Legal services in Phuket. Viel Company. Choosing a lawyer in Pattaya Need a Russian-speaking lawyer in Thailand

11.12.2019

Lawyer - Buying Property in Phuket: Important

In a country like Thailand The work experience and professionalism of the employees of a law firm are quite important. All because all the laws in Thailand very specific and can have different interpretations. In the article presented to your attention, we give some recommendations regarding the selection of a lawyer and a law firm that needs to be done, buying property in Thailand.

Lawyer - : information

Almost everyone who contacts us with questions purchase and lease of real estate note that most of the materials published on the Internet are contradictory. Even in articles written by lawyers, one can find different answers to the same question. Some consultants believe that the most reliable option is to open a Thai company. Others are completely and completely convinced that it is necessary to stay on the lease for the long term. There are those consultants who offer their clients such dubious options as a fictitious marriage with a citizen or citizen of Thailand. So it's pretty easy to get confused here.

Lawyer - Buying Property in Phuket: Goals

First you need to determine the purpose of contacting a lawyer. One of the most important tasks lawyer - to find and offer the client the most reliable and effective option for his particular case. The method that your friends have successfully used may well be impossible in your particular situation.
When purchasing real estate, you will be faced with a lot of pretty serious questions regarding transfers, sales and probate. You will also face the issue of extending the contract for a new period with the definition of the terms of the extension. All these nuances should be spelled out in the documents.

Lawyer - buying property in Phuket: consultations

The vast majority of experts agree that something should be signed only after consulting a lawyer.

For a more objective assessment of the situation, you can also seek advice from some uninterested specialist.

It is important to remember that the legislation of a country such as Thailand does not ensure the purity of documents that confirm ownership of the owner, in other words, the verification of documents is entrusted to the buyer of real estate. All documents included in the list of documents required for registration of ownership must be reviewed and verified in the province to which the acquired property belongs.

Lawyer - Buying Property in Phuket: Payment

If we talk about fees, then there is a fairly common belief that legal services are expensive, but this is not true. In most cases, you can negotiate with a lawyer on a fixed fee for his services, rather than hourly. Law firms that have proven themselves in this market most often provide their clients with the first absolutely free consultations. During the consultation, the person who applied to the law firm receives the most up-to-date information, thanks to which you can avoid many unpleasant moments in the future.

If you have any questions regarding the purchase or rental of property in Thailand, write to us or call us!

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Urgently! Need a lawyer on Koh Samui today.

Request to anyone who can help find a good lawyer on Koh Samui, contact Alexey: 0840 30 7982
We got into an accident, the Thais are bred for half a million rubles.
Tomorrow at 10 a.m. there is a meeting with the signing of documents, we want our lawyer to be there already.

Unfortunately, we are unable to contact Andrey (samuideys), if someone can send him a request to contact us, we will be very grateful.

Re: Urgent! Need a lawyer on Koh Samui today.

Thanks everyone for the help and advice!
yes, in the end they paid 100 thousand and the victim signed a paper that he no longer claims anything.

our completely sober friend was turning around in a car on the ring road, visibility before turning 100 m, at the time of the turn he collided with a Thai on a moped. it is as he describes himself, he was alone. The accident was seen by 2 Russian women, they said that the mopedist raced around the corner at breakneck speed. according to the law - who unfolds - he is not right. a man immediately came to the hospital, who introduced himself as the father of the victim and said that he was a lawyer, the best on Koh Samui. transferred his son to the best hospital on the island and began stories that the guy would not be able to work for six months, and he allegedly earns 50 thousand a month. 5 days we played for time, asked to bring income certificates, then when we received all the information about what the insurance would cover, and realized how much this guy could earn, as well as how much the court would cost us, we began to look for a lawyer (thanks to Andrey AID), in As a result, it really didn’t reach the court, they agreed on 100 thousand rubles.

At first they wanted to repeatedly fuck me in the ass with a group.
But the people of Furom advised: “Harley, reduce the amount of eating!”
I bargained, and THEY reduced the claims, said that they agree to fuck only ONE time.
But I was advised - "Shadow time, continue to bargain, you can achieve even lower penetration."

Hooray. Thanks everyone! Who helped me with advice. We agreed on the issue price. I'll only get busted ONE time. This is success.
I am so glad, THIS mine, and our common victory.
As agreed, they planted me only once, we signed papers that there was NO claim against me.
I am now finally free! Hooray! Thanks everyone!

But seriously, another sucker was bred.
It is because of such successful cases of divorces that “suckers endured” us and they are trying to breed us further.

Valuable advice?
Do not pay anything to anyone, and tell THEM ALL to decide everything officially, how much they will award so much and I will pay.
And it will turn out. that there was no fracture, and if there was, then the victim himself was to blame, etc.

Where were you the topic. Or a blog. Same DDP. The victim described it himself.
They brought, after an accident, to the police, his frightened “Russo-faranga” and began to extort $ 10,000, threatening with a prison, and saying. that everyone was crippled in an accident, and will be in wheelchairs. And HE would have given money out of fear, but he simply didn’t have it, as a result, the case was brought to court, a representative of the Russian consulate came to the court, and the court sentenced 3,000 baht of a fine. (All the victims were alive and well).

Choosing a lawyer in Pattaya

CURRENTLY, MORE THAN 100 LEGAL COMPANIES ARE REGISTERED IN PATTAYA. MANY REAL ESTATE AGENCIES OFFER LEGAL SERVICES AS ASSOCIATED. BEFORE CONTACTING ONE OF THE COMPANIES, LET'S REMEMBER THAT A LAWYER, LIKE A PERSONAL DOCTOR, MUST MEET CERTAIN REQUIREMENTS: HIGH PROFESSIONALISM, AN IMPOSSIBLE REPUTATION AND, MOST IMPORTANTLY, HE MUST BE THE PERSON YOU SHOULD BE.

Choosing a law firm in your homeland is not difficult. I would like to dwell on the specifics of such a choice in Thailand and, in particular, in Pattaya.

"KEN DU" OR DIFFICULTIES OF TRANSLATION.

At the first meeting with a consultant who speaks different languages to you, make sure that he understands you. If you explain the essence of the problem to a Thai in Russian and get the answer “sap do” - I can do it - it is likely that his main task is to receive an advance payment from you and then forget about your existence (Thais for the most part do not understand Russian speech). If you are sure that you want to work with this company, use the services of an interpreter. You and the lawyer must fully understand each other.

A NEGATIVE RESULT IS ALSO A RESULT.

Of course, it is best to look for a lawyer on the recommendation of friends. If your friends have already contacted a specialist on a similar issue and were satisfied, this, of course, speaks in his favor. It is worth making an appointment to see if this specialist can help you solve your problem. But we are talking only about positive recommendations. You should not contact a company that has already spoiled its reputation, believe me, it will not try to fix it in your particular case.

YOU DON'T UNDERSTAND ANYTHING! DON'T STOP WORKING!

Ask to explain how the company will resolve your issue in stages, what documents are required from you, whether there will be intermediate actions / papers / negotiations. The services of a lawyer in Thailand are not cheap, for your money you have the right to demand "transparency" of the work process. If your questions are not answered, then either they do not know the answer, or they are simply afraid to give you extra information. Both that, and another not in favor of the lawyer.

WE ARE THE BEST, OUR PRICES ARE 5 TIMES LESS THAN COMPETITORS!

Price is, of course, one of the selection criteria. Companies that are confident in the quality of their services can afford to set prices slightly above average, knowing that this will not scare serious customers. Others set prices lower, hoping to attract new customers. But believe me, no one will work at a loss. free cheese lawyers don't give out.

AND THIS IS OUR CHIEF SPECIALIST, PART-TIME CLEANER AND DRIVER.

Feel free to ask about the company's employees, how many lawyers there are, in what area of law they specialize. The company should have specialists working in different areas. If there is only one lawyer in the office, he is also a director, he is also a janitor, there is an option that he will go on sick leave tomorrow along with your documents. And you will have no one to ask.

DO NOT GO TO THAI / RUSSIAN / JEWISH / GERMAN COMPANIES THERE YOU WILL DEFINITELY BE DECEIVED.

If you already choose a company according to the national principle, then only in terms of comfort. Determine with whom it will be easier for you to find a common language and come to an understanding. The easier it will be for you to communicate, the more likely you are to understand the qualifications of a lawyer and his decency.

These are just a few tips for choosing a lawyer. Ultimately, it all depends on you. Paying for legal services is also a type of investment, do not rush to say goodbye to your money, weigh the pros and cons and make an informed choice.

Our partners: legal company Expert

Unreliable agencies, lawyers, etc. in Thailand

good evening!
I've been looking at this site for a long time but haven't been able to find any information.

Forgive the mole rat, but tell me if there is any black list of real estate agencies, are there trusted agencies and lawyers somewhere .. who can be contacted. I really need advice from experienced people, in a personal / not in a personal, but I really need information from old-timers and other informed people.
and is there reliable information on prices, real prices today

I really hope for you and look forward to information

Re: buying real estate

yes, the agent's dishonesty is obvious here. mine immediately warned me - to the foreman 20-30 percent in advance and the rest when the floors are washed and the furniture is arranged

in general, such agents who undertake to sell and repair, and also offer to take them to a crocodile farm 🙂 immediately inspire distrust
mine just gave me the brigadier's business card, and call and arrange it yourself - I, they say, have another business

Re: Unreliable agencies, lawyers, etc.

And he will, no doubt. There was a story when the buyer could not get his hard-earned money for a long time, applied to all authorities, and the seller filed a counterclaim: an insult to the person. The story ended well, all the same, the buyer received the purchased property, but.

Recently, such incidents have begun to occur more and more often - it's not pleasant. Conclusion - it is better to use lawyers and carefully read the contract.

In Phuket, the sale of the Tropical Condo project in the Rawai area is currently underway. Be careful. The project has already been under construction for the third year, the completion is not expected yet, the co-owner of the foreigner is no longer in Thailand.

I'm embarrassed to ask - out of sheer enthusiasm. 😮

I'll definitely stick with beer!

Of course, this realtor is a goat, but she also needs to turn on her brain - why buy an apartment without knowing the prices?
Why order repairs from a person who has already divorced you once?
How can you leave repairmen (especially Thais) unattended and go somewhere?

The moral of this story is that if you come to a foreign country, then you don’t have to immediately make sudden gestures - buy real estate, start a business. We must first figure out what and how, then there will be no such hits.

Pizdyuley get and not frail, that's for sure.
It is stupid (and even dangerous) in a foreign country to download rights by non-legal methods.
The moral of this story is that if you come to a foreign country, then you don’t have to immediately make sudden gestures - buy real estate, start a business. We must first figure out what and how, then there will be no such hits.

Thanks, you just opened my eyes. . **
The most important thing that I understood from your speech, as a professional psychologist, is “not to make unnecessary gestures. turn on the brain so as not to get cunts. . **
Thank you for telling me about yourself and your priorities, and I have already outgrown that stage of development when they are afraid of cunts. ➡
Are you really so naive that you believe in legal methods?
How old are you?

pups correctly advised not to aggravate the situation and saying “thank you” you should have limited yourself to this.

What did you want to hear? - right now, countrywoman, like we’ll drive up with a brigade and smash jack’s office to smithereens?

Well, they showed carelessness in a foreign country, did not heed the warnings about cheating, it happens (and here on the forum this was written many times).
It would be nice if people were young and green, but judging by the profile, you are only 2 years younger than pups, but your age is not an indicator of experience, and your story clearly showed this.

Have another drink and kill. Jack the goat is blacklisted.

Life in Thailand on Koh Samui

How to choose a lawyer in Thailand

Translation of a chapter from the book "How to buy land and build in Thailand." Written by Philip Bryce.
My comments are in italics.

The very first lawyer I met in Thailand gave me interesting advice: “Never trust lawyers, never trust Thais and never trust locals!” Of course, not everything is so simple, however, I would recommend keeping these words in mind. Murphy's law “if there is a chance that some kind of trouble can happen, then it will definitely happen” is especially often triggered in Thailand.

(because the book was written by an American and mainly for Americans and Europeans, the author prefers scare tactics. As for the citizens of Russia, Ukraine and other former Soviet republics, many of them, especially those who were doing business in their homeland, make sense, on the contrary, relax a little)

First and foremost, your lawyer must speak English well (of course, you yourself or your confidant must also speak English well). The main cause of most of the problems associated with life in Thailand, I believe, is a misunderstanding. In legal matters, clear communication is vital.

Secondly, your lawyer should have extensive experience in exactly the area of law that interests you. For example, if you are going to buy land, he should know absolutely everything about the ways of acquiring land for foreigners, as well as the procedure for registering a company.

During a preliminary conversation with your potential lawyer, “cast the bait” by asking a few questions that you already know the answers to, for example, from the Internet.

When communicating with Thais, be sure to keep in mind that many Asians, rather than providing clear information that can cause negative emotions, would rather make you happy now. Very important information may be hushed up or misrepresented, as they sincerely believe, for your own good. Unfortunately, this approach can be found even in the legal environment. In America, every lawyer feels it is his duty to draw the darkest scenario possible; in Thailand you will often hear: “Mai pen rai” - “No problem!” Thais tend to say what you want to hear, not what you need to know, so it's best if you find out in advance what approach your future lawyer uses to discuss problems.

It is also necessary to check the ability of a potential lawyer to express his thoughts in English in writing. How regularly does he use email your lawyer candidate? If you do not live in Thailand permanently, you will have to correspond a lot. Try sending out some test letters to several lawyers to see how prompt they are and how clear their responses are.

Many tourist areas in Thailand have many good companies for the sale of real estate, which also provide related services. Often such companies have close relationships with the legal and construction companies. Be very careful when using a lawyer recommended by the real estate agency or the seller. “Conflict of interest” is of no concern here, and one day you may find that despite regularly paying bills from a lawyer, he helps the seller or the seller's agent.

The next thing you need to do is find testimonials about your lawyer from farang clients who have done similar deals. But the best thing would be to find dissatisfied customers.

Like any property owner in Thailand, you will certainly need legal services after the purchase and sale transaction. Constantly evaluate your attorney's behavior and communicate with others about their experiences. It may be more beneficial to have another lawyer represent you.

If you are unsure about the validity of your lawyer's recommendation, ask others. One more or even two opinions - great way secure yourself. If you make it clear to other lawyers that you are looking at them for your cases, then most likely these tips will be free for you.

Reprinting of the material is allowed only when placing a link to the original post.

Legal services in Thailand in Phuket

SkyProperty offers legal services in Thailand on the island of Phuket. We cooperate with leading lawyers in Thailand. Their activity extends to the most demanded lawyer practices in the field of civil, land and tax law. In addition, our counterparties carry out representation in courts and government bodies Thailand.

How to create conditions for working and doing business in Thailand

If you plan to work or do business in Thailand, then the lawyers cooperating with us will prepare everything Required documents and help you understand the intricacies of Thai law:

Work Permit
Annual renewal
Registration of legal entities in Thailand
Assistance in purchasing ready business, franchises
Registration of transactions, drafting of contracts, translations (English, Thai Russian)
Increase the authorized capital
Updating the founding documents

Attention! Even one day of work without permission entails criminal liability.

If you need the help of a qualified lawyer in Thailand, by contacting our SkyProperty company, you will receive advice on the following issues:

Support of real estate transactions

Purchase of real estate in the ownership of a legal entity
Long term property rental
Purchase and registration of real estate in a condominium in private ownership
Registration of land in ownership or lease
Acquisition and lease of commercial real estate
Expert assessment - checking the legal "purity" of the object

Notarial support

Certification of signatures, copies of documents
Assurance of transfer of shares
Certification of contracts
Certification of powers of attorney
Drawing up wills
Translation Accuracy Confirmation
Testimony of oaths, testimonies of witnesses

Tax consultant, preparation of tax returns

Corporate income tax
Personal Income Tax
Real estate taxation
Land department taxes

Accounting services

Reporting
Drawing up an annual balance sheet
Audit
Monthly bookkeeping
Contributions to the pension fund
Depreciation
Consolidation
Calculation of dividends

Other types of services

Lawyers' advice
Resolution of legal conflicts
Litigation - civil and criminal law
Family disputes

Legal advice in Phuket

SkyProperty cooperates with leading lawyers practicing in Thailand. Since all specialists have vast experience in working with Thai law, by contacting us you will receive:

Comprehensive answers to your questions
Competent advice
Tactful Communication

Our counterparties work with both individuals and legal entities and are ready to offer their services in a wide range of civil, family, housing, tax and financial law.

Additional questions you can ask by phone - call right now.

Thailand's real estate laws are in many ways similar to their Western counterparts, just as the Civil Code is based on continental European civil law and repeats the provisions of the laws of common law countries. The only thing that makes it difficult for non-residents to purchase property in Thailand is the legal ban on foreign ownership of land. This circumstance makes it impossible for foreigners to obtain full ownership of land and houses.

The main legal aspects in the field of real estate in Thailand:

1. Legislation on land ownership for foreign citizens

1.1 - Foreigners cannot own land in Thailand, but (theoretically) some categories of non-residents can own land up to 1 rai (1,600 sq.m) in residential development areas. Permission for such ownership is granted by the Investment Board (article 96 bis of the Land Code), and in order to obtain it, in addition to buying land, an additional investment of 40 million baht in the Thai economy (in specially designated assets or government bonds). Such permits are extremely rare in practice and require strict conditions to be met, including the location of the land in a designated area and the separate approval of the Minister of the Interior. In addition, this ownership right cannot be inherited. Thus, even for very wealthy buyers, such a solution is ineffective. Apart from this exception, in all other cases, foreign citizens strictly It is illegal to own land in Thailand.

1.2 - Foreign companies co significant investment in the Thai economy can receive special privileges and benefits in relation to the right to own land property, which is established in article 27 of the Investment Promotion Act, as well as in article 44 of the Industrial Estate Authority of Thailand Act) and Section 65 of the Petroleum Act. These rights may be granted only for the duration of the activities of such companies in Thailand.

1.3 - The only means available to foreigners to control their investment in land in Thailand is to participate in Thai company, subject to the presence of a majority of Thai shareholders (both in terms of the percentage of shares and the number of co-owners) through the mechanism of preferred shares. Despite the fact that the ownership of land by a Thai company with foreign (up to 49%) capital does not contradict Thai land law, in most cases the way this mechanism is implemented is controversial, or even illegal. Since 2006, the Thai government has introduced restrictions to the misuse of Thai legal entities in order to circumvent existing legal prohibitions on the exercise of foreign land ownership rights in Thailand.

1.4 - In accordance with Article 93 of the Land Code, a foreigner who claims to receive ownership of land by inheritance as a legal heir may receive such ownership with the permission of the Minister of the Interior. Please note that article 93 applies only in relation to foreigners who are legal heirs of a land plot on the basis of an inheritance contract(Article 86), and does NOT apply to persons who are the legal heirs of a Thai spouse. Since Thailand currently does not have any international agreements governing land inheritance rights, no foreign spouse without an inheritance contract won't get permission from the Minister of the Interior. This category of foreign heirs, having received inherited land, will not be able to register formal ownership rights and must sell it within one year from the date of receipt.

2. Buying a condominium (foreign property)

2.1 - Foreign citizens (individuals and legal entities) can own* condos (apartments or apartments) in Thailand, provided that these condos are included in the so-called "foreign quota" of this condominium. Non-residents purchasing condos in Thailand must comply with the requirements set out in Section 19 of the Thai Condominium Law. The right of full unconditional ownership (freehold - freehold) for apartments in Thailand means that:

no more than 49% percent of the total living area in the condominium may be in foreign ownership, the remaining 51% must be owned by Thai natural or legal entities(for example, if there are 100 identical apartments in a condominium, then only 49 of them can be purchased by foreign citizens);
if it is possible to purchase an apartment by a non-resident, a foreign buyer must match section 19 of the Condominiums Act, which generally means the requirement for a legal and documented foreign currency transfer in an amount equivalent to the purchase price, and the official exchange of the specified amount in Thai baht in Thailand.

*Note: Ownership of apartments by foreigners is possible only in condominiums that are registered and licensed in accordance with the Condominium Law.

2.2 - In the event that the foreign quota in the condominium project is sold out, apartments from the remaining "Thai" part can be transferred to foreigners for possession on the basis of a lease agreement (leashhold - leasehold). In Thailand, there is no special legislation governing the legal relationship of rental ownership of apartments for foreigners (as opposed to full freehold ownership, which is regulated by the Condominium Law). The leasehold determines the right to use and dispose of the property (condo) during the period of time established by the agreement. From a legal point of view, the leasehold ownership of an apartment in a condominium in Thailand is an ordinary lease: the tenant does not receive a certificate of ownership in his name, he cannot sell the apartment, he does not have a share ownership in the common areas of the condominium, he does not have the right to vote at general meetings of co-owners condominium. After the leasehold period specified in the agreement expires, the lease period must be extended (if the owner wishes), or all rights of use and disposal of the property must be returned to the real owner. A condo lease is governed by the sections on renting, renting and leasing property in the Civil and Commercial Code (), while being a lease, the lease is subject to taxation (“rental tax” imposed on the landlord).

3. Purchase by foreigners of apartments not registered under the Condominium Law in Thailand

In Thailand, there are two types of residential apartment buildings are condominiums registered and licensed with the Land Department that offer full and unconditional freehold ownership of apartments, and apartment buildings that do NOT have a condominium license and, accordingly, do not provide individual rights apartment ownership. Outwardly, these two types of buildings may look exactly the same, but from the point of view of the law, there is a big difference between them. Condominiums registered and licensed with the Land Department must comply with the provisions of the Condominiums Act, which establish individual ownership rights for individual unit owners, joint ownership of common areas, and joint building management by all unit owners. Buildings not registered as condominiums are not regulated by special condominium laws, while the developer (owner) of a residential building can sell the rights of use and disposal (but not full freehold ownership) of the apartments according to his own rules and on his own terms. There are many contractual schemes under which such apartments are sold - from time-sharing and simple leasehold (rent), to leasehold in combination with ownership of shares in a holding company. However, care must be taken as such schemes do not provide individual freehold rights and buyers do not receive the same degree of legal protection as buyers of apartments in registered condominiums. In this case, it is necessary to double-check the existing contract schemes and the developer's proposals (lease scheme, building management principle, current and planned costs for Maintenance and building management).

4. Renting, hiring and leasing in Thailand

4.1 - There are no sections in Thai legislation that would separately regulate the issues of renting real estate (separating them from the general legislative norms on renting property). Leasing property in Thailand is a property lease agreement that must comply with the relevant articles. about hiring and renting property(Articles 537-571) of the Civil and Commercial Code. One of the shortcomings of Thai property law is that, in fact, the lease agreement establishes personal tenant's property right stops in the event of his death. Thai law does not give the tenant's heirs the right to automatically inherit the right to lease, and for the same reason, the tenant does not have the right to sublease the leased property without the permission of the owner. The lease agreement is not suspended upon the death of the owner (Section 569), but the death of the owner cancels all additional obligations on the part of the landlord (for example, the obligation to extend the lease). The death of the tenant may result in the termination of the lease. The death of the landlord or the transfer of ownership to another person can also lead to the termination of the lease and this can only partially be challenged by the tenant in legal action against the successor of the owner

4.2 - Leases in Thailand can be established for a period not exceeding 30 years. When the contract expires, the lease rights also terminate. Some leases with the right to buy real estate for foreigners offer longer terms and define broader rights than are established and provided by Thai law on the hiring and leasing of property. Such contracts between seller and tenant can be compound and must at a minimum separate ownership of the house from ownership of the land. At the same time, they often determine an additional 30-year lease period and an obligation (fixed in the contract or in an appendix to the contract) to transfer the land plot to freehold. Legally, such transactions are not protected by Thai law and may be considered invalid and illegal, since foreigners are not entitled to own land, and the lease term cannot exceed 30 years.

Please note that under the new regulation (2008), land authorities must refuse to register lease agreements that include invalid or illegal provisions: such as transferring freehold title to land to a foreigner or prepaid the tenant's right to a 30-year lease extension. Recently, attempts have been made to reflect such provisions not in the text of the contract itself, but in separate annexes (which are not submitted for registration), despite the fact that the Land Department considers such methods of sale invalid or illegal.

4.3 - An official and legal developer is obliged to include in their contracts for the sale of real estate (houses and apartments) in full and unconditional ownership (freehold) provisions that are fully consistent with applicable standards and laws on consumer protection. At the same time, the developer is not limited by such legislative norms when transferring real estate to a foreigner on a leasehold basis (leasehold). In this case, the developer is free to choose contractual terms and may include in the lease various provisions that are beneficial to him, which can increase sales, but at the same time be misleading (for example, provisions to extend the lease for up to 90 years).

5. Owning a house is separate from owning land

5.1 -Foreigners cannot own land, but have the right to own buildings and structures separate from the land. There are two ways to obtain ownership of a house separate from the land: a)- you are building a house on rented land (with or without fixed building rights) or b) - you buy an existing house separately from the land and lease the land. The transfer of an existing home must be in writing and registered with the relevant authority (Land Department or its branch). The procedure for the transfer of ownership of an existing structure begins with the submission of an appropriate application to the local Office of the Land Department, after which a public announcement is made within 30 days of the sale of the specified property in the specified area, after which the local Office draws up the necessary documents for the transfer of rights. It should be noted that the ownership of a house on a land plot owned by someone else falls under the category of land use rights (for example, under a land lease agreement and/or superficial rights). When the right to use a land plot expires, the ownership of a house on that land also ends.

5.2 - Tabian Baan (document confirming the registration of the house), pronounced as Tabien Ban, is a government document that indicates the official address of the building and lists the (Thai) persons living in it. The document may indicate the name of the owner, but in the case of a foreign owner, this is not necessary. It is important to note that in Thailand there are no official documents that would certify the ownership of a house (as opposed to land). Tabian Baan is not a document confirming the ownership of the house, but is only a certificate of registration of the house and its tenants, a kind of extract from the house book. Indirect proof of ownership of the building can be: a) - issued by the municipality or local district government (Tambon Administrative Organization, or, in Thai - Or Bor Tor) a building permit with a floor plan, or b) - an official registered with the Land Department a contract of sale (for an existing house, not a house under construction). As for the Tabien Ban, there are two options: the so-called. "blue book" (Thor.Ror.14) for Thai citizens and "yellow book" (Thor.Ror.13) for foreigners.

6. Ownership of real estate by a Thai spouse/husband married to a foreigner

Foreigners who are legally married to Thai citizens cannot own land in Thailand, nor can they have a land share in joint family property. Moreover, the Land Department allows the registration of personal title to land for a Thai citizen who is married to a foreigner only if both spouses sign a joint declaration stating that financial resources used to acquire such land are own funds Thai spouse. This means that the land (and often the land, the house and in some cases the condominium) is acquired as the personal property of the Thai spouse and is therefore not jointly owned and managed (called Sin Somros in Thai law). This principle is based on the norm of Article 1472 of the Civil and Commercial Code, which establishes that if personal property has been exchanged for other property (in this case, land), then such property must be personal property. A foreign spouse does not have ownership of such assets, which is fixed by Thai family law, which regulates property relations between spouses. The Thai spouse will be the sole owner and administrator of the land and, as personal property, this land will not be included in the joint assets to be divided in the event of a dissolution of the marriage.

7. Nominal ownership

Nominal ownership is when land is acquired or was originally acquired by a Thai citizen acting on behalf of a foreigner or acting as an agent of a foreigner in a land transaction. In practice, this means that the foreigner acquires the land and registers the title in the name of a Thai citizen, in exchange for the right to lease, the right to develop (superficies) or the right to use (usufruct). This transaction can be combined with a loan agreement, and sometimes with a mortgage. This legal scheme is legal as long as the citizens of Thailand are not limited in exercising their absolute land ownership rights, which are essentially expressed in the right to dispose of the land, including the right to encumber, sell and transfer the land. If such rights are restricted and the reason for such restrictions is a foreign national, then the Thai owner may be considered to have received the land under Article 96 of the Land Code as a "nominee in place of the foreigner". With the proven qualification of such a transaction in accordance with Article 96 of the Land Code, both a foreigner and a citizen of Thailand may be punished by a fine or even imprisonment.

8. Right to use property (usufruct)

The right to use property (usufruct) is an agreement (contract), according to which the right to occupy or use someone else's real estate for a period of up to 30 years is granted (and not exceeding the life expectancy of the person who received this right - the usufructuary). Also, usufruct in Thailand can provide the right to use and dispose of real estate for life. In this case, such rights of use and disposal real estate are valid throughout the life of the usufructuary. After his death, the real estate is returned to the owner. Often the usufruct is granted to a family member, such as a foreign spouse, which guarantees him a lifetime right to use the property registered in the name of the Thai spouse, even in the event of the death of the Thai spouse - the owner).

The usufructuary (user of the usufruct) does not have the right to sell the property (this right remains with the registered owner of the property) and in accordance with articles 1417-1428 of the Civil and Commercial Code, the usufructuary is obliged to maintain the property in good condition and take care of the property. If the usufructuary fails to meet these requirements, and the property loses its value or is in poor condition, the owner has the right to terminate the right of usufruct. The usufructuary is liable for damage to or destruction of property unless he can prove that the damage was not caused by his fault. Implementing a usufruct scheme can, under certain circumstances, be an effective means of protecting a foreign spouse, both during their marriage in Thailand and after the death of his or her Thai spouse, however, in some cases, usufruct is not the best option.

9. Building rights (superficies)

Superficies, or the right to build (articles 1410-1416 of the Civil and Commercial Code) in Thailand is one of the civil rights in the field of real estate relations. The right of superficies legally separates ownership of land from ownership of anything on that land. To be valid, a superficial right must be registered on a title deed. The right of superficies can be registered either as a separate (independent) right, or as an auxiliary (accompanying) right in combination with a land lease agreement. A person to whom the right of superficies is granted by contract acquires the right of ownership of the buildings that he has built, without obtaining or having ownership of the land on which these buildings are built. Registration of the right of superficies can be carried out before the start of construction or during the construction of the building, however, if there is already a built building on this land, then it is first necessary to register the transfer of ownership of the existing building (and, accordingly, pay the tax on such transfer).

10. Right to a place of residence

The right of residence/residence (articles 1402-1409 of the Civil and Commercial Code) is the right to live without compensation in a house owned by another person. The right of residence differs from the usufruct, since the person who has received the usufruct is allowed to transfer the exercise of his rights to a third party (but not the usufruct itself), while the right of residence establishes only the possibility of living in the said premises for a specific person and members of his family, without the right to derive any additional material benefits from the operation of this property. The contract on the right to a place of residence housing belongs to the category of housing law. The right to a place of residence / residence is provided free of charge, otherwise it will be interpreted as a “property lease”. The right of residence can be formalized by making a will in Thailand (the owner stipulates the right of residence in the will) or as a gift from the owner to a third party. The right of residence is considered completed after the approval and registration with the Office of the Land Department of the document on the ownership of the land where the said property is located.

11. The right to limited use of a land plot (servitude)

“Real estate may be the subject of an easement, by virtue of which the owner of such property bears certain obligations or is limited in the exercise of certain rights inherent in him as an owner in favor of other immovable property.” An easement generally consists of two or more separate properties/land plots, one(s) of which receives an encumbrance and the other(s) benefit from the application of the easement. The encumbered land is called the servient, and the land that receives the benefit is called the dominant. The service may include different kinds encumbrances and benefits, however, most often this legal mechanism fixes the right to use water wells located on neighboring sites, use access roads, lay water canals, pipelines and other elements of public supply through the territories of other sites. A registered easement right is an important right when a piece of land is surrounded by other lots without direct access to public roads. In this case, the right of easement, fixed in relation to the adjacent servient plots, guarantees uninterrupted access to the dominant plot.

12. Buying real estate for a Thai company controlled by foreigners

Up until 2006, when new regulations were issued for Land Department Offices (together with the Ministry of Home Affairs), it was widespread for foreigners to use Thai companies to purchase land or condominiums from the Thai quota. While the majority of the shares in the company were owned by Thai shareholders (and the number of Thai shareholders was greater than foreign ones) - such a company was treated like any other Thai company. However, the government has now introduced certain restrictions in order to combat the illegal use of Thai companies and nominee shareholders by foreigners. Under the new rules, Land and Business Development Department officials must now follow special procedures and carry out additional checks when dealing with a Thai company with foreign shareholders or a foreign director with signing authority. These procedures should prevent the illegal use of Thai nominee shareholders and shell companies by foreigners.

The practice of using holding companies to purchase real estate by foreigners is no longer as common as it used to be. In order to successfully pass all the new checks in the Land Department, today foreign buyers who wish to register ownership of the company are not recommended to enter their name in the constituent documents from the very beginning. Only after the property is registered as a 100% Thai company, it is possible to transfer part of the preferred shares (up to 49%) to a foreign owner. Note that a Thai company formed solely as a "front" for exercising foreign ownership of landed property is illegal, making it illegal to own such property as well. A company that owns real estate must current activities, submit annual balance sheets and ensure proper maintenance accounting. Such a company cannot be "mothballed".

13. State certificate of the right to land

The most important part of any real estate investment is documenting land ownership rights. A land title deed is a document issued by the Land Department. This document declares and officially confirms the legal right to own or dispose of a piece of land, its topographical status, as well as the rights, obligations and encumbrances of this property. It must be said that Thailand has a rather confusing system of such certificates, because along with the main document there are several more “derivatives” that serve different purposes of certificates. The main, “main” document establishing the ownership of land both under the scheme of full ownership through a company (freehold) and on a leasehold basis (leasehold) is the so-called. Chanot (in Thai Chanote or Nor. Sor. Si 4 Jor, N.S.4.J). Next in importance is Nor Sor Sam Gor (N.S.4.G). Less attractive is Nor Sor Sam (N.S.3), since this document does not explore and accurately confirm the boundaries of a piece of land in relation to neighboring lots. Such land can only be sold subject to 30 days of public notice, during which the boundaries of the site can be challenged by neighbors (and this practice is not uncommon). This type of land deed can be "upgraded" to N.S.3.G or Chanot.

We list all the options for certificates of land ownership that are issued by the Land Administration of Thailand: Sor Kor Nung (S.K. 1), Nor. Sor. Song (N.S. 2), Nor. Sor. Saam (N.S. 3), Nor. Sor. 3 Gor (N.S. 3 G.), Nor. Sor. 3 Khor (N.S. 3 K.), Nor. Sor. 5 (N.S. 5), Nor. Sor. 4 Jor (N.S. 4 J.) or Chanot. Documents issued by others government agencies: Sor. Por. Gor. 4-01 (S.P.G. 4-01), Sor. Tor. Gor. (S.T.G.), Port. Bor. Tor. 5 (P.B.T. 5), Nor. Kor. 3 (N.K. 3), Gor. Sor. nor. 5 (G.S.N. 5)

14. Taxes and fees upon transfer of rights to real estate

When purchasing a freehold apartment in a project that is licensed in accordance with the Condominium Law in Thailand, as well as in the case of buying real estate from a developer who has state registration, - consumer protection legislation states that the developer can charge the buyer no more than 50% of the property transfer tax. In all other cases, since there is no statutory provision on how taxes and fees on the transfer of property should be distributed between the buyer and seller, such distribution must be agreed within the framework of the sales contract. Taxes and fees on the transfer of ownership are collected by the Land Departments and apply to condominiums, land plots, houses jointly with land plots , as well as to houses without transferable land plots. These fees and taxes include: State Transfer Fee (2%), Special Business Tax (3.3% if applicable), Stamp Duty (0.5%, not payable if Special Business Tax is paid) , income tax(for companies it is fixed at a rate of 1%, for individuals- progressive scale).

15. Property tax

Thailand currently does not levy taxes on land and real estate, except when such land or real estate is used for commercial purposes (leased, used as company property, used for storage purposes, is an investment investment, in other words - if the land and the property is not used for personal residence purposes of the owner). In this case, an annual tax on land and real estate is levied in the amount of 12.5% of the actual or estimated rental income. There are plans to reform the current tax system and introduce a universal property tax. Some areas of Thailand also have a small regional development tax (applies to undeveloped land only).

Haris & Associates specializes in working with clients to help them achieve their goals and overcome legal challenges anywhere in Thailand. From a local platform with offices in key cities in Thailand such as Chiang Mai, Bangkok and Phuket, the firm's lawyers help clients succeed. Our first few years were marked by slow and steady growth in our client base as we set out to establish ourselves as a local firm for our clients' most complex legal problems in Phuket. Recognizing the value of providing a full range of advice to local and international clients, from day one we have strived to develop a range of additional practices such as real estate, immigration, business, technology licensing, notary public, family, personal injury and others. This steady growth in clients led us to decide to significantly expand the practice we offered to clients, including restructuring, financing, real estate and litigation.

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