Help Please - Building House On Leased Land

[elfe]

please can anyone give proper advice on following.

over a year ago i rented a piece of land and since put some buildings on it for my animals which stay there since. the rental contract was done privately.

now i'm planning to build a (small) house on this land. i want to register the rent/lease contract at the land office to be sure for the next 30 years, no problem for my landlord. i'm now confused if it is enough to just put the land-lease in the contract or if any buildings have to be included. or if i can register the house later in addition after it is finished? is this necessary?

[katabeachbum]

Need to know more to give proper advice

1. Does Or Bor Tor or Tessabaan in your area require a buildingpermit to build a house/residence.

2. Does the land you lease have Nor Sor Sam Gor or Chanote title

3. Do you lease the whole landplot according to land-deed

In general its good to register the lease of the bare land first, and then build a home with buildingpermit in your name. Less tax and increased security

[elfe]

thank you

the land title is nor sor sam, can be changed if wanted, but not necessary, says my landlord.

if building permit is required i'm not sure, would that be a problem?

i will lease the whole land plot but then there will be an additional contract for the piece i actually lease.

[katabeachbum]

thank you

the land title is nor sor sam, can be changed if wanted, but not necessary, says my landlord.

if building permit is required i'm not sure, would that be a problem?

i will lease the whole land plot but then there will be an additional contract for the piece i actually lease.

Nor Sor 3 Gor is good enough. I would register a lease on the bare land until 2039. tax is 1,1% of agreed value/value accepted by land office.

Depending on your needs (age, kids) you can next day register another lease at 1,1% tax again, until 2069. This law came into effect a few weeks ago.

If you need to apply for a buildingpermit in your area, make sure it is in your name only. To do so, bring a certificate of recidense from Immigration and your passport to Or Bor Tor or Tessabaan. The building now belongs to you.

The private lease you presently have is ony valid for 3 years from date/sign, according to law every lease longer than 3 years must be registered in land deed at land office

Good luck

[elfe]

thank you very much, that is good news, very much appreciated

[DrDave]

... I would register a lease on the bare land until 2039. tax is 1,1% of agreed value/value accepted by land office.

Depending on your needs (age, kids) you can next day register another lease at 1,1% tax again, until 2069. This law came into effect a few weeks ago...

If this is true (law changing to allow immediate registration of a subsequent 30 year lease), then this dramatically changes the playing field. So far, it has been common knowledge that any agreements for subsequent leases (e.g. 30 + 30 + 30) are not binding, and buyers are advised that only the first 30 years are secure.

If the law has been changed to allow for the early registration of lease extensions, can you please provide a link or point us to any official information concerning this change?

[katabeachbum]

... I would register a lease on the bare land until 2039. tax is 1,1% of agreed value/value accepted by land office.

Depending on your needs (age, kids) you can next day register another lease at 1,1% tax again, until 2069. This law came into effect a few weeks ago...

If this is true (law changing to allow immediate registration of a subsequent 30 year lease), then this dramatically changes the playing field. So far, it has been common knowledge that any agreements for subsequent leases (e.g. 30 + 30 + 30) are not binding, and buyers are advised that only the first 30 years are secure.

If the law has been changed to allow for the early registration of lease extensions, can you please provide a link or point us to any official information concerning this change?

Your local land office.

30+30+30=30 anything else is b-sht

90 years did not get through. But 60 is good. Came into effect a few weeks ago in Phuket.

Be aware of taxes. Register tax is unavoidable.1,1% twice. But income tax should be payd every year, not 60 years up front. Tessabaan tax 12,5% still exists, even this tax was not intended for leashold ownership (only shorter time rentals)

If your lawyer or accountant is not up to date, send them to land office

All the sudden all those farang freehold condos are not worth 30% more than leasehold

[surayu]

Your local land office.

30+30+30=30 anything else is b-sht

90 years did not get through. But 60 is good. Came into effect a few weeks ago in Phuket.

so is anybody aware of some sort of proof to back up this law's change?

[katabeachbum]

so is anybody aware of some sort of proof to back up this law's change?

I made a new topic called "60 years lease". Have a look