House Ownership Registration

[Krub]

Hi,

I know that land is regulated in Thailand and that most land is registerred at the land offices accross the country the top registration deed been the chanode.

In the countries where I lived (Belgium, UK and Japan), it is also required to register any construction on land for example, your house.

You can buy land, exchange money for the land deed, register your name on the deed.

The same goes for the house but it is a different deed and in some countries a different registration office.

Is there something similar in Thailand ? A deed or registration of the construction on a piece of land ?

I have been told that it does not exist and that the land deed comprises automatically any construction on it.

Does anyone have experience with registering a house separately from the land it is built on ? (I am not talking of Tabien baan which is more related to persons and not land or construction and does not 'proof' ownership)

[Bobcat]

Houses built on land are registered at a section of the land department which handle such registrations.

[stevehaigh]

i asked my lawyer about this. she said the tabien baan is the only registration document that describes who ownes the house.

i have a blue tabien baan book because I guess i registered the house in the name of my company, which is Thai of course. however, I think I would rather own the house personally, not my company. she said i can go get a yellow tabien baan book (the one for farangs) which will say I own the house. we can still keep the blue one for my girlfirend and kids.

i havn't tried to do this yet BTW and i'm not entirely sure my lawyer knows what she's talking about!

[Dragonman]

i asked my lawyer about this. she said the tabien baan is the only registration document that describes who ownes the house.

i have a blue tabien baan book because I guess i registered the house in the name of my company, which is Thai of course. however, I think I would rather own the house personally, not my company. she said i can go get a yellow tabien baan book (the one for farangs) which will say I own the house. we can still keep the blue one for my girlfirend and kids.

i havn't tried to do this yet BTW and i'm not entirely sure my lawyer knows what she's talking about!

<{POST_SNAPBACK}>

Sorry Steve, but I don't think she knows what she's talking about either

The yellow registration document, it ain't a Tabien Baan, has nothing to do with owning the property. It just means you live there!

As Bobcat stated, you can get the house registered at the Land Office. If they have anyone with any knowledge there(difficult); and if they believe you (easier if you own a property on your Company land.)

[stevehaigh]

Sorry Steve, but I don't think she knows what she's talking about either

The yellow registration document, it ain't a Tabien Baan, has nothing to do with owning the property. It just means you live there!

As Bobcat stated, you can get the house registered at the Land Office. If they have anyone with any knowledge there(difficult); and if they believe you (easier if you own a property on your Company land.)

<{POST_SNAPBACK}>

i looked at my Tabien Baan blue book and noticed it lists my company under "house name". at no point in there does it say anthing about owner so i think you are right.

i have another Tabien Baan here for a house owned by a Thai and the "house name" line is empty.

[stevehaigh]

i just found this link:

http://www.huahintoday.net/index.php?actio...ype=news&id=438

Buildings other than condominiums do not have any form of title document, but their sale or long lease can be registered at the Ampur (district) land office. Proof of ownership, must be established either from proof of construction or document showing previous sale-purchase (do not confuse this with the House License document, which is only a register of the house's occupants).

Transfer of a building as distinct from its land requires the posting of 30 days public notice (to see if anyone wishes to contest the ownership). Foreign nationals (aliens) may own a building (as distinct from its land) and may register such transfer of ownership into their names at the local district office.

[okinasan]

i just found this link:

http://www.huahintoday.net/index.php?actio...ype=news&id=438

Buildings other than condominiums do not have any form of title document, but their sale or long lease can be registered at the Ampur (district) land office. Proof of ownership, must be established either from proof of construction or document showing previous sale-purchase (do not confuse this with the House License document, which is only a register of the house's occupants).

Transfer of a building as distinct from its land requires the posting of 30 days public notice (to see if anyone wishes to contest the ownership). Foreign nationals (aliens) may own a building (as distinct from its land) and may register such transfer of ownership into their names at the local district office.

Hi Steve,

Just bought the book! Thanks. Does the above mean that , until we register the house it belongs to the builder???? Or whom? We are having problems with our builder right now-- we have a channot 30 year lease, renewable twice, the house is part finished. and is situated on a small (10 house) development.

Any advice much appreciated

okinasan

[Dragonman]

i just found this link:

http://www.huahintoday.net/index.php?actio...ype=news&id=438

Buildings other than condominiums do not have any form of title document, but their sale or long lease can be registered at the Ampur (district) land office. Proof of ownership, must be established either from proof of construction or document showing previous sale-purchase (do not confuse this with the House License document, which is only a register of the house's occupants).

Transfer of a building as distinct from its land requires the posting of 30 days public notice (to see if anyone wishes to contest the ownership). Foreign nationals (aliens) may own a building (as distinct from its land) and may register such transfer of ownership into their names at the local district office.

Hi Steve,

Just bought the book! Thanks. Does the above mean that , until we register the house it belongs to the builder???? Or whom? We are having problems with our builder right now-- we have a channot 30 year lease, renewable twice, the house is part finished. and is situated on a small (10 house) development.

Any advice much appreciated

okinasan

It would be up to the builder to prove in Court that the property was built and paid for by him, without your contributing. In this case, as the lease is in your name, this would be highly unlikely. It is more a case of Contract Law, where of course he could sue you for money owed, but the house would not be his.

[trajan]

Transfer of a building as distinct from its land requires the posting of 30 days public notice (to see if anyone wishes to contest the ownership). Foreign nationals (aliens) may own a building (as distinct from its land) and may register such transfer of ownership into their names at the local district office.

I think you are right. However, I still dont understand the logic of the concept of Mr. Foriegner owning the building, while Mr. Thai owns the land underneath the building. Cant Mr. Thai just kick Mr. Foriegner off the land and use the building himself??

or (to protect his rights) would Mr. Foriegner need to register a 30 year lease over the land too (in addition to owning the building itself)? If so, why own the building?? why not just register a 30 year lease over the land and building as a package??

[Dragonman]

Transfer of a building as distinct from its land requires the posting of 30 days public notice (to see if anyone wishes to contest the ownership). Foreign nationals (aliens) may own a building (as distinct from its land) and may register such transfer of ownership into their names at the local district office.

I think you are right. However, I still dont understand the logic of the concept of Mr. Foriegner owning the building, while Mr. Thai owns the land underneath the building. Cant Mr. Thai just kick Mr. Foriegner off the land and use the building himself??

or (to protect his rights) would Mr. Foriegner need to register a 30 year lease over the land too (in addition to owning the building itself)? If so, why own the building?? why not just register a 30 year lease over the land and building as a package??

Yes, Mr Foreigner would require a 30 year Land Lease. The reason behind owning the building is that you are not then required to advise the lessor everytime you need to make alterations or improvements,the lessor of the land also has no right to enter, and if the lease is not renewed you can be vindictive and demolish or remove the property.

[trajan]

Yes, Mr Foreigner would require a 30 year Land Lease. The reason behind owning the building is that you are not then required to advise the lessor everytime you need to make alterations or improvements,the lessor of the land also has no right to enter, and if the lease is not renewed you can be vindictive and demolish or remove the property.

maybe that might be some leverage to persuade a landlord to renew the lease for another term (without a giant hike in rental rates)....

but on the other hand....in light of the considerable time, effort and costs of building and customizing and improving your own house...I would personally greatly prefer a freehold situation.....(in that regard, a holding company seems best----unless, as I read in the newspapers, the Ministry of Commerce eventually fatally attacks the Thai holding companies used by Singapore's Temasek in taking over Shin (i.e., Kularb Kaew, Cedar, Cypress, and Aspen) which would set a very bad and ominous precedent.......but my predictions are that in March, the Ministry (friends of the PM) eventually affirms them as "Thai" companies, which would very much strenghten the concept of using "Thai" holding companies).....

however, if, by some turn of event, they are not affirmed as "Thai" companies, there will be serious and widespread repercussions in Thailand...not just for Temasek/Shin...but for many other companies like DTAC (Telenor of Norway also used lots of "Thai" holding companies in taking over UCOM/DTAC), let alone the thousands of tiny "Thai" holding companies used by average "Joes" to buy little townhouses....

Edited February 24, 2006 by trajan

[okinasan]

Transfer of a building as distinct from its land requires the posting of 30 days public notice (to see if anyone wishes to contest the ownership). Foreign nationals (aliens) may own a building (as distinct from its land) and may register such transfer of ownership into their names at the local district office.

I think you are right. However, I still dont understand the logic of the concept of Mr. Foriegner owning the building, while Mr. Thai owns the land underneath the building. Cant Mr. Thai just kick Mr. Foriegner off the land and use the building himself??

or (to protect his rights) would Mr. Foriegner need to register a 30 year lease over the land too (in addition to owning the building itself)? If so, why own the building?? why not just register a 30 year lease over the land and building as a package??

Yes, Mr Foreigner would require a 30 year Land Lease. The reason behind owning the building is that you are not then required to advise the lessor everytime you need to make alterations or improvements,the lessor of the land also has no right to enter, and if the lease is not renewed you can be vindictive and demolish or remove the property.

All this is getting very interesting, and I thank all of you for your posts---- one more question---

as I do have a 30 year renewable lease on my land already, who owns the part completed house right now? Is it the builder or is it me , as I have made substantial and regular stage payments which cover all the work which is being done?

Eileen

[Dragonman]

Transfer of a building as distinct from its land requires the posting of 30 days public notice (to see if anyone wishes to contest the ownership). Foreign nationals (aliens) may own a building (as distinct from its land) and may register such transfer of ownership into their names at the local district office.

I think you are right. However, I still dont understand the logic of the concept of Mr. Foriegner owning the building, while Mr. Thai owns the land underneath the building. Cant Mr. Thai just kick Mr. Foriegner off the land and use the building himself??

or (to protect his rights) would Mr. Foriegner need to register a 30 year lease over the land too (in addition to owning the building itself)? If so, why own the building?? why not just register a 30 year lease over the land and building as a package??

Yes, Mr Foreigner would require a 30 year Land Lease. The reason behind owning the building is that you are not then required to advise the lessor everytime you need to make alterations or improvements,the lessor of the land also has no right to enter, and if the lease is not renewed you can be vindictive and demolish or remove the property.

All this is getting very interesting, and I thank all of you for your posts---- one more question---

as I do have a 30 year renewable lease on my land already, who owns the part completed house right now? Is it the builder or is it me , as I have made substantial and regular stage payments which cover all the work which is being done?

Eileen

The Landowner,( but will form part of the lease) until you register the property with the Land Office when completed. Keep all documentation regarding your payments for construction if you want to go down this route.

[Nadia 2]

There is more to it (Title VI, Undue Enrichment Civil and Commercial Code) but to begin with

Section 1310; 'If a person has, in good faith, constructed a building upon another person's land, the owner of the land becomes the owner of the building, but he must pay the constructor for any increase of value accruing to the land by reason of the building.

However, if the owner of the land can show that there was negligence on his part, he may refuse to take the building and require that it be removed by the constructor and the land put in its former condition, unless this cannot be done at reasonable costs, in which case he may require the constructor to buy the whole or part of the land at the market price'.

Section 1313; 'If the conditional owner of a piece of land has constructed a building on it and the land becomes afterwards the property of another person by effect of the condition, the provisions of this Code concerning Undue Enrichment shall apply'.

The lease should of course not include clauses like;

Clause; All things constructed or repaired shall not be removed from the Property or destroyed when the Lessee vacates the Property; all such things shall become the property of the Lessor.

Clause; Upon expiration of the lease, the Lessee shall not claim any damages or removal costs from the Lessor.