"Property" Ferangs Can or Cannot buy...

[Maroon Watcher]

Can someone clarify/expand this request just placed in the Legal forum...

"... I currently work overseas and spend my leave in Thailand. I am never in Thailand for more than 30 days so being from the UK
I enter under the visa exemption rule. Can I buy property entering the country like this? "

The reply being "yes you can"

But did they mean Property described as Non commercial, not a house/villa or Land -

Or did they mean He can buy... an apartment or Condo...only?

Thanks

[Crossy]

The only property a non-Thai can buy in his own name is a condo (not an apartment), and that must be part of the 49% foreign-ownership allocation.

[Maroon Watcher]

... the guy with question is from UK - where we don't have Condos.

In the UK they are called leashold "Flats" (Flat roofs) Or if they are Luxury property they are called "Apartments" Leasehold or Owned outright.

The only property a non-Thai can buy in his own name is a condo (not an apartment), and that must be part of the 49% foreign-ownership allocation.

[Crossy]

This thread defines a condominium in Thailand and the act that controls them http://www.thaivisa.com/forum/topic/320264-the-condominium-act-and-definition-of-a-condominium-in-thailand/

If it doesn't come under the condominium act a non-Thai cannot own it.

[farang62]

The law is clear. A foregner Can NOT own LAND, in Thailand.

This question has been asked thousands of times over the yeras on this forum.

I don't see how much simpler that can be.

Note the key words OWN and LAND.

[PattayaPhom]

I think the OP just needs to know if a visa/extension is required to purchase property rather than ownership legislation. Property can be leased or purchased on a visa exempt stamp

[MW72]

I asked the original question of the lawyer. I plan to live up north in the countryside so not many condos around there. The plan is to have a 30 year lease on land or an usufruct and then build a house. If I find a house already built then the land will be in the girlfriends name and the house in mine. From the research I have done and the other threads I have read this is all perfectly legal. I certainly don't want to take a risk and try to buy land through a company.

[Maroon Watcher]

Please let me know what happens - I have a similar house... I would like to pass it on to my son....

I asked the original question of the lawyer. I plan to live up north in the countryside so not many condos around there. The plan is to have a 30 year lease on land or an usufruct and then build a house. If I find a house already built then the land will be in the girlfriends name and the house in mine. From the research I have done and the other threads I have read this is all perfectly legal. I certainly don't want to take a risk and try to buy land through a company.

[Langsuan Man]

I asked the original question of the lawyer. I plan to live up north in the countryside so not many condos around there. The plan is to have a 30 year lease on land or an usufruct and then build a house. If I find a house already built then the land will be in the girlfriends name and the house in mine. From the research I have done and the other threads I have read this is all perfectly legal. I certainly don't want to take a risk and try to buy land through a company.

Both ways have risks

Don't automatically assume that a Thai landowner will be willing to give you a usefruct or thirty year lease on the property you may find

Having your GF buy the land and then giving you an usfruct or 30 year lease can, like setting up a company to purchase land, be construed as having her act as your nominee to circumvent the property restriction on foreigners. The Land Office is going to have something to say about it and may require her to certify that she is not acting as a nominee

To be perfectly honest the chances of my "company" turning on me are substantially less than your GF turning on you. Seriously, don't you think that if pissed off enough she can make your "possession" of a house on her land a living hell

If things go tits up do you think that you can stop here from raising chickens on her property, or opening a karoke bar next to the house, or whatever else a devious woman scorned can come up with ?

And please don't tell me: But my girl is different

[MW72]

I asked the original question of the lawyer. I plan to live up north in the countryside so not many condos around there. The plan is to have a 30 year lease on land or an usufruct and then build a house. If I find a house already built then the land will be in the girlfriends name and the house in mine. From the research I have done and the other threads I have read this is all perfectly legal. I certainly don't want to take a risk and try to buy land through a company.

Both ways have risks

Don't automatically assume that a Thai landowner will be willing to give you a usefruct or thirty year lease on the property you may find

Having your GF buy the land and then giving you an usfruct or 30 year lease can, like setting up a company to purchase land, be construed as having her act as your nominee to circumvent the property restriction on foreigners. The Land Office is going to have something to say about it and may require her to certify that she is not acting as a nominee

To be perfectly honest the chances of my "company" turning on me are substantially less than your GF turning on you. Seriously, don't you think that if pissed off enough she can make your "possession" of a house on her land a living hell

If things go tits up do you think that you can stop here from raising chickens on her property, or opening a karoke bar next to the house, or whatever else a devious woman scorned can come up with ?

And please don't tell me: But my girl is different

I was going to put a foot note to my post saying that I was now just waiting for someone to tell me that if I got an usufruct I would be worth more dead than alive or that if the girlfriend wanted me out her whole family would turn against me and make my life a living hell. I then thought why should I bother, it would only encourage the negative doom mongers out there but congratulations to you for being the first to live up to my expectations.

I appreciate that you are more than likely trying to be helpful and give some good advice to the naive that may think nothing can go wrong. If you had seen the original question I posted to the lawyer you would have seen that I have decided to rent until I am sure that I want to put down more permanent roots. I asked the question so that if I ever think about buying I am fully aware of the legal situation. I also would not invest more than I was willing to walk away from.

You seem to suggest that using your "company" is a much safer bet. I don't know your circumstances but I believe that setting up a company to buy land is illegal unless you have a genuine business. I know it has been done many times but it is still illegal and if the authorities decide to crack down on offenders then many people could lose their land and businesses. You also cannot own a controlling share in what you call your own company. If my girlfriend owns the land then I have one person to worry about. Using a company I would have the owners of the 51% of the shares to worry about and the authorities.

[Langsuan Man]

Well since you like to the Ask The Lawyer for advice then see what he says about owning a house in a company name.

http://www.thaivisa.com/forum/topic/723747-land-ownership-by-thai-company/

or here

http://www.thaivisa.com/forum/topic/714776-set-up-new-company-so-can-own-land-here/

I still maintain that it is a lot less dangerous than trusting a woman in Thailand, but that is IMHO, Especially since TV is littered with posts from members that have had problems with their SO, yet no one has ever reported losing their property owned by their company

You posted here and if you don't like the answers you get, then you can either not read the answers or don't post

[Bernard Flint]

I asked the original question of the lawyer. I plan to live up north in the countryside so not many condos around there. The plan is to have a 30 year lease on land or an usufruct and then build a house. If I find a house already built then the land will be in the girlfriends name and the house in mine. From the research I have done and the other threads I have read this is all perfectly legal. I certainly don't want to take a risk and try to buy land through a company.

Both ways have risks

Don't automatically assume that a Thai landowner will be willing to give you a usefruct or thirty year lease on the property you may find

Having your GF buy the land and then giving you an usfruct or 30 year lease can, like setting up a company to purchase land, be construed as having her act as your nominee to circumvent the property restriction on foreigners. The Land Office is going to have something to say about it and may require her to certify that she is not acting as a nominee

To be perfectly honest the chances of my "company" turning on me are substantially less than your GF turning on you. Seriously, don't you think that if pissed off enough she can make your "possession" of a house on her land a living hell

If things go tits up do you think that you can stop here from raising chickens on her property, or opening a karoke bar next to the house, or whatever else a devious woman scorned can come up with ?

And please don't tell me: But my girl is different

I <deleted> arent married, u said your gf, then u need a will. If your gf dies before u, the house and land would belong to her next of kin, her mum/ dad., unless she has a thai will, which i doubt

[MW72]

Well since you like to the Ask The Lawyer for advice then see what he says about owning a house in a company name.

http://www.thaivisa.com/forum/topic/723747-land-ownership-by-thai-company/

or here

http://www.thaivisa.com/forum/topic/714776-set-up-new-company-so-can-own-land-here/

I still maintain that it is a lot less dangerous than trusting a woman in Thailand, but that is IMHO, Especially since TV is littered with posts from members that have had problems with their SO, yet no one has ever reported losing their property owned by their company

You posted here and if you don't like the answers you get, then you can either not read the answers or don't post

That is the opinion of one lawyer. Here is a quote from Sunbelt Legal's website

"Foreigners are not legally allowed to own land although with a few exceptions they can own one rai of non-inheritable land. That said, many foreigners started majority Thai owned limited companies with the sole reason of buying land and this loophole is now being closed as more land offices are cracking down on non-active companies that purchase land. The Thai government has issued guidelines for local Land Offices to follow in regards to partially foreign owned companies buying and holding land. The use of nominee shareholders is being eliminated and this is not a wise way to obtain land.

Current regulations require that the company be an actively trading business with money flowing through the books, shareholders meetings must be held, minutes taken and yearly audits filed. Additionally the company must have a legitimate business purpose that is registered with the Business Registration Department.

The Land Office will investigate all Thai shareholders of a company wishing to purchase land and ensure that they are legitimate investors with enough financial resources to actually invest the required amount of capital in the company"

Whilst there are not many posters who have had issues with this it is possible that there may be a crackdown in the future just as is happening with visa runs just now. The law is already there it is just a case of it being implemented.

I appreciate the different points of view that people put across on forums. That is the whole point of people asking for advice. They are able to discuss the answers and form an opinion. To state that if I don't like the answer I should not post is nonsense. As for saying if I don't like the answer then don't read the answer, how on earth would I know I don't like the answer if I haven't read it?

You obviously don't agree with my response but it didn't stop you posting which is your right on an open forum just as it is my right to reply.

[davejones23]

The law is clear. A foregner Can NOT own LAND, in Thailand.

This question has been asked thousands of times over the yeras on this forum.

I don't see how much simpler that can be.

Note the key words OWN and LAND.

That is generally true, but foreigners can own land if they invest a certain amount of money in Thailand.

[Som wat]

The only property a non-Thai can buy in his own name is a condo (not an apartment), and that must be part of the 49% foreign-ownership allocation.

Not true.

A foreigner can own a house in Thailand, if it is a seperate legal entity to the land that it is on.

It is easier to do this if the house is not yet built.

The house can of course be a wooden house built on stilts, a prefab house, etc etc, getting away from the notion that all houses are concrete and completely connected to the land (un-movable).

[Som wat]

The law is clear. A foregner Can NOT own LAND, in Thailand.

This question has been asked thousands of times over the yeras on this forum.

I don't see how much simpler that can be.

Note the key words OWN and LAND.

That is generally true, but foreigners can own land if they invest a certain amount of money in Thailand.

True.

40m baht investment.

1 rai of land.

A loophole of sorts that allows foreign embassies to own the land they sit on, and is open to all non-Thais.

[Maroon Watcher]

wow is this true (seems logical - ooops Thailand)

Is that why there are so many "cottages"....???

The only property a non-Thai can buy in his own name is a condo (not an apartment), and that must be part of the 49% foreign-ownership allocation.

Not true.

A foreigner can own a house in Thailand, if it is a seperate legal entity to the land that it is on.

It is easier to do this if the house is not yet built.

The house can of course be a wooden house built on stilts, a prefab house, etc etc, getting away from the notion that all houses are concrete and completely connected to the land (un-movable).

[Som wat]

Don't know what you mean about 'cottages'.

Yes it is true.

There is nothing stopping a foreigner from legally owning a house in Thailand. The issue is the land, as they cannot legally own that without investing 40m baht in the country.

Different ways of kind of going around that, plenty of info on that.

As long as the house is a seperate legal entity to the land then there is no problem in owning it. This is easier (mush easier) if the house is not yet built.

Houses that can be dismantled and moved - prefab houses, wooden houses etc - make it even easier, as they can be dismanteled and moved to another plot of land, that you can easily rent for 30 years yourself.

A decent, safe approach would be to lease a plot for 30 years, and have a wooden house built on it by a company that specializes in them, plenty of them about, some also advertize that they can then re-move the house to another plot if you then wish at a later date.

The idea of a farang having so much freedom and power over their own house in Thailand would be deeply resented by many Thais (the ones who delight in farang misfortune and want to put them down at every chance).

The truth is that many people just believe what they are told, and the people telling them probably believe it themselves!