Building Permit for a private house

[idcpeter]

I went to the OrBorTor and want to applying a building permit for my private house on an 2 1/2 Rai plot. The officer told me that I can't apply for it, because I'm foreigner and a Thai person have to apply for it. I have a right of superficiesuperficies on this land for 30 year and this is registered at the chanote from the land office. The superficies say: I have the "right to own, upon or under the land, buildings, structures and plantations".

Is this correct that a foreigner can't apply? If it's so, how can I proof the ownership of the house, if I want to sell it later on?

Who will be at the Tambien Ban registered?

Hope to get answer soon.

Thanks,

Peter

[jazzman]

The OrBorTor may well be in his rights to refuse you. It depends entirely on the true wording of your superficies contract, which may or may not have covered enough eventualities.
Not wishing to give Thai officials a bad name, but it could be a cloaked request for tea money.
To be absolutely sure, it would be best to obtain professional legal advice, such as taking it up with the lawyer who drew up the contract for you.
or here:
/edit 27 Jan 08, dozer/
But do remember that professional advice, which is often the only reliable source , sometimes costs money.

[rosegate]

I went to the OrBorTor and want to applying a building permit for my private house on an 2 1/2 Rai plot. The officer told me that I can't apply for it, because I'm foreigner and a Thai person have to apply for it. I have a right of superficiesuperficies on this land for 30 year and this is registered at the chanote from the land office. The superficies say: I have the "right to own, upon or under the land, buildings, structures and plantations".

Is this correct that a foreigner can't apply? If it's so, how can I proof the ownership of the house, if I want to sell it later on?

Who will be at the Tambien Ban registered?

Hope to get answer soon.

Thanks,

Peter

The simple way is probably to get yout Thai parner /lawyer or builder to apply for your building permit, if your a farang best let a Thai person deal with that side of things on your behalf, although a little tea money may be needed for a quick response?

[idcpeter]

Thanks for both advices! I know I can get it done and in the name from a Thai person, but this is what I don't want! My superficies is clear on this, but the OrBorTor say the building permit application have to be from a Thai person! If the OrBorTor not issue the building permit in my name, how can I proof the ownership of the house?

[jazzman]

Owning Property in Thailand:

“Ownership of land 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. Under Thai law, any person can register any type of building in his or her own name, therefore a foreigner can own a structure (for example a house) erected on the land and register such ownership (with proof) at the Amphur (Local District) land Office. Certainty of possession of land and house is assured by being the owner of the house. If arranged in this manner, then the housed will be separate from the land, and will not be a component part under Civil Law. Ownership of land by foreigners, on the other hand, is a totally different story, and is highly restricted in the Kingdom of Thailand. Having said that, it isn’t impossible for a foreigner to own freehold land, provided they abide by strict rules and fall within certain conditions.” E&O.E.

By refusing, it would appear the OrBorDor is acting outside his authority. This is the way which tea money often gets indirectly asked for.
Either ask how much the 'special' permission costs, or get legal advice if the situation persists.

[dozer]

I might also add that there are two different concepts; what the law says AND the way things are normally done. If you are trying to do something which is not seen on a normal basis it normally does help to have a 'neutral' person (ie. lawyer) go explain the particular section you are trying to follow, present your docs and handle any requests for tea money if they arise.

[grant]

Much depends on the OrBortor you are dealing with. Some are less corrupt than others. I'm currently dealing with one who has a notorious reputation of interpreting the Thailand Building Code to his advantage to justify a large payment. The problem with much of the code is that it can be interpreted different ways. You really need a Thai (preferably a lawyer) who you can trust and knows the building code to negotiate on your behalf. I stress someone you can trust. I would suggest finding someone you can trust to negotiate on your behalf and be there with him during the negotiation. Whatever you do, do not cross the OrBorTor. Corrupt or not, the system is what it is and he can make your life miserable.

[tung]

Can the building permit be in joint names i.e farang+wife or farang+g/f etc?

If it goes only in the farang name can the g/f get the blue tabian book?

[dozer]

It is my understanding that the building permit must issued in the name of the registered owner as on the title deed (chanote), at least it is that way in Pattaya. If a company is going to do the build, they will get the documents and get the building permit issued, but in the name of the registered owner of the plot.

[tung]

Does this mean if our company owns the land gf/me, Then I cannot put the house that sits on the land in my name or joint names if the company grants me rights

[dozer]

put the house that sits on the land in my name

The building permit and the 'house in someones name' are two different things. First, the land is in the name of the company. The building permit will be issued in the name of the company. The tabien baan (or family book) on the first page will be in the name of the company. Inside the family book both you (yes even as a foreigner) and you gf can be listed as residents.

[tung]

put the house that sits on the land in my name

The building permit and the 'house in someones name' are two different things. First, the land is in the name of the company. The building permit will be issued in the name of the company. The tabien baan (or family book) on the first page will be in the name of the company. Inside the family book both you (yes even as a foreigner) and you gf can be listed as residents.

The building permit issued in the name of the company. Is this 100% certain Dozer. I'm sure someone told me that the chanote can be signed on the back allowing x or y building permission to build. However it sounds logical that the owner of the land needs the permit not the lease holder or usufruct or ......

[Nawty]

In our case it has been the land owner in person.

If a company owns the land, then I would presume that all the directors/partners of the company would need to sign.

What do they then do in the case of many multiple partners ?

[dozer]

If a company owns the land, then I would presume that all the directors/partners of the company would need to sign.

There are signatory rules (as to who can sign for what) in the articles of the company. Normally things can be signed by only one person, but this can vary from company to company.

Is this 100% certain Dozer.

No.

I'm sure someone told me that the chanote can be signed on the back allowing x or y building permission to build.

There may be some way to do it. Under normal circumstances the builder of a house (the construction company) walks the paperwork through city hall - but it is issued in the name of the owner.

[Nawty]

Yes sorry forgot to add that bit, any or all signatories would presumably be required to sign. If 1 person was delegated this chore, then so be it, but if 2 or 3 were equal signatories, then I would presume, but not sure, after all TIT, then all would have to sign.