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When building a house ?????


happyme

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I certainly wouldnt put "eventually leaving your house to some landowner you dont know"  above "eventually leaving it to someone you once loved"

 

But at least you can have the enjoyment of tearing it down and selling it off in bits just to spite the landowner; whereas if you were married

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House registration yes, as the house (dwelling) can be owned by a foreigner. However, there is a specific procedure one must follow to legally separate the ownership of the dwelling from the ownership of the land.

 

Ownership of the land? No!

 

But a foreigner can get possessory right of the land through;

 

1) Land lease (actually land hire);

2) Usufruct;

3) Superficies; or

4) Habitation

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When you say house registration, do you mean the building permit or the tabien baan?

 

Building permit = yes.

 

Tabien baan = it depends. You can have a blue tabien baan issued for the newly built house, but you can not be entered into it unless you are a Permanent Resident.

 

You can also have a yellow tabien baan issued, and you can definitely be entered into that.

 

In some districts the yellow tabien Baan is easy to get. In others it's quite difficult.

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OP asks:

»I was told if you lease land and build your own house that expat can have house registration in there name any info please.«

 

Yes, an alien (expat / farang / foreigner) can own a house, and that can be on leased land or whatever, but he cannot own the land.

 

However, it's not that simple, because he cannot register ownership af new-build house; and he will furthermore need a permission from the landowner to be allowed to build a house; i.e. obtaining Building Permission from Tessaban.

 

Normally the architect will arrange application for Building Permission, including the document needed to be authorized by the land owner (lessor). It may be advisable to have a superficies agreement, but check that with your lawyer. The important things at this level are:

All architect drawings shall carry the aliens name only as building owner

Any contract with architect shall carry the aliens name

Application for Building Permission from Tessaban shall be in alien building owners name only

 

When obtaining the Building Permission, you will also receive a set of drawings back, stamped by the Tessaban – keep it safe, that's your proof of ownership.

 

When building the house, the alien building owners name shall be on all agreements or contracts with building constructor; the alien shall make sure all payments are transferred from his account to the building constructor (or whoever makes a job on the new house); all bills shall carry the alien building owners name, and any cash payment shall be issued a receipt with alien building owners name.

 

The only proof of owing a new-build house is keeping all the above papers. The house will be issued a House Number and Blue House Book, when it's 80 percent finished, and that shall be within a year after issuing the Building Permission; but check rules with your local Tessaban. The Blue House Book is needed for electric supply etc. – but the House Book do not state any owner, and a house belonging to an alien shall have no name(s) in the Blue House Book. If you have a Thai family/girlfriend/wife living in the house, their names shall appear in the Blue House Book. The alien, however, can apply for a Yellow House Book (for aliens only), where his name can be putted into, and he can also be stated as something like "Master of House", which not state ownership, but is the person to allow others to be included in the House Book, also the Blue House book for Thai citizens. In some areas it's very easy to obtain a Yellow House Book, in others – like where I live – it's a quite complicated process.

 

When the house is sold – i.e. if you buy a "second hand house" – the owner can (to my knowledge) be registered at the Land Department.

Please check with your lawyer, if anything has changed since I got my information, which are a few years back, from when I build my house.

 

Wish you good luck...

:smile:

 

 

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Are there any non married farangs that built a house on land that can be made too expensive to lease in the future on this forum?

IMO the OP is asking the wrong question- he should be asking if it is a good idea to do so and what can go wrong.

In my experience it is always possible to spend a lot of money and end up with nothing, in LOS.

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2 hours ago, thaibeachlovers said:

Are there any non married farangs that built a house on land that can be made too expensive to lease in the future on this forum?

IMO the OP is asking the wrong question- he should be asking if it is a good idea to do so and what can go wrong.

In my experience it is always possible to spend a lot of money and end up with nothing, in LOS.

I think those of (us) farangs building a house, has a long term lease with fixed fees – would be (too) risky to invest in any kind of short term, as the only two things one can be sure of is, that either price goes up when renewing lease, or you cannot renew the lease at all – land with house may have been sold – not to mention you cannot (easily) move "your" house, if it's not one of the old-style almost "foldable" wooden houses; there is a reason for that.

 

OP just asked about possible ownership for a house on leased land, not about pitfalls, which there seem to be lots of...:whistling:

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