Building Permit for a private house

[fredlk]

Congratulations!

He give me some paper and say need to go to distric house in 3 weeks..but I don't understand why and what kind of paper it is ! i was asking some paper to get electrcity and water...

I think that is to go and get your house number (address) which you will need before they give you electricity.

[MGV12]

Well done for standing firm about the money sunpax ... congratulations on getting your permit.

[Heike]

congratulation

Do you have now your housenumber and your electric ?

[Sunpax]

¨Thanck you both...no number for now...but electric pay already...around 6000 bahts deposit and 700 baths for ?

then they give it back to me 6000 B but need to pay around 5000 for electric pilar !

[Shastadad]

Since sunpax was successful in his quest to get the house in his name I am bumping this thread since I am running into a similar problem

Through a limited company I purchased my plot from a developer. Satahip land office required the company director (Thai) to show his bank book in order to allow the company to purchase the plot after the appropriate transfer taxes had been paid. Once the lot was in the companies name, the lawyer who was the director resigned and I took over directorship of the company and control of the company

The building permit was obtained in the name of the company (owner of the land) as has been reported by others in this thread (dozer, jazzman) but I am now running into the problem that the utilities (water and electric to start, phone and Internet to follow) must be in the same name as the building permit

My main concern is that since Immigration, and the Land Transport Department, make use of utility receipts to prove residency I can foresee lots of problems in the future.

For instance, for many months Pattaya / Jomtien Immigration required a utility receipt when submitting the TM 47 ( 90 Day report), they have since relaxed the requirement but could re-introduce it at any time. At present I am not worried about my O-A Non Resident Visa (long stay) since I can obtain it in my home country every two years. But I could see that becoming a future problem

In order to register a car or renew a 5 year drivers license the Land Transport Department requires a Residence Certificate issued by Immigration. Immigration requires you to either submit a lease or utility bills to prove the location of your "residence" in order to obtain this Residence Certificate

I have heard over and over again the farangs cannot own land but can own a house, yet I cannot find any evidence of this, and the lawyer as referenced in para 2 above tells me that I must live with the company owning the house and my owning the company

My initial thoughts on this conundrum is to have my company issue a 30 year lease to me as an individual, and use that lease to obtain the utilities in my name

Your thoughts !

[geordie]

Definately 100% outside my expertise here but that seems a simple solution and from what i have read on here the house then become,s your,s end of story and the leaseholer has no say or control over the house itself only the land after thirty years the house you can remove??????
(how) or destroy its your choice
My question may not be one for airing or answering in public but i was led to beleive a farrang could not be the majority share holder and also the company route was expected to be a trading company with thai ownership exceeding 50% with taxes profit and loss statements and board meetings required to substantiate
The alternative a Thirty year lease was to be signed at the land office before the land was paid for (outside the office)and then legitamately a renewable lease contract was written and held
with the girlfreind wife recieving the land on transfer and then fully on you demise

[pattayapope]

My house and land are in a company name and when the building was completed part of the deal to pay the exorbitant "extras" the builder had to change the meter over to a normal utility meter. This was a bit of a run around mostly beacause the builder did not know what paperwork was required, in the end I got a company statement something about the company is fully paid up with tax department. I paid the laywer 1000 baht to get the letter and after that it was no problem, the electric bill is in the company name however.

Foreigners can have a house book from what I have been told, it is apparently a yellow book with this I would think you can get a telephone line and hence a utility bill, in my old house the phone line is still registered to the original owner (who is died - not in the house!) and when I tried to get CAT internet the girl at the CAT center said it would be no problem to sign the number to me all I had to do was prove I have been paying the bill for the last six months.

The UBC and AIS mobile bills are in my name though, best is to got to CAT or TOT and see what you need or ask a lawyer, over the phone otherwise he may want a fee[*]

[Shastadad]

How long is the permit valid?

Can you make odd changes through the building process without having to report them?

The issued building permit package has an expiration date which is normally about a year. The regulations vary from one jurisdiction to another.

You have quite a broad latitude regarding changes. The thing they are looking at is the footprint of the project in general. If say for example your plan showed 2 meters clearance on all sides and you built right up next to the neighbors wall (which is technically a violation of the building laws), the inspector would require some convincing, but it could be negotiated. If on the other hand you had a permit for a single story house and built a two story this would then probably be a situation where you would have to pull another permit.

A bump rather than starting an new topic

Based upon the above, exactly what happens if you exceed the allotted time frame of one year to complete the house ?

Along with all my other problems with completing my build I have determined that the building permit issued for my house project will expire in three days ( Dec 29th) and am at a loss of what to do about it. Obviously I don't want to just sit here and find out I will have lot's of trouble if I let it expire but on the other hand I don't want to call attention to the fact that I am basically dead in the water as far as completion is concerned

Does anyone have any constructive advice to give ?

[fredlk]

what happens if you exceed the allotted time frame of one year to complete the house ?

You go to the Land Office and extend the permit for another year. The reason for it being still valid is that you are only taxed for the land - 32 Baht in my case - whereas once the house is completed you pay a different rate and a different tax. Building here has no allotted time frame or restrictions as far as I know.

[MGV12]

what happens if you exceed the allotted time frame of one year to complete the house ?

You go to the Land Office and extend the permit for another year. The reason for it being still valid is that you are only taxed for the land - 32 Baht in my case - whereas once the house is completed you pay a different rate and a different tax. Building here has no allotted time frame or restrictions as far as I know.

Depends on your area maybe .. in CM it's the Tessaban and there's never been any mention of a tax being due on a completed house.

In any case agree that there should be no problem extending.

[fredlk]

Depends on your area maybe .. in CM it's the Tessaban and there's never been any mention of a tax being due on a completed house.

In our case the various government departments are all located in the building which people here call the Land Office (the large building with blue roof at Che intersection).

[Roger Ramjet]

Shastadad,
It must be different for various areas because our permit is due for renewal in January which is done by the Or Bor Tor. It also means they don't come and take the temporary water and electricity meters away.

[Shastadad]

So the consensus is that there is no down side to getting it renewed

As far as the "tax" is concerned there is no annual tax on houses in Thailand, just the annual Land tax and the tax (Stamp Duty) when you purchase or transfer land. There is a bill to tax houses that has been proposed by several administrations but has never been implemented due to the resistance of certain powerful property owners

Property Tax

Land Tax
This is an annual tax levied on land ownership. The amount is often so small that in practice the body charged to collect it rarely bothers to do so. When they do collect it, it is usually after several years when the amount has accumulated.

Structures Usage Tax
This only applies to commercially used properties. The rate is 12.5% on the actual or assessed gross rental value of the property. However, this notional value is well below the commercial market rental value.

If the property is purchased through a company, you need to remember that corporate tax is higher than personal tax, and the cost of setting up the company must be considered as part of the initial investment.

Tax on Rental Income
This tax is charged at between 10 and 30% of the rental income, depending on the type of property leased.

Source: http://www.propertyshowrooms.com/thaila ... ty-tax.asp

[Shastadad]

Renewed the Building Permit yesterday at the Amphur for Na Jomtien

Only difficulty was that the renewal process requires the signature on a form of the Structural Engineer who originally signed off on the house plans (Blueprints)

Fortunately one of the ladies that works in the office personally knew the engineer and was was able to provide his phone number so that he could be called and met us in Pattaya to sign the form. Returned the next day (with Thai sweets ) and the new building permit is in process and can be picked up after the holidays

Now if I can just find a contractor to finish the project