What are the legal requirements if wife wants to build a house?

[papayabob]

Me and my Thai wife both live outside Thailand. My wife has recently been given some unused land from her mum, and she now wants to build a house on it.

 

A few questions:
 

1) What are the legal requirements for her to start building?

2) Will I need to sign anything?

[theguyfromanotherforum]

Why would you need to? It's her land.

[cornishcarlos]

It depends on where the land is and what title is held ie Chanote

 

Out in the sticks, less need to go through official channels.

In a main town, especially tourist town, then permissions may well be needed.

As for you signing, not sure why you would need to !!

[papayabob]

Just thought that since we were married there might be something I needed to do in regards to signing papers, even though it's her land. Glad to hear that is not the case :-)

[cornishcarlos]

8 minutes ago, papayabob said:

Just thought that since we were married there might be something I needed to do in regards to signing papers, even though it's her land. Glad to hear that is not the case :-)

 

I'm not sure whether you would need to sign anything...

I never had when buying land plots but my wife hasn't built a house on any of our plots.

We did build on her Mums plot but again, I never signed anything.

As always in Thailand, things vary from province to province and person to person

[Strange]

Make sure that you get the land chanote in your wife's name. This will confirm that there are no liens on the property and it is free and clear. Will also help keep other peoples hands out of the pot as well. Plus has the added benefit of adding to your wife's assets - witch in turn adds to yours in thailand. The property can be used by your wife as collateral for bank loans and further mortgages. Also for car loans. End of the day get it in your wifes name. 

 

Second, when she does the land transfer into her name you will probably be required to sign a document that says you have nothing to do with the property. Its hers and any money used to acquire it was a gift. 

 

Other than that, nothing needs to be done, just build. No permits, drawings, etc. 

[Paul944]

First you have to know the land title, if it is not chanote then you better do not invest any money in it.

Second the land title has to transferred to your wife. If your marriage is recognized in Thailand you probably have to sign a paper you do not have any claim on it. If it is family land without title deed do not invest any money in it.

 

Inform at the city or local village head with the possibilities are. Maybe there are restrictions what is allowed. It can take a long time but it happens that houses build without the right paperwork have to be demolished.

 

Only start building if you have a plan to stay there for longer time or have some one to live in the house. Leaving a house empty in a tropical climate for a long time is not a good idea.

 

Discuss with your wife why she wants to build a house and to what standard. Jst a cabin with 4 walls and a roof or a villa? 

[ballbreaker]

OP if chanote for land does not have your wife's name as owner then spend no money until ownership is transferred to your wife.

 

Verbally giving someone land without transfer of ownership at land office means nothing.

 

 

 

Edited September 21, 2016 by ballbreaker

[kamalabob2]

Ballbreaker is spot on"

OP if chanote for land does not have your wife's name as owner then spend no money until ownership is transferred to your wife.

 

Verbally giving someone land without transfer of ownership at land office means nothing."

 

I can add from personal experience in Buriram province. It is simple, and NOT expensive, less than a nice steak dinner, to obtain a "Permit to Build".  That document can be in a Thai name or a foreigner name. It has nothing to do with land ownership, yet clean land papers and the signature of the real land owner are necessary to obtain a "permit to build" Just google the phrase  Thailand Permit to Build.   You can also see images of a permit to build. 

If you select to have home owner insurance the permit to build will help greatly in the event of a total loss claim. The permit to build stops any graft or extra fees for PEA electrical connections or water supply connections. It cost 25 stang per square meter plus a single 30 baht document fee for most single story homes in Thailand.  What you actually build may not be reflective of what is on your approved home building plans. It is NOT the land office that issues a "permit to build" in Thailand.  You do not need to wear a helmet when you ride a motorbike in a village nor do you need a drivers license or insurance. You do not need to pay the land tax in a village. You can be any age to drive a motorbike in a village. The same folks who say those phrases are the same folks who do not understand a permit to build. Just because a regulation was not enforced for 11 years does not mean it will not be enforced on an untimely date. 

[chiang mai]

It's not unusual in rural Thailand for land not to have a chanotte, a whole range of land titles exist but only chanotte is fully titled land.

 

Next down the list is Nor Sor 3 Gor which is land awaiting issuance of a chanotte by the Land Office and this category of land can be sold and mortgaged and is generally held to be safe land to buy and sell.

 

Nor Sor 3 is the third category which is land that hasn't been measured/surveyed by the Land Office and is very unsafe to buy.

 

Finally is Possessory Rights land and this should be avoided at all costs, this is land where somebody has paid the tax on the land each year and uses it as there own.

[thailand49]

On 9/12/2016 at 4:26 AM, theguyfromanotherforum said:

Why would you need to? It's her land.

He is most likely thinking the Western way.  The Land is given to her and normally if she was married to a Thai it would most likely sit there until there is enough money to start?  But in this case he is footing the bill for the built thereafter he is thinking  " is there anything he should sign.

 

My suggestion is just build it and try to keep it to reason and to your budget as to what you can loose and write it off as part of being married to a Thai. 

Edited September 29, 2016 by thailand49

[williamgeorgeallen]

first thing is to go see a lawyer with some documentation preferably the chanote. it cost about 10 000thb or less for the lawyer to check the title at a land office. your wife may even try to do it herself but for the small amount of money it is worth using a professional as long as you can find a good one.

dont try to build anything unless you are in thailand. you will need to give day to day supervision. i have done 2 major building renovation building projects in pattaya. despite going to the site before and after work there were many mistakes. almost to the point of being comical. also there is no point building unless you are going to live in it. forget renting a house out in esan. the small rent you would get is nothing  and your nice new house will probably get trashed. we go to my girls house for a week each year and spend the week fixing and cleaning it. she just built it for show. seems i bit pointless but it is a source of great pride for her.

edit, dont put any of your money into building a house unless you are happy to loose it. yes you are entitled to half the house if you split but that is the law, not reality.

Edited September 29, 2016 by williamgeorgeallen

[Americano555]

The requirement is to be a dumba$$ and fork over all your HARD EARNED CASH......To build something you cannot control or even own.

[holy cow cm]

On ‎9‎/‎12‎/‎2016 at 6:58 PM, Strange said:

Make sure that you get the land chanote in your wife's name. This will confirm that there are no liens on the property and it is free and clear. Will also help keep other peoples hands out of the pot as well. Plus has the added benefit of adding to your wife's assets - witch in turn adds to yours in thailand. The property can be used by your wife as collateral for bank loans and further mortgages. Also for car loans. End of the day get it in your wifes name. 

 

Second, when she does the land transfer into her name you will probably be required to sign a document that says you have nothing to do with the property. Its hers and any money used to acquire it was a gift. 

 

Other than that, nothing needs to be done, just build. No permits, drawings, etc. 

 

His added assets in Thailand? HUH?

If he is paying for the house to be built (his dime), not property, then only added benefits are if he goes to have a contract made up to include the house portion covering his investment. If he has a solid proven marriage that has and will last the long term, then no worry. But I find this far and few between of the foreigners who have this in that style of a comfortable mode with the Thai Mrs. I am one of the lucky, hope y'all are too.  

 

Property is another deal that has nothing he can do..  Lease 99yrs to show bigger connection?? His wife will choke on that though, unless she doesn't trust her family.. Never know...

[Strange]

2 minutes ago, holy cow cm said:

On 9/12/2016 at 6:58 PM, Strange said:

Make sure that you get the land chanote in your wife's name. This will confirm that there are no liens on the property and it is free and clear. Will also help keep other peoples hands out of the pot as well. Plus has the added benefit of adding to your wife's assets - witch in turn adds to yours in thailand. The property can be used by your wife as collateral for bank loans and further mortgages. Also for car loans. End of the day get it in your wifes name. 

 

Second, when she does the land transfer into her name you will probably be required to sign a document that says you have nothing to do with the property. Its hers and any money used to acquire it was a gift. 

 

Other than that, nothing needs to be done, just build. No permits, drawings, etc. 

 

His added assets in Thailand? HUH?

If he is paying for the house to be built (his dime), not property, then only added benefits are if he goes to have a contract made up to include the house portion covering his investment. If he has a solid proven marriage that has and will last the long term, then no worry. But I find this far and few between of the foreigners who have this in that style of a comfortable mode with the Thai Mrs. I am one of the lucky, hope y'all are too.  

 

Property is another deal that has nothing he can do..  Lease 99yrs to show bigger connection?? His wife will choke on that though, unless she doesn't trust her family.. Never know...

 

Calm down and read what I wrote. I don't speak on to the men that have untrustworthy marriages. Assuming that the marriage is strong and trustworthy, assets in the name of the wife are just as good as in the mans name. 

 

My very first sentence says to get the chanote in the wifes name. Transfer the deed to the wife from the mother in law or whatever relative. Then build. This secures the property from the hands of the in-laws selling the land (House included) or taking out a loan (On the value of the house and land) right out from under you. 

 

Once the land (Property) is in the wifes name, and you build, the value and equity stays with the wife (And the husband by default) and can be used as collateral for another mortgage, car loans, personal loans at decent interest rates from the bank. All in the wife name. 

 

Once the property is in the wife name, forget the relatives in thailand, unless you do not trust your wife, then just rent. 

[holy cow cm]

5 minutes ago, Strange said:

 

Calm down and read what I wrote. I don't speak on to the men that have untrustworthy marriages. Assuming that the marriage is strong and trustworthy, assets in the name of the wife are just as good as in the mans name. 

 

My very first sentence says to get the chanote in the wifes name. Transfer the deed to the wife from the mother in law or whatever relative. Then build. This secures the property from the hands of the in-laws selling the land (House included) or taking out a loan (On the value of the house and land) right out from under you. 

 

Once the land (Property) is in the wifes name, and you build, the value and equity stays with the wife (And the husband by default) and can be used as collateral for another mortgage, car loans, personal loans at decent interest rates from the bank. All in the wife name. 

 

Once the property is in the wife name, forget the relatives in thailand, unless you do not trust your wife, then just rent. 

 

Yes I agree, that is, if all is onboard and happy proven with the wife, the other factors for her establishing a bigger credit value, which makes her happy (bonus), but also opens up financial doors. I understand all this as am familiar.

 

No, I wasn't in a huffy, ... Just was saying!

[Strange]

3 minutes ago, holy cow cm said:

 

Yes I agree, that is, if all is onboard and happy proven with the wife, the other factors for her establishing a bigger credit value, which makes her happy (bonus), but also opens up financial doors. I understand all this as am familiar.

 

No, I wasn't in a huffy, ... Just was saying!

 

Its not about making the wife happy nor increasing her credit value, its a financial idea that benefits both husband AND wife. 

[blackcab]

33 minutes ago, holy cow cm said:

Lease 99yrs to show bigger connection?? His wife will choke on that though, unless she doesn't trust her family.. Never know...

 

The maximum length of a lease in Thailand is 30 years.

 

You can get a usufruct for life.

[Khon Kaen Dave]

Usually the first and foremost requirement,is for the female to find a stupid ferang,willing to pay for it.

Some times,and sadly to say,marriages dont last,and when it comes to splitting any proceeds,it is not unknown for the lady concerned to arrive at the amphur with a few brothers to ensure that she gets everything.

Have seen this happen.

[little mary sunshine]

Yes, you have to sign....The Check....everything is

hers and Mom's.....you will have nothing!!

[paul18620]

all you need to sign is for her to access your bank account and everything will be okay 

 

Until you realise she has taken all your money and told you to leave 

[MikeyIdea]

18 minutes ago, little mary sunshine said:

Yes, you have to sign....The Check....everything is

hers and Mom's.....you will have nothing!!

 

Nope... If you are legally married in Thailand and divorce in a Thai family court, then court supports that you get your right also if you are a foreigner

 

Thai family court follow Thai Family law and there is nothing there about that marriage assets should be split differently if you are a farang.

 

The "no claim because farang" form that is signed at the land department is either disregarded totally or is only used to put pressure on an un-favoured party but they don't follow through on that if you stand your ground  

[F4UCorsair]

There is a requirement, not legal, but common sense, that you see a psychiatrist before putting money into the project!!

[MW72]

If you get the Chanote in order as other have suggested, your next step is to see a decent architect. He will submit drawings to the local authority who will give the green light or not to the design. There are building regulations in Thailand so don't listen to those who suggest you can build what you want. If you do you may be ok or you may spend a lot of money only for some jobs worth to demand you pull the whole thing down. A good architect will build the house and provide a contract which you should have translated. If you are just building a wooden shack like the locals then crack on.

[Strange]

1 minute ago, MW72 said:

If you get the Chanote in order as other have suggested, your next step is to see a decent architect. He will submit drawings to the local authority who will give the green light or not to the design. There are building regulations in Thailand so don't listen to those who suggest you can build what you want. If you do you may be ok or you may spend a lot of money only for some jobs worth to demand you pull the whole thing down. A good architect will build the house and provide a contract which you should have translated. If you are just building a wooden shack like the locals then crack on.

 

If you are inside the Tessabaan, yes likely you need some drawings but hardly not "architect" type. There are plans all over the internet that are more than enough and there are standard Thai Gov approved house plans as well that can be easily modified. 

 

Outside the Tessaban in most cases you do not need any plans submitted to the local authority. 

 

It is not nearly as hard to build a house in Thailand than you are making it out to be and the rules and regulations (of lack thereof) are stone age. 

[MW72]

22 minutes ago, Strange said:

 

If you are inside the Tessabaan, yes likely you need some drawings but hardly not "architect" type. There are plans all over the internet that are more than enough and there are standard Thai Gov approved house plans as well that can be easily modified. 

 

Outside the Tessaban in most cases you do not need any plans submitted to the local authority. 

 

It is not nearly as hard to build a house in Thailand than you are making it out to be and the rules and regulations (of lack thereof) are stone age. 

You are correct. There are standard templates available. I didn't mean to make it sound hard as it isn't. It is really straight forward. You take a copy of the Chanote to the architect, discuss what you are looking for, he will knock up the plans and submit for approval. Very easy and peace of mind. There are regulations concerning boundaries, windows facing adjacent properties etc. Whilst in most cases no one gives a damn, I would rather pay the little extra for the architect and make sure everything is above board. The added benefit of using the architect is that he organises all of the contractors. One less thing to worry about.

[MikeyIdea]

13 hours ago, Strange said:

 

If you are inside the Tessabaan, yes likely you need some drawings but hardly not "architect" type. There are plans all over the internet that are more than enough and there are standard Thai Gov approved house plans as well that can be easily modified. 

 

Outside the Tessaban in most cases you do not need any plans submitted to the local authority. 

 

It is not nearly as hard to build a house in Thailand than you are making it out to be and the rules and regulations (of lack thereof) are stone age. 

 

It is easier in Thailand than in many other western countries yes, but if you don't have to follow the rules or do very much depends on where in Thailand you live.

 

2 of my neighbours had to tear down their front gates and rebuild only a few months ago. The not so happy owner of a house he just had completed on the other soi couldn't get final clearance and it stood empty for a couple of years. It was finally sold cheap and the happy new owner came with a new tabien baan a few weeks later. Total cost = house + corruption money to get final clearance of course

 

This happened in Bangkok

 

Edited September 30, 2016 by MikeyIdea