Help With Buying House

chrisandsu · July 3, 2011

Hi all,

was wondering if anyone could shed some light on the normal procedure on buying a house ?

neither my wife or i live in Thailand we are looking at purchasing a small holiday home, her family has viewed the house and said its all good but what sort of things do we need to check on? and do we have to be there to sign papers or will faxing and scanning be acceptable? oh by the way its about to start construction i also have a good friend who lives near by who will be checking on things for me any advice would be greatly appreciated

thanks

Soutpeel · July 3, 2011

Making sure you actually own the ground its on would be a good start

InterestedObserver · July 3, 2011

If it's new construction, get your name on the building permit!

jaapfries · July 3, 2011

If it's new construction, get your name on the building permit!

When buying/constructing a house in Thailand, there are many, many potential pitfalls. Pleas PM me and I will send you my check-list, if you like.

Also; where about's in Thailand are you referring to ?

Cheers

JaapFries

Edited July 3, 2011 by jaapfries

chrisandsu · July 4, 2011

thanks jaapfries silly question but how do i pm?

InterestedObserver · July 8, 2011

If it's new construction, get your name on the building permit!

Not the intention of Hi-Jacking the OP's thread, but when the Land is in the Thai name do I still then need a building permit?

And another question: Is this for only for example Pattaya, Bangkok, Phuket or is the need for a building permit Nation Wide ?

1. If you expect to own the house separate from the land then you need your name on the building permit or sales agreement in order to register ownership of the house at the Land Office. You would also need rights to occupy the land such as a long-term lease or usufruct. If wife or girlfriend is to own everything, then no problem.

2. The requirement for a building permit under the Building Control Act is not enforced by many rural administrations, ask locally.

kitch · July 8, 2011

Hi Chris,

The way you are buying is the way that I have bought and the normal procedure for buying off plan, as far as I am aware.

I think the point raised about having your name on the building permit is when a foreigner intends to be able to hold the house in his name separate from the land. i.e - you buy some land and then hire a builder and want to be able to protect the ownership of the house from the wife in case of split.

The building permit is issued at the beginning and to the 'owner' at that time. There may be a way of adding/changing a name. I don't know that answer and not heard of it being done.

The land office etc. is pretty informal. I changed a house drawing and it wasn't an issue. If the house was basically the same on the outside that was it. One of my cad drawings was changed with a biro pen. To start again from the beginning was money and time and not necessary.

I better say who I am. I am Ann's other half. I have gained about 50% of my diy knowledge from this forum so when I was checking today, I recognized your name below. I'm away from Thailand at the moment so communication sometimes difficult with Ann. She did ask me a building permit question today but I haven't had chance to speak to her again - she's at a cousins wedding.

I am not involved with this project of houses (except helping Ann with some technical questions)but I do have a lot of business with the builder. Ann is really keen to do a good honest job. She will be wery angry at me for replying but will have cooled down when I return. The builder doesn't always understand when a customer has a question. That is where Ann comes in and I can help with the perspective of a farang. They think I am obsessed with detail.

Sometimes on forums, there is an obsession with protecting everything from the spouse and a lot of advice is given to do just that. For me, I wouldn't take anything from the kids, they can have it all and I will start again. Protecting yourself from corrupt builders is a different story. Thankfully, our town doesn't have those types yet.

Please feel free to ask anything. I will be home in a week or so and will check with Ann that any building progress is correct. I wouldn't allow the builder to do something which would cause somebody to be upset with the wife later. If I had the cash, I would probably build some houses the same as yours. The location is good and for the actual size, they seem pretty spacious inside.

I have the lake down the road, so when you are staying in town, we should hopefully get to meet and you can help yourself to fish.

regards - David.

stgrhe · July 9, 2011

If it's new construction, get your name on the building permit!

Not the intention of Hi-Jacking the OP's thread, but when the Land is in the Thai name do I still then need a building permit?

And another question: Is this for only for example Pattaya, Bangkok, Phuket or is the need for a building permit Nation Wide ?

1. If you expect to own the house separate from the land then you need your name on the building permit or sales agreement in order to register ownership of the house at the Land Office. You would also need rights to occupy the land such as a long-term lease or usufruct. If wife or girlfriend is to own everything, then no problem.

2. The requirement for a building permit under the Building Control Act is not enforced by many rural administrations, ask locally.

Well, one can actually also be the owner to the dwelling even if the building permit is in another persons or company's name although it is a more complex procedure. However, I do recommend a superficies to be registered in addition to a long-term lease, usufruct or a right of habitation, whichever you opt for. The reason for that is that the superficies is the only section in the C&CC law that clearly states that the holder have the right to built dwellings on the land-owner's land.

Also, as IO says, ensure the construction agreement is in your name and make sure the payments are made from your account. Finally, separate the construction agreement and the land purchase / lease agreement from one another.

Darrel · July 9, 2011

My approach is to assume from the outset that every Baht "invested" in property in Thailand could be entirely lost, and that every single person involved with any sale is a complete crook and only out to get as much as they can from it, with no regard at all for anyone or anything else. (This includes vendors, agents, "helpful" family or friends, lawyers, builders, developers, neighbours, the government etc. etc.)

That way I am never disappointed and sometimes am pleasantly surprised.

Some people may say that this is unduly pessimistic, but a quick glance through old posts here should make them realise just how often people (not just farangs) have lost a lot of money when doing anything involving property here. And for every one who posts here there are probably a hundred more who dont.

Yes, I'm sure that there are some farangs who have done well, bought bargains from the Thai brother in law that they resold a year later for 3 times the price, or even lived in happily for decades, and have never been lied to by an agent or builder, but I dont think they outnumber the losers.

Caveat emptor is the watch phrase.

chrisandsu · July 9, 2011

Hi Guys

thank you for the reply's .

David its great to finally hear from the man! lol Ann and Khun mee have done a Stirling job with keeping us informed and updated on everything we have asked of them my mother in law really warmed to the both of them and would like to say thank you for the hospitality . I have had dealings in Thailand before some bad but most good and what both of those showed was excellent they have been so flexible and easy to work with if anyones reading this and is looking for a great little home in ban chang then i would strongly recommend speaking to these guys and at a really great price you cant go wrong , and no im not related or in business with them but a very happy customer

Chris

chrisandsu · July 13, 2011

Dis re-guard my earlier post as i may of jumped the gun this thread could come in handy to people who are looking to build as well, the pitfulls the pain and the maybe jubilation lol ill keep posting if anyones interested

Darrel · July 13, 2011

................you cant go wrong.................

Dis re-guard my earlier post as i may of jumped the gun.............................

Welcome to Thailand.

Edited July 13, 2011 by Darrel

adskiremote · August 11, 2011

Hi,

you might find this useful. It's a free guide on what to watch out for when buying here.

I got it from this website a few weeks ago and so far I've found it pretty good. I hope it helps you.

http://blog.oceanvillasgroup.com/the-definitive-guide-to-buying-property-in-thailand-new-2011-edition/

Adam

PS.. and no I'm not affiliated with this site or company.

chrisandsu · November 4, 2011

OK here goes, after my previous posts i thought i would leave it some time before i posted again just to let people know how its going , i am actually pleasantly surprised with how things have gone its been much easier then first thought .

We have had to be on top of things as they can fall of track pretty easily but then this is Thailand! once we both realised what worked for us she (khun mee) just gave us a budget on what we needed and we chose it our self with all thanks to my sister and mother inlaw who have been great and we have found it much easier to converse with them as obviously we are not in the country and its been truly helpful (thank you Bangkok floods) but it has worked out great for us and i feel we have got a great bargain for the money! here is some pictures on how things have gone sorry they are not extensive but takes so long to download.

if anyone needs khun mees contact details i will be glad to pass them on