Cha-Am Thailand
Can Foreigners Own Property in Thailand?
NEW !
With a Non-Thai in a Thai company this is restricted to buying only
up-to one Rai (1,600 sqm) of land
Foreigners are restricted at the moment from owning land in Thailand in their own name, here are two effective ways in which you are able to register ownership of land while still complying legally within the Thai law.
The following is the simplify form how to buy/lease land and property:
30 Year Lease Option
A form of buying land for foreigners is through a 30 year Leasehold Agreement listed on Land Department.
These are commonly written up as 30 year leases with an amendment written into the contract, not listed on Land Department. for two further 30 year renewals for a lease term of a total of 90 years.
The lease contract can also include clauses that will bind the owner of the land to automatically allow freehold ownership if Thai law changes to allow foreign ownership. Also the right to sell, sublet, or transfer the lease agreement. This will enable you through a leasehold contract purchase to have full control over the land but not the ownership for the lease term.
Below you will find the law text.
Thai Limited Company
Which is the most used way to day when you have the full power of the property.
You can setup a Thai Limited Company with 3-7 shareholders, 2-3 Thai, 1-2 foreigner.
In principiel the foreigner can have 49 % of the shares, and articles in the company can be so that the foreigner is manager and the only who can represent the company, and in this way the only who can sell and buy. In this way the other shareholders have no influence. Now the company can buy the land or property.
Later you can sell the company or property and get your money free.
So is the law but the lawyer take care of setup up the Thai Limited Company and all about it, all you have to do is to make your signature it takes about one hour and 3 weeks later you have the company. Now you can buy what you want and the lawyer will take care of that the deed is correct and help anywhere.
All these things w e take care off, you can just follow us. We are here and help you with all which are nessecery, before you buy and after you have bought we are still here and can show you where to buy things to your new house, open bank account, register with water, electricity, internet etc.
The lawyer,Mr. Polpinit Chinasit (TON) https://www.notary-th.com is Thai, grown up in Switzerland, until he was 25 and speak thai, english and german. He can also help with other practical things you may have here in Thailand.
He is an invaluable help, all is made correct after the law and you can enjoy your stay here and sleep securely in the night.
Now we can go to the Land Department with the seller and change the name of the deed, and when this is done you pay the seller and get the deed.
Transfer fees is a kind of tax which is paid to the Land Department for making the change on the deed, and it cost about 6.5 %, but it depend on more things like age, size of the building and the land size and value.
It cost, at the moment, THB 29.500.- to setup a Thai Limited Company.
for a "one million company"
a "two million company" THB 38.000.-
and + 15.000.- for each million. The size of the company depent of the value of the property. The lawyer will advice which type you need.
Land Department meeting THB 58.000.-
The lawyer takes care of the change of name / registration of the deed of Land office, and when your name / company name has been changed to yours the remaining payment of the purchase price will be paid.
Every year the lawyer make a statement an send it to the government and take care of the company at all and it cost at the moment per year THB 13.500.-
In Thailand the land tax is very low of the Land and property.
So all you have to pay every year is about THB 13.500.- + tax and maintenance.+ what you use of water and electricity after meter.
If the property is located within a particular area may be some common costs of maintenance, swimming pool and security guards and so on.
Ownership of Land in Thailand
Ownership of land in Thailand is governed
by the land Code BE 2497 (1954), the Civil and Commercial Code, Land
Reform for Agriculture Act BE 2518 (1975) and the regulations set
forth by the Ministry of the Interior. Although Thai law stipulates
that a foreigner may not own land in Thailand in his name, he has
the right of ownership of buildings only. If a foreigner wishes to
purchase land in Thailand to build a property, he has 2 options: 1.
The land is purchased on a 30-year leasehold with an option to
extend the lease for further 30 year periods. Possession of the land
is assured by virtue of the fact that property occupies the land.
The lesser cannot seize the property upon expiration of the lease,
as the property is separate from the land. In order to be
enforceable, any lease for a period longer than three years must be
registered at the Land Department, which involves payment of a
registration fee and stamp duty based on a percentage of the rental
fee for the whole lease term. The original registered lease remains
in force and effect even if the property is sold. Both parties can
contractually agree to renewals, but this right can't be registered
at the Land Department. 2. If a foreigner is going to operate a
business in Thailand then he may purchase the freehold of the land
through his Thai Limited Company. The land will be owned by the Thai
Company, not by the individual.
Limited Liability Company
This form of purchasing property is the most popular with
foreign investors as the Articles of Association can be varied to
allow greater protection for foreign minority shareholders where
majority Thai ownership is required under the Alien Business Law.
Thai law requires that 51% of the shares be held by Thai juristic
persons, however, any company with more than 40% foreign interest
that purchases land will be investigated by the Central Land Office
in Bangkok (under section 74 of the Land Code) to ensure that the
company has not been organized in an attempt to circumvent the
prohibition against foreign ownership of land. This results in the
foreign ownership of the company being limited at 39% (only if
buying land), but with the recommended changes of the Articles of
Association, the foreigner can be the only director of the company,
and the only person of the company who can commit or bind the
company in any contractual dealings (buy or sell land and house),
effectively giving the minority shareholders control over the
company.
LAND TITLES
There are many different types of land titles in Thailand, the
majority of which do not allow the legal right to build a house on
that land. Our lawyer recommend the following title: CHANOT, or the
Land Title Deed, a certificate for ownership of land. A person
having their name shown on the deed has the right to the land and
can use it as evidence to confirm the right to Government
authorities. This land has been accurately measured using GPS to set
the area and boundaries of the land. The boundaries of the land are
indicated by numbered posts. Any legal acts may be done immediately,
as per the right of ownership. Land partition of more than 9 plots
must be carried out according to the Land Allotment Law, Section
286. THERE ARE TWO TYPES OF RIGHTS TO PRIVATE LAND The first is the
right of possession, i.e. people who possess and use the benefit of
land will have the right to possess such land under the Civil and
Commercial Code. The second is ownership by a person who has a title
deed and documents concerning the land.
Sor. Kor 1
is a notification form of possessed land. There is a certificate
to show the right to the land. This maintains existing rights.
Notification of Sor. Kor 1; on December 1954, the government advised
all land proprietors to notify such possession to the government as
per form Sor. Kor 1. After it was proven that such a proprietor had
possessed the land legally and used the benefit of the land, then
the government would issue Nor. Sor. 3 or Nor. Sor. 3 Gor as
evidence. Nor. Sor. 3 and Nor. Sor. 3 Gor are legal certificates
provided that any name shown on the title is a person who has the
right to the land (according to the principle law). This right will
be recognized by the law and can be used as evidence in any dispute
with an ordinary person or the government.
Por. Bor. Tor 6
Is evidence by the issuance of a tax number for the purpose of
paying tax for using the benefit of the land. Such land has not yet
been assessed as to the person's right to possess such land. In the
event that there is not title for the land, then it may be land in a
conserved forest, public land or land which existed under Sor. Kor
1, Nor. Sor 3, Nor. Sor. 3 Gor or a title deed. Any of these titles
must have a Por. Bor. Tor 6 as tax must be paid, the same as any
land without a title. Purchase of such land is possible by handing
over the possession of the land to the buyer along with the tax
number. The right to the land under Por. Bor. Tor 6 can not be used
as evidence in any dispute with authorities.
Sor. Por. Gor 4-01
This is an allotment of land from the land reformative committee,
and under no circumstances may this land be bought or sold. It may
be transferred to heirs only.
Nor. Sor. 3
This is an instrument certifying the use of land issued by the
government to the proprietor of land not a possession title, i.e. it
is confirmed by law that a person holding Nor. Sor. 3 has the legal
right to possess the land. This land title can be used as a legal
document or to use the benefit of the land as an owner. Nor. Sor. 3
is a floating map with no parcel points. It is issued for a specific
plot of land and it is not connected to other land plots. This
causes problems in verifying the land area. Any legal acts must be
publicized for 30 days.
Nor.
Sor. 3 Gor
This is a legal land
title with the same legal basis as Nor. Sor. 3. The difference being
that Nor. Sor. 3 Gor has parcel points on the map, and is set by
using an aerial survey to set the points and the land area. It is
possible to verify a nearby land area. It always uses the same scale
of 1:5000. There is no need to publicize any legal acts, and it is
possible to partition (divide) the land into smaller plots.
Ownership of a condominium in
Thailand
Buying a condominium in
Thailand is perhaps the simplest and easiest option available to
foreigners. The only restrictions on purchasing a condominium in
Thailand are that the percentage of units sold to foreigners cannot
exceed 49% of the total number of units in the condominium block,
and that the funds used to buy the condominium have been remitted
from abroad and correctly recorded as such by a Thai Bank on a
"Foreign Exchange Transaction Form". The Foreign Exchange
Transaction Form is an official bank document issued by the
receiving bank upon the receipt of foreign currency into your bank
account in Thailand. You must request a Foreign Exchange Transaction
Form from your bank when you are remitting funds to Thailand for the
purpose of purchasing a condominium in Thailand, and the Foreign
Exchange Transaction Form must specify that the remittance is solely
for the purpose of purchasing a property in Thailand - Code 5.22.
Purchases of Condominiums in Thailand by foreign individuals come
under the jurisdiction of the Condominium Act B.E. 2535 (1992). The
owner of each Condominium in Thailand is issued with a certificate
of unit ownership. The certificate also has a statement saying
exactly what percentage of rights over the common areas of the
building each owner has.
