Building Permit In Personal Name Rather Then Company

[OKF]

Hi @ all

can I have a building permit in my name rather then in the name of my company who holds/owns the land (as I want to built the house in my personal name) without having a leasing agreement in place between me and the (my) company but maybe only a yearly rental agrement which will renew automatically?

Thanks & regards

Oliver

[stgrhe]

I suppose you are saying that you are holding a piece of land and want to build a house on the land. First register a superficies in your name at the land office. This will legally allow you to build a house on the company's land. Once that is done file the building permit in your name and pay for the construction. This makes the house yours.

[InterestedObserver]

It is interesting that you want to own the house in your personal name but continue to trust the company shareholders to own, thus control, the land upon which the house is built. The land rights are just as important as owning the house. A lease or usufruct is necessary to control the land, "my company" notwithstanding.

[katabeachbum]

your local tessabaan decides if they will issue a buildingpermit without having your lease or usufruct registered in land deed.

but why not register an usufruct? almost free to do, and also gives you the right to issue a 30 year registered lease to someone else

[oracle]

but why not register an usufruct? almost free to do, and also gives you the right to issue a 30 year registered lease to someone else

We checked this usufruct argument with the land department but if you have a usufruct as a foreigner it does not give the right to register a lease at the land office. If you turn up at the land office and say; I foreigner having a right of usufruct want to register this lease the answer from the land office will be negative. Besides the fact that it is not a suitable right for building upon land!

Like stgrhe suggested: right of superficies, best combined with a land lease.

[katabeachbum]

but why not register an usufruct? almost free to do, and also gives you the right to issue a 30 year registered lease to someone else

We checked this usufruct argument with the land department but if you have a usufruct as a foreigner it does not give the right to register a lease at the land office. If you turn up at the land office and say; I foreigner having a right of usufruct want to register this lease the answer from the land office will be negative. Besides the fact that it is not a suitable right for building upon land!

Like stgrhe suggested: right of superficies, best combined with a land lease.

different land offices, different ways to deal with it.

some tessabaan requires registered lease, superficies or usufruct. Some accept written agreements but not registered.

cant know before its been tried

anyway getting a buildingpermit in farang name isnt very complicated, just check what your local tessabaan require, and then you become the owner of the building

[oracle]

I agree with the building permit part, but i responded to the suggestion in your post that a foreigner with a right of usufruct would have the right to issue and register a 30 year lease to someone else. Have you tried it or heard any foreigner doing it? It’s not that it has not been tried before, it’s simply not allowed. Foreigners get screwed with a usufructs because of these arguments; that you are able to pass on the property to your heirs through a 30 year lease when you have a usufruct. That is a lie.

[katabeachbum]

I agree with the building permit part, but i responded to the suggestion in your post that a foreigner with a right of usufruct would have the right to issue and register a 30 year lease to someone else. Have you tried it or heard any foreigner doing it? It's not that it has not been tried before, it's simply not allowed. Foreigners get screwed with a usufructs because of these arguments; that you are able to pass on the property to your heirs through a 30 year lease when you have a usufruct. That is a lie.

havent done it or seen it done, but reading the law, its permitted as the basic idea of usufruct.

doenst make any land office accept it since they dont follow the laws, simply do what they want.

interesting subject, since an usufruct as single control of land could reduce lifetime of ususfructee significantly

[oracle]

havent done it or seen it done, but reading the law, its permitted as the basic idea of usufruct.

doenst make any land office accept it since they dont follow the laws, simply do what they want.

interesting subject, since an usufruct as single control of land could reduce lifetime of ususfructee significantly

When you come in the land office as a Thai national with a usufruct you may be able to register a lease, as a foreigner you are not. That’s how it works. Thia-yes, foreigner-no.

[OKF]

just to clarify, the land is owned by my company which I control and I am aware of the problems linked to companies controled by a foreigner so that is not the issue.

I would like to have a building permit in my own name but NOT do a leasing agreement yet. So as proposed here it will be okay to register a superficies? How does that work and how much does it cost?