyer ? Would this help ?

Best regards

Werner

If they deny you to apply in your name only, I ll look through my files to find a document from Bkk government ( I think it was interior department) instructing all Or Bor Tor/Tessabaan how to do this. Its about 3 years ago, so i m not sure where to find it.

If a lawyer has experience on this, instantly knows how to solve this, he shouldnt charge more than 10.000 baht to go with you to Or Bor Tor.

[wernerfreitag]

katabeachbum,

Thank you very much.

Would be great if you could find the paper. I am right in the process , have to decide now.

Regards

Werner

[katabeachbum]

katabeachbum,

Thank you very much.

Would be great if you could find the paper. I am right in the process , have to decide now.

Regards

Werner

I have sent you PM on how to proceede

Good luck

Edited June 4, 2009 by katabeachbum

[wernerfreitag]

katabeachbum,

Thank you very much.

Would be great if you could find the paper. I am right in the process , have to decide now.

Regards

Werner

I have sent you PM on how to proceede

Good luck

Thank you very much , will do. Tell later , if it worked out.

Werner

[samILO]

By Thai Law a foreigner can hold a building permit. Some Or.Por.Tor offices don't know it or are unsecure about it, thus our offices asked the Ministry in BGKK to clarify, this is the answer ( I do have it in thai if you need write to me). Building ownership is determined through building permit ownership or registration of transfer of ownership at the land department.

Memorandum

Office of the Building Control Committee: Academic work, Tel 4362

No. Mor.Tor 0818/1164 Date: 20 May 2002

Subject: To consult about building permission in case building owner is foreigner

Dear Chief of Phuket Provincial Public Works,

Refer to your letter no. Por.Kor. 0023/1140 dated on 25 September 2001 to consult with Building Control Committee about legal provision of Act of Building Control B.E. 2522 and 2535 according to case of Cheungtalay Sub-district Administrative Organization as following details.

1. In case a foreigner, who is a natural person whose domicile at abroad, can he/she applies for building permit? This person shows evidence that he/she is covenantee of long-term lease agreement and shows letter from landlord giving consent to construct building(s) on the land.

2. According to Clause 8 of Ministerial Regulation #10 (B.E. 2528) issued under Act of Building Control B.E. 2522, can building permit been transferred to a foreigner, who is a natural person whose domicile at abroad?

We, Office of the Building Control Committee, took the matter to consult with the Building Control Committee and give suggestion as followings.

1. Since there is no mention of application of building permission by foreigner in Act of Building Control B.E. 2522, we have compared with other related laws such as laws of land or condominium possession of foreigner, and deemed that a foreigner who has any rights in Thailand must be a foreigner who legally enter into the Kingdom, legally reside or domicile in the Kingdom according to Thai laws. The application of building permission is connective with land issue, therefore, the applicant must comply with above mentioned laws, the applicant must be resident in Thailand for convenience of local official to issue any order or carry out any related action. In case the foreigner domicile at abroad without having domicile in Thailand, he/she can’t obtain building permit according to Act of Building Control B.E. 2522.

2. Regarding to transfer of building permit to foreigner, the transferee must domicile in Thailand, so if the foreigner domicile at abroad without having domicile in Thailand, he/she can’t take transfer of building permit.

Signature

(Mr. Bancha Reuntip)

Professional Engineer C 8 (Civil Engineer)

In charge of

Director of Office of the Building Control Committee

[wernerfreitag]

What exactly does it mean to "domicile in Thailand"? What visa or status ?

I got the permit on my name only in the mean time.

[katabeachbum]

What exactly does it mean to "domicile in Thailand"? What visa or status ?

I got the permit on my name only in the mean time.

Good job Werner

[trogers]

What exactly does it mean to "domicile in Thailand"? What visa or status ?

I got the permit on my name only in the mean time.

I would interpret 'domicile' to mean that the foreigner making the application has at least a one year visa (business or retirement), and has proof of residence in Thailand, either through a one year rental contract, or has his name in a tabien baan.

Thus, those traveling in and out of Thailand on tourist or 3-month visas will not qualify.

Edited July 4, 2009 by trogers

[katabeachbum]

I would interpret 'domicile' to mean that the foreigner making the application has at least a one year visa (business or retirement), and has proof of residence in Thailand, either through a one year rental contract, or has his name in a tabien baan.

Thus, those traveling in and out of Thailand on tourist or 3-month visas will not qualify.

Not correct

All you need is Certificate of Residence, issued by Immigration. 15 days visaexemption is good enough, but with such short permit to stay, you will need at least 2 certificates. One when aplying and one when buildingpermit is issued.

[samILO]

I would interpret 'domicile' to mean that the foreigner making the application has at least a one year visa (business or retirement), and has proof of residence in Thailand, either through a one year rental contract, or has his name in a tabien baan.

Thus, those traveling in and out of Thailand on tourist or 3-month visas will not qualify.

Not correct

All you need is Certificate of Residence, issued by Immigration. 15 days visaexemption is good enough, but with such short permit to stay, you will need at least 2 certificates. One when aplying and one when buildingpermit is issued.

Katabeachbum again is right. The official version of document for foreigners is the Certificate of Residence issued by the Immigration, but it is under the discretion of the officer to accept the document or any other.

[trogers]

I would interpret 'domicile' to mean that the foreigner making the application has at least a one year visa (business or retirement), and has proof of residence in Thailand, either through a one year rental contract, or has his name in a tabien baan.

Thus, those traveling in and out of Thailand on tourist or 3-month visas will not qualify.

Not correct

All you need is Certificate of Residence, issued by Immigration. 15 days visaexemption is good enough, but with such short permit to stay, you will need at least 2 certificates. One when aplying and one when buildingpermit is issued.

Katabeachbum again is right. The official version of document for foreigners is the Certificate of Residence issued by the Immigration, but it is under the discretion of the officer to accept the document or any other.

My point is the definition of 'domicile'. If you apply for a Certificate of Residence at the immigration, and you are holding a short term visa, I doubt you will get the certificate. My understanding is that you need to show a rental contract and a letter from the property owner to prove you have long term accommodation, and not lodging in a service apartment or hotel.

[samILO]

I would interpret 'domicile' to mean that the foreigner making the application has at least a one year visa (business or retirement), and has proof of residence in Thailand, either through a one year rental contract, or has his name in a tabien baan.

Thus, those traveling in and out of Thailand on tourist or 3-month visas will not qualify.

Not correct

All you need is Certificate of Residence, issued by Immigration. 15 days visaexemption is good enough, but with such short permit to stay, you will need at least 2 certificates. One when aplying and one when buildingpermit is issued.

Katabeachbum again is right. The official version of document for foreigners is the Certificate of Residence issued by the Immigration, but it is under the discretion of the officer to accept the document or any other.

My point is the definition of 'domicile'. If you apply for a Certificate of Residence at the immigration, and you are holding a short term visa, I doubt you will get the certificate. My understanding is that you need to show a rental contract and a letter from the property owner to prove you have long term accommodation, and not lodging in a service apartment or hotel.

You also can bring your landlord to the Immigration office to certify you live in his house, actually each landowner renting out should register the foreigner within 24 hours with the immigration office.

[katabeachbum]

All you need is Certificate of Residence, issued by Immigration. 15 days visaexemption is good enough, but with such short permit to stay, you will need at least 2 certificates. One when aplying and one when buildingpermit is issued.

Katabeachbum again is right. The official version of document for foreigners is the Certificate of Residence issued by the Immigration, but it is under the discretion of the officer to accept the document or any other.

My point is the definition of 'domicile'. If you apply for a Certificate of Residence at the immigration, and you are holding a short term visa, I doubt you will get the certificate. My understanding is that you need to show a rental contract and a letter from the property owner to prove you have long term accommodation, and not lodging in a service apartment or hotel.

You also can bring your landlord to the Immigration office to certify you live in his house, actually each landowner renting out should register the foreigner within 24 hours with the immigration office.

If you already have a house, just bring Tabien Baan. If any resident in Tabien Taan, have 1 st resident sign copy Tabien Baan, copy id card and a document stating you live there.

Very simple. Must have done it 30-40 times in 6,5 years in different provinces.