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Can I own and live in a ground floor condo in a condominium complex?


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No you cannot live in the space on the ground floor. It was designed and approved as a shop space, and not a residence.

At least a couple of the ground floor units in our building are businesses, one a restaurant and one a laundry) and the owners live at the back. There were offices on the first floor (i.e. one up from ground floor). After one large office was vacated, the space was converted to residential units.

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I have read somewhere that as a foreigner you cant own any condo up to and including the 4th floor. For a definitive answer maybe it would be best to check with the land registry office.

I don’t believe this is true. There are many low rise Condo's with only 6-8 floors especially in Pattaya, and this would basically rule out nearly half the floors to foreign purchasers. Ground floor units are fairly popular with some farangs as well. I have seen ground floor units sold and transferred at the lands department to foreign buyers.

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I don't know about Thailand. In other countries I do know, a condo is a method of ownership, not a design.

The land belongs to the association and the condo buyer owns the unit. The buyer gets what's legally called an "undivided interest" in the association which owns the land. That term means that there is no specific part (it's not divided up specifically) that any one owner owns. They all own it jointly in an undivided way. Think of how you might own a car with a partner. You don't own the left half etc., you both own all of it in an undivided way.

My understanding is that this is why you can own a condo. You don't own any specific, divided part of the land. You own an interest in the association which owns the land.

Cheers.

Just for interest,if the whole building came tumbling down and the land was cleared and sold what would farang owners get.If sold in 1 year would they get a piece of pie or if the Thai 51% held out for over a year would they get it all.Just a hyperthetical.

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I don't know about Thailand. In other countries I do know, a condo is a method of ownership, not a design.

The land belongs to the association and the condo buyer owns the unit. The buyer gets what's legally called an "undivided interest" in the association which owns the land. That term means that there is no specific part (it's not divided up specifically) that any one owner owns. They all own it jointly in an undivided way. Think of how you might own a car with a partner. You don't own the left half etc., you both own all of it in an undivided way.

My understanding is that this is why you can own a condo. You don't own any specific, divided part of the land. You own an interest in the association which owns the land.

Cheers.

Just for interest,if the whole building came tumbling down and the land was cleared and sold what would farang owners get.If sold in 1 year would they get a piece of pie or if the Thai 51% held out for over a year would they get it all.Just a hyperthetical.

You, farangs, cant own land. You would get SFA, except a bill for clearing your debris off the land of the land owner. Could cost an arm and a leg.

Edited by sandgroper2
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Just for interest,if the whole building came tumbling down and the land was cleared and sold what would farang owners get.If sold in 1 year would they get a piece of pie or if the Thai 51% held out for over a year would they get it all.Just a hyperthetical.

All co-owners own a proportion of the JP, according to their voting ratio. The JP owns the building and (normally) the land. The condo act explains how a condo can be dissolved and if this happens then all co-owners should get the correct proportion of whatever results from the sale of what's left.

Some older condo buildings with big car parks and gardens are sitting on a lot of land which could be worth more than the actual condos are.

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I have read somewhere that as a foreigner you cant own any condo up to and including the 4th floor. For a definitive answer maybe it would be best to check with the land registry office.

Can you remember where you read that?

In plain English, I own a ground floor condominium that is in my name (I have the chanote in my name) which by the way was transferred at the land registry office so does that answer the question?

Edited by champken
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I don't think you can unless you are Thai.

I think it is because the condo is situated on the land, which you, legally, cannot own.

If I am wrong, I will stand corrected.

Ummmm What are the 'upstairs' condos built on ? Are they somehow disconnected from the land ?

I suppose they are built on the condo/shop-house below!

I have this ancient recollection of condos being allocated as foreign, based on the floors, and foreigners could not own ground floor condos. I may have falsely developed that idea based on how developers allocate them.

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You need to check if the ground floor is designsted a commercial area with the complex. Often an area can belong to one person/company as a commercial non habitable area, or was purpose built for the benefit of the co owners' financial benefit of exploration of the common area's commercial area. The residential part of the condo may have been declared safe for occupation upon completion, but a commercial area, if so designated, would need to be declared likewise.

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I have this ancient recollection of condos being allocated as foreign, based on the floors, and foreigners could not own ground floor condos. I may have falsely developed that idea based on how developers allocate them.

I think that this is related to general pricing in condo buildings where the higher the floor and the better the view the more you pay. Developers tend to want to sell the more expensive (higher) units at the highest price possible and so they market them to foreigners only. Thai and company ownership gets you a unit on a low floor with a bad view, which are the ones that people buying in farang name generally dont want.

Of course the principle can work the other way in buildings with direct pool access from ground floor units, as mentioned.

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I suspect those ground floor units are designated as commercial units, meant for shops. This is probably mentioned in the original chanoot for the unit. So the question should be: can one use that unit as a dwelling? I don't know but some else may have the answer to that question?

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I suspect those ground floor units are designated as commercial units, meant for shops. This is probably mentioned in the original chanoot for the unit. So the question should be: can one use that unit as a dwelling? I don't know but some else may have the answer to that question?

This wouldn't be covered in the Thailand Condominium Act, but more likely in the Condominium Association Bylaws or the sales agreement that you sign.

I have seen many agreements when looking at condos that state: "Unit is sold for residential purposes only. Business or commercial activities are prohibited" or words to that effect.

If the unit is intended to be commercial space, it may state the opposite: "Unit is sold for business or commercial purposes only. Residential use is prohibited" or words to that effect.

If the condo bylaws and the contract says nothing like this, you can probably do whatever you want because this is Thailand.

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  • 2 weeks later...

Had same case with large gr. fl. restaurant I bought and was informed years back by Landoffice that I can convert abd use commercial to residential, but not the other way round. I wanted to be sure not to run into problems and had it approved by the AGM. Good luck. MS>

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  • 1 year later...
On 15 March 2016 at 6:08 AM, trogers said:

No you cannot live in the space on the ground floor. It was designed and approved as a shop space, and not a residence.

Interesting answer, I have been looking at a condo at The River, which is being marketed at a 180 m2 Duplex Condo, access from ground level but technically listed as a 5 th floor condo. Can walk outside onto a garden area.There is another condo, same space size on the same level being listed as a one bedroom office space, so are they technically work or living space? I wanted to buy the first mentioned but my wife is umming and ahhhing at present.

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7 hours ago, Aussieroaming said:

Interesting answer, I have been looking at a condo at The River, which is being marketed at a 180 m2 Duplex Condo, access from ground level but technically listed as a 5 th floor condo. Can walk outside onto a garden area.There is another condo, same space size on the same level being listed as a one bedroom office space, so are they technically work or living space? I wanted to buy the first mentioned but my wife is umming and ahhhing at present.

Perhaps your wife is umming at the prospect of living so close to sewage water...

 

Search articles on infestations of cockroaches, rats, and snakes coming out of poo holes. Technically, you would have a living space with much work forced upon you.

Edited by trogers
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2 hours ago, trogers said:

Perhaps your wife is umming at the prospect of living so close to sewage water...

 

Search articles on infestations of cockroaches, rats, and snakes coming out of poo holes. Technically, you would have a living space with much work forced upon you.

Hahahaha, that just really put me off. Thanks. 

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