Build Permission

[Mamasun]

Is it possible to put the buid permission ...and the house under a farang name ?

Or must do I have by exemple the build permission under my Thai architect and then the tabien ban on my name ?

I am a woman alone..Any return of experience in same situation ? (land on leasing)

Thanck's

[InterestedObserver]

Yes a foreigner can get a building permit and ultimately register a house in their name. First they would need to secure long-term land rights. A Tabien Bahn is not a house ownership document, it is a legal registration of who resides at that address.

Edited December 10, 2010 by InterestedObserver

[kamalabob2]

Yes a single or a married non-Thai citizen can easily obtain for a VERY modest fee the "Permission to Build" certificate from a local planning board in a small town, perhaps from a different place in a village, or in a large city. One of many steps in being granted a "Permission to Build" certificate is the relationship you have with the land, either lease or perhaps permission from the owner. A 2nd crucial item was actual professional BUILDING PLANS which show electrical and water aspects of your building plan. It could be the free "Government plans", free "CPAC plans" or professional plans from a licensed Thai architect. That Thai planning department will most likely NEVER come out and inspect your actual building progress or even at completion, yet they do require something to "inspect" on paper PRIOR to granting you the "permission to build" certificate.

Another important item you will need to have the "permission to build" certificate in YOUR NAME, and YOUR NAME only is one of these three:

1) Proof of current residence issued from your Embassy or Consulate in Thailand. If you tell the consulate or Embassy staff why you need such a form they will sell you the correct form.

2) A similar letter stating your residence from your nearest Thailand Immigration FULL SERVICE office. Could be free, could be 500 baht, all depends on the Moon and attitude of the Thailand Immigration office staff.

3) What I used was a "Yellow House book" showing my then current address in a rental house. I did not own this rental house, I just obtained the FREE "Yellow House Book" for when I lived in a rental house. By using the Yellow House book I saved a trip to Thailand immigration and any fees, OR a trip to a consulate or embassy and higher fees. That same Yellow House book has saved me MANY fees in proving my address.

The "permission to build" certificate made any bribe attempts or stalls at obtaining legal temporary electric service and permanent electric service, temporary water service and permanent water service go out the window. The fact I had a yellow house book for a rental address AND "permission to build" for the new address made the whole process go smooth.

After my house was completed and built then I took various paperwork to the office that originally granted the first Yellow House book, it was explained that I would be moving to a different town in the same province, and they placed a stamp in the first Yellow House book. The same day I took that stamped book to the new Government office of the small town where I would be living and they gave me a NEW Yellow House book showing me as the "Head of household" of that building. By that point (well after I obtained a "permission to build" certificate as a single person) my wife and I became married and she then got a new BLUE house book for the new house and was no longer in her village blue house book of her Dad.

The effort to obtain a Yellow House book is a one time effort with long lasting benefits. The fact you legally obtain PRIOR to the start of construction a "Permission to build" certificate will give you several benefits and you will have avoided being put into an awkward spot with police, corrupt utility office staff or any future hassle with a house insurance company. Your approved building plans and the yellow house book will be of crucial importance in the case of a major house insurance claim. If your home burned to the ground how would you establish what size and specs it was built? The approved house plans of course would be a real part of the procedure.

The cost is MINOR, very minor, well under 1000 baht for a too large of home, to obtain the "Permission to build" certificate. I paid around 800 baht for a five bedroom, six bath home WAY too large including a separate garage and pool for the "Permission to build" certificate. Most houses "permission to build" certificates are under 500 baht, the official fee was based on the square meters of the house as I recall.

It took two weeks for the planning department to issue the certificate. One change had to be made in the plans that held things up that long.

It took about 26 hours to issue my first Yellow House book, and about one hour to obtain the 2nd yellow house book.

[kamalabob2]

To the O.P.

"exemple the build permission under my Thai architect" I would NOT even consider this option. It is YOUR house, not the architect's house. If you consider the steps I took in a small Issan town, you can obtain all utilities in YOUR name, you have all "paperwork" in YOUR name and no need to drag Thai people into the equation to "complicate" things. A Thai architect can for a very modest fee design a home that suits YOUR needs, keeping the local harsh weather and soil conditions in mind, and in my pricing of four Thai architects they charged per square meter for the plans and did NOT get the final payment until the house was approved. They had to make any mandated charges to the plan at no extra charge if the changes were mandated by the building department. Not like the interior electricians followed that beautiful electrical plan to a "T" or any fantasy such as that.

You sure do not want your "Architect" to have "permission to build" in his/her name!!!! That scheme is ripe with dangers.

[Mamasun]

Yes a single or a married non-Thai citizen can easily obtain for a VERY modest fee the "Permission to Build" certificate from a local planning board in a small town, perhaps from a different place in a village, or in a large city. One of many steps in being granted a "Permission to Build" certificate is the relationship you have with the land, either lease or perhaps permission from the owner. A 2nd crucial item was actual professional BUILDING PLANS which show electrical and water aspects of your building plan. It could be the free "Government plans", free "CPAC plans" or professional plans from a licensed Thai architect. That Thai planning department will most likely NEVER come out and inspect your actual building progress or even at completion, yet they do require something to "inspect" on paper PRIOR to granting you the "permission to build" certificate.

Another important item you will need to have the "permission to build" certificate in YOUR NAME, and YOUR NAME only is one of these three:

1) Proof of current residence issued from your Embassy or Consulate in Thailand. If you tell the consulate or Embassy staff why you need such a form they will sell you the correct form.

2) A similar letter stating your residence from your nearest Thailand Immigration FULL SERVICE office. Could be free, could be 500 baht, all depends on the Moon and attitude of the Thailand Immigration office staff.

3) What I used was a "Yellow House book" showing my then current address in a rental house. I did not own this rental house, I just obtained the FREE "Yellow House Book" for when I lived in a rental house. By using the Yellow House book I saved a trip to Thailand immigration and any fees, OR a trip to a consulate or embassy and higher fees. That same Yellow House book has saved me MANY fees in proving my address.

The "permission to build" certificate made any bribe attempts or stalls at obtaining legal temporary electric service and permanent electric service, temporary water service and permanent water service go out the window. The fact I had a yellow house book for a rental address AND "permission to build" for the new address made the whole process go smooth.

After my house was completed and built then I took various paperwork to the office that originally granted the first Yellow House book, it was explained that I would be moving to a different town in the same province, and they placed a stamp in the first Yellow House book. The same day I took that stamped book to the new Government office of the small town where I would be living and they gave me a NEW Yellow House book showing me as the "Head of household" of that building. By that point (well after I obtained a "permission to build" certificate as a single person) my wife and I became married and she then got a new BLUE house book for the new house and was no longer in her village blue house book of her Dad.

The effort to obtain a Yellow House book is a one time effort with long lasting benefits. The fact you legally obtain PRIOR to the start of construction a "Permission to build" certificate will give you several benefits and you will have avoided being put into an awkward spot with police, corrupt utility office staff or any future hassle with a house insurance company. Your approved building plans and the yellow house book will be of crucial importance in the case of a major house insurance claim. If your home burned to the ground how would you establish what size and specs it was built? The approved house plans of course would be a real part of the procedure.

The cost is MINOR, very minor, well under 1000 baht for a too large of home, to obtain the "Permission to build" certificate. I paid around 800 baht for a five bedroom, six bath home WAY too large including a separate garage and pool for the "Permission to build" certificate. Most houses "permission to build" certificates are under 500 baht, the official fee was based on the square meters of the house as I recall.

It took two weeks for the planning department to issue the certificate. One change had to be made in the plans that held things up that long.

It took about 26 hours to issue my first Yellow House book, and about one hour to obtain the 2nd yellow house book.

Thanck you so much for your answer...thanck's everybody ...

Where do i get this yellow house book ?

here where i live now the Or bo tor don't want to put this building permission under my name, they repeat me that is need to be a Thai name ??? and i really don't know how I can make them understand that it's possible !

[Mamasun]

Yes a foreigner can get a building permit and ultimately register a house in their name. First they would need to secure long-term land rights. A Tabien Bahn is not a house ownership document, it is a legal registration of who resides at that address.

If possible can you please tell me step by step what to do ?

Thanck you...

[surayu]

Hello Mamasun, to get some more specific advise you need to tell us more about your specific situation and intentions, without this there is not much for people to help you, start with the land, who belongs to? what kind of land title is available for it? are you in a relationship with the owner of the land or any other thai national? this would be something to start with....

[Mamasun]

Hello Mamasun, to get some more specific advise you need to tell us more about your specific situation and intentions, without this there is not much for people to help you, start with the land, who belongs to? what kind of land title is available for it? are you in a relationship with the owner of the land or any other thai national? this would be something to start with....

i have a 30 years lease on the land , contract registerd in the land departement ,saying i can build a house on this land too ...i am a woman alone with no personal relationship with the owner of the land ,it's mean i don't want ( cannot) put the build permit on somebody else name !

Since 10 days I try to find a lawyer ...but find no one in my area ! try in Bangkok,Ko samui or Phuket they don't want to loose all day to come here or they don't phone me back or they don't know about this kind of law ect ect...no succes..!

Sorry English is not my native language ...but thanck you for any kind of help or any advices can help me in this difficult situation.

Ps . I don't have begin to build !

Edited January 5, 2011 by Mamasun

[surayu]

Ok, sometimes in this country you will encounter public employes that will tell you you cannot have something even if you are legally entitled to it, this is for a huge variety of different reasons which start from an adversion against any non-thai individual to just plain ignorance and refusing to deal with an enquiry just to not make a public display of it, or wanting some under the table cash, feeling in a bad mood, etc..... one experienced law firm getting good results battling these people is Isaan Lawyers, Sebastian a canadian guy is sharing also a great amount of free informations on the web, here are some links for you:

http://www.isaanlawyers.com/en/property/lease-agreement.html

http://www.thailawonline.com/

you can also find lots of usefull information on this forum too, just use the search function at the bottom of the page (the one on top seems to still have some issues), just some of the results:

http://www.thaivisa.com/forum/topic/53651-building-permit/

http://www.thaivisa.com/forum/topic/372771-approval-for-house-plan-by-or-bor-tor/

http://www.thaivisa.com/forum/topic/271864-por-bor-tor-5-or-to-bor-5-upgrade-possible/

Have a good read and don't forget to report back so others can benefit from your experience too

[Mamasun]

I have already read every post who speak about building permit ...on this forum and others !

I speack already with almost 10 lawyers...3 of them call already the Or bor tor and get the same answer : NO

I don't sleep anymore , and eat is almost a difficult thing to do !

i send a mail to the ministry of interior and land ! waiting for an answer without any optimism.

Thincking of others possibilities...but will tell here only if it's work !

Thanck you have a nice week end...

[surayu]

but have you tried to ask the lawyer i mentioned?

[Mamasun]

but have you tried to ask the lawyer i mentioned?

Not yet, i am waiting for an answer from an other one ! if not i will contact them, it was already on my plans ! thanck you...

[katabeachbum]

I have already read every post who speak about building permit ...on this forum and others !

I speack already with almost 10 lawyers...3 of them call already the Or bor tor and get the same answer : NO

I don't sleep anymore , and eat is almost a difficult thing to do !

i send a mail to the ministry of interior and land ! waiting for an answer without any optimism.

Thincking of others possibilities...but will tell here only if it's work !

Thanck you have a nice week end...

Sam at Phuket International Law office, Dowroong, Phuket town has a document from the Ministry of Interior and land (or whatever its called), to be used to convince stubborn Or Bor Tor or Tessabaan not granting foreigners buildingpermit. Needs to be supported by Certficate of Residence from Immigration. It works. Every time

[Mamasun]

Sam at Phuket International Law office, Dowroong, Phuket town has a document from the Ministry of Interior and land (or whatever its called), to be used to convince stubborn Or Bor Tor or Tessabaan not granting foreigners buildingpermit. Needs to be supported by Certficate of Residence from Immigration. It works. Every time

Really ? do you thinck I can get a copy of this paper ? you say Phuket town has. do you mean Phuket city hall ?

have a nice day