Building Permit And Consequently House Book

[OKF]

Hi @ all,

I am soon starting my little project in Samui. I understand thatthe building permit is a very important documetn as it seems to determine that one is the owner of the house being built.

Into the 30 year leasing contarct for the land I had put 2 more Lessee's in case something should happen to me as the lease is not inherritable. It is specified in the contarct taht each Lesse can act on behlaf of the other whcih is like a POA.

So my question is would it be neccessary or wise to have the building permit in my name only or better if it is in all the Lessee's names? It would be much easier if in my name only. Also how about the house book. I read about a blue and a yellwo book here but really do not understand how or whether it is important.

Best regards

Oliver

[stgrhe]

Yes, the building permit is one of the instruments one needs to prove ownership of a house on leased land. However, the building permit does not automatically give you that ownership. You should preferably also have the building construction agreement in your name and also verifications that the money for the construction actually comes from your account. Finally, once the house construction has been completed you should register the house at the land office. There is, however, no specific title document for the house itself.

You say that the 30 years lease cannot be inherited. Why not I ask? If an inheritance clause is put on the land title document it would be fully legal and thus valid.

Since your intend is to separate the ownership of the land (which is leased) and the house I see no reason why you should add the other lease holders on the building permit. The land lease and the house constructions are two separate things. Note! if you do not separate the house properly from the land, it will automatically be deemed as leased! Most foreigners actually lease "their" house when they have a land lease although they believe they own the house.

Once the house has been completed you can apply for the blue house book at the tessaban. This book will show the registration of the house but it has nothing to do with the actual ownership of the house. Unless there is a Thai living in the house the blue book will have no manes inside.

The yellow house book can be applied for too, and this book will be a prof of you as a foreigner living at the premises. Also this book has nothing to do with ownership.

[kamalabob2]

STGRHE provided an excellent answer to this subject. I might add that if it is only your name on the building permit then you can be the person who signs up for the eventual Permanent electric service, Permanent Water service, and it makes things smoother on the house book process. That Yellow House book will save you time and money for many years to come in dealing with the Thai Government, and various utilities. Be sure to save your paperwork from the utilities as a refundable deposit will be part of the program, but the paperwork is crucial for any refund.