Building permit problem to farang

[Phanganguy]

Not wishing to cross post... But maybe someone can advise with the issue I posted in the samui forum.... The local tessaban says... Can not issue building permit to farang... Farang can not lwn house!!!!

Help!!!

[A. BOOZER]

Not trying to be clever, but wouldn't it be more appropriate for the owner of the land to make the building permit application?

[jvs]

Go get some one higher up the ladder! You can own a house being a foreigner,you can just not own the land.

Maybe you will need the help of some one they will listen to,also there must be other foreigners who build a house there?

[kamalabob2]

JVS is correct. PM me and I'll send you a scan of my "permit to build". I own the house. My wife owns the land. The Permit to build is simple. I needed to prove where I currently lived, prior to the beginning of construction, so instead of paying Thai Immigration for a letter, or paying the US Embassy for a document, I easily obtained a "Yellow House Book" in 2 days. Once I had the proof of address it went smooth to obtain a permit to build. With the permit to build, there was no run around or graft attempts on PEA, water, house number, telephone, internet provider connections. All in my name, not my wife's name. The fact I never slept a single night in the home of the address listed on the yellow house book played no role in obtaining the first yellow house book. Once I moved to the new home when it was built, I then turned in my yellow house book in one city and was given a new yellow house book in the current city. All done free. The permit to build fee is on a sliding scale, based on size and/or height. 30 baht document fee, then 50 satang per square meter if not over a listed height or larger than a listed number of square meters. My wife also owns a village house where the land is in her name, the permit to build is in her name as well as the utilities are all in her name. The annual land tax for both parcels are in my wife's name as she owns the land. The local Tessaban might not be the exact office that approves building plans. It is not the same office that you pay land tax bills, not the same office you pay land transfer taxes. In our small town it is a separate building with engineer sort of staff to look at house plans and to approve house plans and issue the "permit to build",

[ChanJay]

Got a building permit for the house we built. At first they told me that it was not possible for a farang to get one. I made my lawyer make a phone call, to explain the laws and regulations. When coming back the next day, all problems were solved and I got my building permit without any further hassles.

BTW, I do have a usufruct on the land.

Edited February 28, 2016 by ChanJay

[Phanganguy]

Thanks kamalabob and chanjay... You are the only 2 guys to date who have responded in the positive!!! (must be more out there but maybe they are just living their lives 555)

Will pm you K...

Am about to try the next level up the foodchain... Head of planning... Failing that Ill try the lawyer approach.... Refuse to be beaten on this one....

[bangkoklawyer24]

The Land Code of Thailand may not prohibit foreigners to acquire house ownership - but the Civil & Commercial Code does prevent this not only for foreigners but also for Thais. Villa buyers on leased land have typically no real legal ownership, but just a weird Thai-style pseudo-ownership. Their investment is therefore more at risk as they think.

[Phanganguy]

I believe leased land plus my name on the building permit will give adequate cover... 30 years use of land and house ownership as specified on the building permit

....nothing is totally secure and so long as it all holds together longer than I do 5555