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Building Permit


GiantFan

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Excellent, now, finally, we are talking about law.

I do not believe I ever said a thing about "illegal".

I am not lazy, I just do not need your "realestate/law" forum...I just go to the law, thanks.

Now, back to the main point, you have referred us all to section 1410 of the Thai civil and commercial code. First of all, can you tell us how that supports the idea that the building permit makes you legal owner of your building?

It does not

Section 1410 in chapter III, book IV allows building and land to have separate owners. How to get there, to have land office register buildings ownership separate from land ownership and have this registration duplicated to tessabaans files, is previously described in this topic.

If you "just go to the law", you miss a lot. The practical way to obtain what law grants you, is not described in laws

very interesting. so now you think you have a legal ownership...which is not in "the laws". guess what, that does not work, not legally. good luck in court with that.

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No, I guess I must admit I am wrong. My apologies. After all, if a bunch a people say it, especially if a bunch of people who post a lot on a web forum, and more especially that post on web forum who's "legal" thread says it...it must be true. What was I thinking asking for the actual law??? We are humans and I should have just realized that if a bunch of people say something then that is the truth., obviously. Okay there was the "world is flat" thing...emmmm

It's a strange thing about facts and law in our world, we can evade them, unintentionally or intentionally...until they matter, then bascially no one can.

Anyway nevermind, I am sure that if katabeachbum or Livinginlos or those of you who believe "that is how it works" are ever in a Thai court over your legal rights to your home, you will have a lawyer who understands what a bunch of people believe and they can tell the judge that the judge should agree with that because a bunch of people believe that. A

And if they do not please just remember to show your lawyer the said forum's legal page comments on that...I am sure the judge will be duly impressed.

I have been through all this and your about right from my experience

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No, I guess I must admit I am wrong. My apologies. After all, if a bunch a people say it, especially if a bunch of people who post a lot on a web forum, and more especially that post on web forum who's "legal" thread says it...it must be true. What was I thinking asking for the actual law??? We are humans and I should have just realized that if a bunch of people say something then that is the truth., obviously. Okay there was the "world is flat" thing...emmmm

It's a strange thing about facts and law in our world, we can evade them, unintentionally or intentionally...until they matter, then bascially no one can.

Anyway nevermind, I am sure that if katabeachbum or Livinginlos or those of you who believe "that is how it works" are ever in a Thai court over your legal rights to your home, you will have a lawyer who understands what a bunch of people believe and they can tell the judge that the judge should agree with that because a bunch of people believe that. A

And if they do not please just remember to show your lawyer the said forum's legal page comments on that...I am sure the judge will be duly impressed.

I have been through all this and your about right from my experience

phuketlen, why did you post under another name?

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Excellent, now, finally, we are talking about law.

I do not believe I ever said a thing about "illegal".

I am not lazy, I just do not need your "realestate/law" forum...I just go to the law, thanks.

Now, back to the main point, you have referred us all to section 1410 of the Thai civil and commercial code. First of all, can you tell us how that supports the idea that the building permit makes you legal owner of your building?

It does not

Section 1410 in chapter III, book IV allows building and land to have separate owners. How to get there, to have land office register buildings ownership separate from land ownership and have this registration duplicated to tessabaans files, is previously described in this topic.

If you "just go to the law", you miss a lot. The practical way to obtain what law grants you, is not described in laws

very interesting. so now you think you have a legal ownership...which is not in "the laws". guess what, that does not work, not legally. good luck in court with that.

PPC, August 2004. Clear win, as house ownership registered in land office and tessabaan, separate from land ownership. Thai land owner did not appeal, and chose in addition to transfer ownership of land to my co ltd for a symbolic fee.

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PPC, August 2004. Clear win, as house ownership registered in land office and tessabaan, separate from land ownership. Thai land owner did not appeal, and chose in addition to transfer ownership of land to my co ltd for a symbolic fee.

With all due respect, your point is?...and please do tell us how what you say proves that a building permit = legal ownership of a building. Once again, if you or your "lawyer" cannot show it in the law, it is NOT legal. Now that is pretty simple, is it not?

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PPC, August 2004. Clear win, as house ownership registered in land office and tessabaan, separate from land ownership. Thai land owner did not appeal, and chose in addition to transfer ownership of land to my co ltd for a symbolic fee.

With all due respect, your point is?...and please do tell us how what you say proves that a building permit = legal ownership of a building. Once again, if you or your "lawyer" cannot show it in the law, it is NOT legal. Now that is pretty simple, is it not?

It still is not.

Buildingpermit is the start to become legal owner of a structure. Next step is to pay for structure and actually build it. Next step is to have proof of completion and approval issued, Tabien Baan. Last step is to have the ownership of structure registered at land office separate from land ownership.

Now you may be ready for PPC (Phuket Provincal Court) if required, as you have been fed with the most tiny teaspoon ever :)

Now that is pretty simple, is it not?

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This guy is pure troll :) Who do I believe more? 2 posters with 6,000+ posts who give information about proof of building ownership that I also believe to be true, or a newbie with 84 posts who simply throws back questions that are asked of him and never presents any concrete information.

He'll probably be offering a paid seminar to explain to us all how we have been doing it all wrong and how we can use his services to put it right...

Cue the ignore button :)

Simon

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This guy is pure troll :) Who do I believe more? 2 posters with 6,000+ posts who give information about proof of building ownership that I also believe to be true, or a newbie with 84 posts who simply throws back questions that are asked of him and never presents any concrete information.

He'll probably be offering a paid seminar to explain to us all how we have been doing it all wrong and how we can use his services to put it right...

Cue the ignore button :)

Simon

Simple question Simon, what law makes you owner of the building because you have you name in the building permit. Please ask all your posters and lawyers. Remember, my point his is not to teach you all the truth about building ownership but to show you all your posts and posters and "lawyers" do not know what they are talking about when they tell you having your name in the building permit makes you legal owner of the building in any way whatsoever. So...what law? And, BTW, to those of you have enough of a brain to understand that if a building permit makes you legal owner of a building, in any way, a law or laws must say that somewhere, you all are welcome.

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PPC, August 2004. Clear win, as house ownership registered in land office and tessabaan, separate from land ownership. Thai land owner did not appeal, and chose in addition to transfer ownership of land to my co ltd for a symbolic fee.

With all due respect, your point is?...and please do tell us how what you say proves that a building permit = legal ownership of a building. Once again, if you or your "lawyer" cannot show it in the law, it is NOT legal. Now that is pretty simple, is it not?

It still is not.

Buildingpermit is the start to become legal owner of a structure. Next step is to pay for structure and actually build it. Next step is to have proof of completion and approval issued, Tabien Baan. Last step is to have the ownership of structure registered at land office separate from land ownership.

Now you may be ready for PPC (Phuket Provincal Court) if required, as you have been fed with the most tiny teaspoon ever :)

Now that is pretty simple, is it not?

First, there is no such thing as "start to become legal owner". That is not how the law works, you either are the legal owner or you are not.

Second, Tabian Baan is not "proof of completion" nor "approval issued" nothing whatsoever to do with that, but if I am wrong, quote me the law that supports what you say, if it legally does what you say, a law will say that.

"Last step", you are starting to get close there, but are you so sure you do that "last step"? hemmm...I wonder, if the building is already there, who then owns it? I will teaspoon you there a bit, the land owner...and guess what, you can not legally separate the house then, legally you can only then transfer it.

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<snip> Second, Tabian Baan is not "proof of completion" nor "approval issued" nothing whatsoever to do with that, but if I am wrong, quote me the law that supports what you say, if it legally does what you say, a law will say that.

The Tabian Baan will NOT be issued until until the building is completed as per the approved plans to the satisfaction of the local planing office. Therefore by default the Tabian Ban does confirm "proof of completion" and "approval issued". I say this with my own first hand personal experience with both the Karon and Patong Tesibans.

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Simple question Phuketlen... Why should anyone believe a word you type when all you are saying is, "I know better that you, na-na-na-na-boo-boo", with coy, vague responses to reasonable put questions and statements? I particularly liked the early post when implied you know more/better than most Thai lawyers.

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<snip> Second, Tabian Baan is not "proof of completion" nor "approval issued" nothing whatsoever to do with that, but if I am wrong, quote me the law that supports what you say, if it legally does what you say, a law will say that.

The Tabian Baan will NOT be issued until until the building is completed as per the approved plans to the satisfaction of the local planing office. Therefore by default the Tabian Ban does confirm "proof of completion" and "approval issued". I say this with my own first hand personal experience with both the Karon and Patong Tesibans.

yep

a building permit for a +300sqm house is typical 40 A3 pages, and when the building is completed according to this permit, Tabien Baan can be applied for, building inspected and Tabien Baan issued.

Supported by the previous mentioned documents (buildingpermit and proof of payment for build), one can now apply land office for building to be owned separate from land, and registered as such. Foreigner, Thai national or company, for instance many banks own buildings for branches on leased land. Same teaspoon all over the country, as long as it is an area requiring buildingpermit and land title is NS3G or Chanote

Refering to laws as I have done previously in this topic apparently does not work with Phuketlen, as when done he still ignores them

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<snip> Second, Tabian Baan is not "proof of completion" nor "approval issued" nothing whatsoever to do with that, but if I am wrong, quote me the law that supports what you say, if it legally does what you say, a law will say that.

The Tabian Baan will NOT be issued until until the building is completed as per the approved plans to the satisfaction of the local planing office. Therefore by default the Tabian Ban does confirm "proof of completion" and "approval issued". I say this with my own first hand personal experience with both the Karon and Patong Tesibans.

Sure the Tabian Baan cannot, or at least is not supposed tot be issued until the structure has reached a certain stage of completion. But why do you assume that that is equivalent to "proof of completion"? Do you even know what a Tabian Baan acutally is, legally?

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Simple question Phuketlen... Why should anyone believe a word you type when all you are saying is, "I know better that you, na-na-na-na-boo-boo", with coy, vague responses to reasonable put questions and statements? I particularly liked the early post when implied you know more/better than most Thai lawyers.

I have not asked anyone to believe me mike, I have only asked them to: 1) question their own assumptions/advice and 2) simply tell me what law supports their assumption/belief. If I do NOT know "better" then Thai lawyers, I am ready to admit that here, but first, someone needs to tell me what law supports what they all are saying is legal. What law says a building permit gives you ANY legal ownership rights over a building? Simple question. And if you think I do not know better than most of the Thai lawyers, please, bring them here for us all to discuss and we shall see, I most welcome that.

Now, what law provides that a building permit gives anyone any legal rights of ownership over the building?

...now I know what it must have been like to realize that the world is not flat and try to tell others...

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Sure the Tabian Baan cannot, or at least is not supposed tot be issued until the structure has reached a certain stage of completion. But why do you assume that that is equivalent to "proof of completion"? Do you even know what a Tabian Baan acutally is, legally?

Ok, I'll continue to play along with your game. If you'll note I said that by default it's helps prove completion (to the Tesiban's satisfaction). In reality that mean little more than wall and roof complete and toilets connected and flush, but the main thing is that planning permission was granted. A Tabian Baan will not be issued if no planning permission granted. My understanding is that the Tabian Baan is a document where Thai nationals register their official address/residence at a government recognised address/location.

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Sure the Tabian Baan cannot, or at least is not supposed tot be issued until the structure has reached a certain stage of completion. But why do you assume that that is equivalent to "proof of completion"? Do you even know what a Tabian Baan acutally is, legally?

Ok, I'll continue to play along with your game. If you'll note I said that by default it's helps prove completion (to the Tesiban's satisfaction). In reality that mean little more than wall and roof complete and toilets connected and flush, but the main thing is that planning permission was granted. A Tabian Baan will not be issued if no planning permission granted. My understanding is that the Tabian Baan is a document where Thai nationals register their official address/residence at a government recognised address/location.

First of all Tabien Baan is Government acknowledge of a building, and in those areas buildingpermit is required, a building according to buildingpermit. It states how many storeys the building is, buildingpermit states how many sqm approved. This info is used on registering separate ownership of building from land, and it is used on every transfer of land/building to determine transfertaxes. Tabien Baan provides house with an adress/house number and an additional ID number. Needed to get permanent PEA supply and other utilities

Tabien Baan can have Thai nationals and PRforeigners registered as residents, but there is no requirement to register any resident in Tabien Baan. When Tabien Baan has registered residents, 1st resident becomes Master of House, and decides who can reside on property, and MoH must accept by signing whenever Tabien Baan is needed

Tabien Baan on untitled/lower title than NS3G/Chanote land, when upgrading to Chanote title, Chanote will in general and unless other info provided, be issued to first resident in Tabien Baan, called Master of House. Just made a swap in an Isarn Tabien Baan to ensure my GF becomes the registered owner of Chanote in a few months

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Tabien Baan can have Thai nationals and PRforeigners registered as residents, but there is no requirement to register any resident in Tabien Baan. When Tabien Baan has registered residents, 1st resident becomes Master of House, and decides who can reside on property, and MoH must accept by signing whenever Tabien Baan is needed

Tabien Baan on untitled/lower title than NS3G/Chanote land, when upgrading to Chanote title, Chanote will in general and unless other info provided, be issued to first resident in Tabien Baan, called Master of House. Just made a swap in an Isarn Tabien Baan to ensure my GF becomes the registered owner of Chanote in a few months

That's very interesting KBB. My wife has property with Tabian Baan where she is not registered (cos she is registered at another property), yet she has allowed tenants to register on that TB (allows their kids to go to local school). By your reasoning that first resident on Tabian Baan has a number of rights. Mmmm ... my wife argues that she only signs the document to say they are only 'living' there and have no rights. It's a very tricky theme and generalisations are not necessarily the rule.

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Tabien Baan can have Thai nationals and PRforeigners registered as residents, but there is no requirement to register any resident in Tabien Baan. When Tabien Baan has registered residents, 1st resident becomes Master of House, and decides who can reside on property, and MoH must accept by signing whenever Tabien Baan is needed

Tabien Baan on untitled/lower title than NS3G/Chanote land, when upgrading to Chanote title, Chanote will in general and unless other info provided, be issued to first resident in Tabien Baan, called Master of House. Just made a swap in an Isarn Tabien Baan to ensure my GF becomes the registered owner of Chanote in a few months

That's very interesting KBB. My wife has property with Tabian Baan where she is not registered (cos she is registered at another property), yet she has allowed tenants to register on that TB (allows their kids to go to local school). By your reasoning that first resident on Tabian Baan has a number of rights. Mmmm ... my wife argues that she only signs the document to say they are only 'living' there and have no rights. It's a very tricky theme and generalisations are not necessarily the rule.

tricky one. In general occupant in page 2 is Master of House, but there could of course be a code I have missed. Thinking of it, when swapping in GF Isarn Tabien Baan, they did not print a new one but stamped and signed for mum to step down and GF to be Master of House, but she is still in page 3 as Master of House. So there must be a code ;)

On the other hand a friend let another friends wife register in his Tabien Baan in page 2, later he got married, and wanted wife to be Master of House. Complicated, as Amphur had to issue new Tabien Baan to get resident moved to page 3 as resident, not master of House.

Obvioulsy I do not know all about this subject, thus keep my Tabien Baans clear :)

For an owner, in general it takes 6 months to get residents (including master of House) deleted from Tabien Baan. Not all buyers want to buy with residents, not all want to wait 6 months.

After transfer of land title/deleting of lease, removing residents can be done quickly tho

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tricky one. In general occupant in page 2 is Master of House, but there could of course be a code I have missed. Thinking of it, when swapping in GF Isarn Tabien Baan, they did not print a new one but stamped and signed for mum to step down and GF to be Master of House, but she is still in page 3 as Master of House. So there must be a code ;)

On the other hand a friend let another friends wife register in his Tabien Baan in page 2, later he got married, and wanted wife to be Master of House. Complicated, as Amphur had to issue new Tabien Baan to get resident moved to page 3 as resident, not master of House.

Obvioulsy I do not know all about this subject, thus keep my Tabien Baans clear :)

It states quite clearly (in Thai) on line 3 (can be any page from page 2, page 1 is property details) after the long ID number of the registered person, then its says position, either 'master of house' or 'living'. I have just dug out all our many TB books and had my wife translate. Have a look at your book KBB.

There does not appear to be any information about who owns the land or property in the TB. That's on the land document.

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tricky one. In general occupant in page 2 is Master of House, but there could of course be a code I have missed. Thinking of it, when swapping in GF Isarn Tabien Baan, they did not print a new one but stamped and signed for mum to step down and GF to be Master of House, but she is still in page 3 as Master of House. So there must be a code ;)

On the other hand a friend let another friends wife register in his Tabien Baan in page 2, later he got married, and wanted wife to be Master of House. Complicated, as Amphur had to issue new Tabien Baan to get resident moved to page 3 as resident, not master of House.

Obvioulsy I do not know all about this subject, thus keep my Tabien Baans clear :)

It states quite clearly (in Thai) on line 3 (can be any page from page 2, page 1 is property details) after the long ID number of the registered person, then its says position, either 'master of house' or 'living'. I have just dug out all our many TB books and had my wife translate. Have a look at your book KBB.

There does not appear to be any information about who owns the land or property in the TB. That's on the land document.

great, today i have learned how to separate Master of House from ordinary residents. Does this indicate a Tabien Baan does not need to have a Master of House?

Tabien Baan does not in any way indicate ownership, of land or house, but despite this separate house ownership is registered in tabien baan info at tessabaan/amphur

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great, today i have learned how to separate Master of House from ordinary residents. Does this indicate a Tabien Baan does not need to have a Master of House?

Sure, except for the one where my wife is registered, all our TBs have no master of house registered and only 'liv-in' residents registered in book, some TB's we have no-one at all registered.

Tabien Baan does not in any way indicate ownership, of land or house, but despite this separate house ownership is registered in tabien baan info at tessabaan/amphur

Agreed, the Tesiban registers the legal owner (internal paperwork) at the time when a new TB is issued or ownership changes.

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tricky one. In general occupant in page 2 is Master of House, but there could of course be a code I have missed. Thinking of it, when swapping in GF Isarn Tabien Baan, they did not print a new one but stamped and signed for mum to step down and GF to be Master of House, but she is still in page 3 as Master of House. So there must be a code ;)

On the other hand a friend let another friends wife register in his Tabien Baan in page 2, later he got married, and wanted wife to be Master of House. Complicated, as Amphur had to issue new Tabien Baan to get resident moved to page 3 as resident, not master of House.

Obvioulsy I do not know all about this subject, thus keep my Tabien Baans clear :)

It states quite clearly (in Thai) on line 3 (can be any page from page 2, page 1 is property details) after the long ID number of the registered person, then its says position, either 'master of house' or 'living'. I have just dug out all our many TB books and had my wife translate. Have a look at your book KBB.

There does not appear to be any information about who owns the land or property in the TB. That's on the land document.

WAIT...I thought you said it is in the building permit....??? But good to see you now understand that the TB has nothing to do with legal ownership of the house...dare you question the building permission??

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It states quite clearly (in Thai) on line 3 (can be any page from page 2, page 1 is property details) after the long ID number of the registered person, then its says position, either 'master of house' or 'living'. I have just dug out all our many TB books and had my wife translate. Have a look at your book KBB.

There does not appear to be any information about who owns the land or property in the TB. That's on the land document.

great, today i have learned how to separate Master of House from ordinary residents. Does this indicate a Tabien Baan does not need to have a Master of House?

Tabien Baan does not in any way indicate ownership, of land or house, but despite this separate house ownership is registered in tabien baan info at tessabaan/amphur

emmm...no, house ownership is NOT registered at the Tetsabaan.

But look above, its good to look, question the documents AND the law...what the law tells you the Tetsabaan registers or even gives you ownership of your house??...what law? If it is legal, then there MUST be a law that says that your lawyer or the forum here that you trust so well must be able to tell us. I await the reply and will be right here ready to be corrected by your said lawyer/forum....what law?

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Sure the Tabian Baan cannot, or at least is not supposed tot be issued until the structure has reached a certain stage of completion. But why do you assume that that is equivalent to "proof of completion"? Do you even know what a Tabian Baan acutally is, legally?

Ok, I'll continue to play along with your game. If you'll note I said that by default it's helps prove completion (to the Tesiban's satisfaction). In reality that mean little more than wall and roof complete and toilets connected and flush, but the main thing is that planning permission was granted. A Tabian Baan will not be issued if no planning permission granted. My understanding is that the Tabian Baan is a document where Thai nationals register their official address/residence at a government recognised address/location.

pretty much correct. so, legally it does establish ownership. BTW I am not playing a game, I AM helping you all out.

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First of all Tabien Baan is Government acknowledge of a building, and in those areas buildingpermit is required, a building according to buildingpermit. It states how many storeys the building is, buildingpermit states how many sqm approved. This info is used on registering separate ownership of building from land, and it is used on every transfer of land/building to determine transfertaxes. Tabien Baan provides house with an adress/house number and an additional ID number. Needed to get permanent PEA supply and other utilities

Tabien Baan can have Thai nationals and PRforeigners registered as residents, but there is no requirement to register any resident in Tabien Baan. When Tabien Baan has registered residents, 1st resident becomes Master of House, and decides who can reside on property, and MoH must accept by signing whenever Tabien Baan is needed

Tabien Baan on untitled/lower title than NS3G/Chanote land, when upgrading to Chanote title, Chanote will in general and unless other info provided, be issued to first resident in Tabien Baan, called Master of House. Just made a swap in an Isarn Tabien Baan to ensure my GF becomes the registered owner of Chanote in a few months

Fascinating...so you seem to believe that the TB is a title of ownership or something like and you "swapped" it to "ensure" your girlfriend becomes the regiserted owner...of...what?...wait, the land deed? I am sorry but can you explain that? and and can you please explain what law makes the TB give anyone ownership over the building?

Hem...wait I thought a Tabiaan Baan cannot be issued with out a legal building permit??? Correct?

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Tabien Baan can have Thai nationals and PRforeigners registered as residents, but there is no requirement to register any resident in Tabien Baan. When Tabien Baan has registered residents, 1st resident becomes Master of House, and decides who can reside on property, and MoH must accept by signing whenever Tabien Baan is needed

Tabien Baan on untitled/lower title than NS3G/Chanote land, when upgrading to Chanote title, Chanote will in general and unless other info provided, be issued to first resident in Tabien Baan, called Master of House. Just made a swap in an Isarn Tabien Baan to ensure my GF becomes the registered owner of Chanote in a few months

That's very interesting KBB. My wife has property with Tabian Baan where she is not registered (cos she is registered at another property), yet she has allowed tenants to register on that TB (allows their kids to go to local school). By your reasoning that first resident on Tabian Baan has a number of rights. Mmmm ... my wife argues that she only signs the document to say they are only 'living' there and have no rights. It's a very tricky theme and generalisations are not necessarily the rule.

You wife is correct. And, if anyone tells you different, tell them to show you the law that says they have any legal rights. Always make them and your lawyers here show you the law...do not just believe it because its on webforum, if it matters to you verify and your so called lawyer should be able to always easily so you what law supports/proves what they say.

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yep

a building permit for a +300sqm house is typical 40 A3 pages, and when the building is completed according to this permit, Tabien Baan can be applied for, building inspected and Tabien Baan issued.

Supported by the previous mentioned documents (buildingpermit and proof of payment for build), one can now apply land office for building to be owned separate from land, and registered as such. Foreigner, Thai national or company, for instance many banks own buildings for branches on leased land. Same teaspoon all over the country, as long as it is an area requiring buildingpermit and land title is NS3G or Chanote

Refering to laws as I have done previously in this topic apparently does not work with Phuketlen, as when done he still ignores them

Actually, I have not ignored your reference to the Civil and Commericial Code and the law of superficies. I agree that is the way one owns a house on land owned by someone else, legally. NOW you tell me what law gives you any legal rights of ownership, whatsoever, in a building, because you have the building permit...simple, what law?

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tricky one. In general occupant in page 2 is Master of House, but there could of course be a code I have missed. Thinking of it, when swapping in GF Isarn Tabien Baan, they did not print a new one but stamped and signed for mum to step down and GF to be Master of House, but she is still in page 3 as Master of House. So there must be a code ;)

On the other hand a friend let another friends wife register in his Tabien Baan in page 2, later he got married, and wanted wife to be Master of House. Complicated, as Amphur had to issue new Tabien Baan to get resident moved to page 3 as resident, not master of House.

Obvioulsy I do not know all about this subject, thus keep my Tabien Baans clear :)

For an owner, in general it takes 6 months to get residents (including master of House) deleted from Tabien Baan. Not all buyers want to buy with residents, not all want to wait 6 months.

After transfer of land title/deleting of lease, removing residents can be done quickly tho

oh god...sorry but none of this matters to ownership of building or even "residents" in a house book.

what law says a building permit or a house book has ANYthing to do with LEGAL ownership of the building? What law? YES this IS "rehtorical" because neither you nor your lawyer nor the "6000" posters on this forum can answer that...for some reason :rolleyes:

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