Building Permits And Tambien Baan And Onwership

[rufanuf]

Hi All,

I am baout to obtain building permits for a property I am building on land that is in my wifes name (the freehold) The land has a lease on it in my name and my two partners in a business venture we are embarking on.

My wife is dealing with the municpal for our work permits. My questions are:-

Do the building permits have to be in the name of the OWNER of the building?

What are the OWNERSHIP issues fr the building?, if the land is leased to me and two others....

Will Tambien Banns ONLY be issued in the name of the person on the builiding permit?

My key concern is that the building will double both as a dwelling for me and my wife, but a place of business for me and my partners.

Just trying to ensure we get ownership and security for all.

Thanks in advance

Ruf

[rufanuf]

A typo in the above post. "work permits" should read "building permits" of course!

[ballbreaker]

Make sure the building permit has your and two partners names.

The blue Tambien Baan is only a house registration document stating who lives in structure. Only Thai people or foreigners with residence permit can be listed in that document.

You have a lease on property which gives you right construct buildings but at end of lease or you and property owner agree to cancel lease you must leave the building on property. If you have the property owner issue a right of Superficies in your and two partners names then you can remove building.

Make sure lease and Superficies are recorded on chanote.

[rufanuf]

Hi Ball breaker, thats useful thanks.....what are "superficies"?

[Crossy]

Hi Ball breaker, thats useful thanks.....what are "superficies"?

Google is your friend http://www.thailandlawonline.com/thai-contracts/contract-service-superficies-agreement.html

It MAY be a good idea to create your operating company with your business partners and then do the lease / superficies to the company rather than the individuals, hopefully those with more knowledge will comment on the advisability of this route.

[ballbreaker]

Crossy link should give you a clue.

If you guys want to do a bit more reading on this subject and others you might want to go to thailawonline.com.

Under Thai law tab select civil code and then in Property (Book IV Section 1410) you will find Superficies.