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He can own a house (Yellow Book)....


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Just reading a post in the Ask the Lawyer forum called House Deeds. I would of posted a reply there, but it is not possible.

Question "I know a foreigner cannot own land in Thailand but can the house deeds be in joint names?"

Answer from Somsak Lawyer " Yes it can. Although a foreigner can't own land, he can own a house (Yellow Book) and can own it wholly or jointly with another."

I was always under the belief that the famous Yellow Book was just an house address document, which could also list the owner. But by just having this doesn't mean you are the owner without the correct paperwork being registered at your local land office?

I know there's a pinned topic all about the Yellow Tabien Bahn Book, but just want to warn any readers that if a Thai property seller tells you "lets go to the Amphur Office get the Yellow Book transfered into your name and the house will be all yours" it's all very wrong.

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The Chanote is the property deed, so when you buy the property whatever is on the property is yours also. The Yellow Book for foreigners and Blue Book for Thais is just a document that shows that the address is registered with the local Amphur, has nothing to do with ownership

sorry, but that's an incorrect statement. the ownership of land and building can differ!

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Please show me a Chanote for just a house ?

chanotes for houses do not exist, chanotes are for land only. but if the ownership differs from the owner of the land it is mentioned in the chanote as other "diversions/restrictions" are mentioned such as lease, usufruct, superficies, building ownership and mortgages.

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Please show me a Chanote for just a house ?

Deed for a house is called a building license.

that's the first step but not valid if not entered in the chanote.

Yes it is, I recently sold my house, and at the land department two transfers happen at the same day.

1. transfer of the land from Thai owner to Thai owner.

2. House transfer from foreign owner to new Thai owner of the land.

Both transactions are performed separately.

The house needs to be announced for 30 days prior to the sale.

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A building license just gives you permission to build and it is never "closed". In other words unlike in the west there is never a final inspection by the Tessa Bahn that issued the building license

A building license combined with a Chanote will get you a Blue Book

At my place there was definitely a final inspection by the Tessa baan before issuing the blue book, which was issued with no Thai name on the first page.

Yellow book was issued there after with my name in it.

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A building license just gives you permission to build and it is never "closed". In other words unlike in the west there is never a final inspection by the Tessa Bahn that issued the building license

A building license combined with a Chanote will get you a Blue Book

but the building license in the name of a foreigner is mandatory if said foreigner wants to have ownership of the building.

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A building license just gives you permission to build and it is never "closed". In other words unlike in the west there is never a final inspection by the Tessa Bahn that issued the building license

A building license combined with a Chanote will get you a Blue Book

At my place there was definitely a final inspection by the Tessa baan before issuing the blue book, which was issued with no Thai name on the first page.

Yellow book was issued there after with my name in it.

Did they come in and check the finished house against the building permit and the " blueprint" submitted for the permit , or did they just come and see if there was a house there ?

In my case once the house was 70% completed the Blue Book was issued after they looked at it from the street

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A building license just gives you permission to build and it is never "closed". In other words unlike in the west there is never a final inspection by the Tessa Bahn that issued the building license

A building license combined with a Chanote will get you a Blue Book

At my place there was definitely a final inspection by the Tessa baan before issuing the blue book, which was issued with no Thai name on the first page.

Yellow book was issued there after with my name in it.

Did they come in and check the finished house against the building permit and the " blueprint" submitted for the permit , or did they just come and see if there was a house there ?

In my case once the house was 70% completed the Blue Book was issued after they looked at it from the street

They didn't take detailed measurements of the building, but they checked certain distances, like the perimeter wall and the distance from the curb stone to the road, and required me to apply for an additional license for a small building within the perimeter which wasn't on the original license.

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A building license just gives you permission to build and it is never "closed". In other words unlike in the west there is never a final inspection by the Tessa Bahn that issued the building license

A building license combined with a Chanote will get you a Blue Book

At my place there was definitely a final inspection by the Tessa baan before issuing the blue book, which was issued with no Thai name on the first page.

Yellow book was issued there after with my name in it.

Did they come in and check the finished house against the building permit and the " blueprint" submitted for the permit , or did they just come and see if there was a house there ?

In my case once the house was 70% completed the Blue Book was issued after they looked at it from the street

in my case nothing was checked and i had to pressure the building department for additional permits when adding a carport and a small staff house after i was first told "not really required".

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