Lawyer offers Thailand by 3LawyersThailand today: Ownership of a house in Thailand can be transferred separate from the land it stands on. Land and house could have different owners and in a long term lease construction it strongly advised to follow the correct procedure to obtain legal ownership of the house. Transfer of a structure separate from the land must be in writing and registered with the competent authority (i.e. the Land Department’s branch or provincial office). The right to own a building upon another man’s land always relates to the term an right to use and possess the land (i.e the term of the land lease and/ or the right of superficies term). The right of habitation under the civil and commercial law of Thailand (sections 1402 to 1409) refers to the right of a person to live in the house of another gratuitously. The right of habitation differs from a usufruct contract that the person granted a usufruct is allowed to transfer the exercise of his rights to a third person (not the actual usufruct), where the right of habitation grants only the use of a property for the residence of the grantee himself and family. A habitation contract refers to the right of dwelling in a house. Client consultant: A dedicated client consultant will be assigned to your case to help you find the best lawyer. Read extra information at click here to find a lawyer in Thailand.
Legal Services is often times associated with controversies requiring court action. In truth, it embraces both Litigation and Related Services requiring an understanding of the law, its incorporation into an act, and the possible legal repercussions that may follow. Services which fall into this category include the drafting of public instruments, private contracts or agreements, registration and licensing requirements, notary services, personal legal documentation, and many others.
The Labour Department may also issue or renew work permits regardless of the above criteria when the foreign individual falls into one of the following categories: employed as an international trade representative inspecting product quality, purchases or conducting market surveys; employed as an investment or management technology adviser or internal auditor; a tour representative bringing foreign tourists into Thailand; employed in an international financial institute endorsed by the Bank of Thailand; employed a non-profit organization on a temporary basis; employed as a contractor on projects for state agencies or public enterprises; employed in a business that mainly required the use of local raw materials.
Foreigners and foreign juristic persons may own an apartment unit in a building registered and licensed under the Thailand Condominium Act. Section 19 of this act governs foreign ownership of condos, which among others puts a limit on foreign ownership in a condo building and not more than 49% of all units in a condo project can be foreign owned. When the aggregate floor space of all units combined is 6000 square meters 2940 square meters can be foreign owned, or in case of 100 equal apartment units in one condo building up to 49 of the units can be foreign-owned, 51 or more must be Thai owned. In addition foreigners must qualify for ownership under section 19 which usually means that the foreigner must have brought into Thailand foreign currency at least equal to the total purchase of the condo and having exchanged this amount into Thai baht. The recipient bank inside Thailand will supply documents of the remittance and exchange of foreign currency and such proof must be submitted to the Land Department in order to register foreign ownership. It should be noted that foreign ownership is an individual personal right of the foreigner who qualified under section 19 and therefore foreign ownership of the unit is not transferable to another foreigner unless this foreigner (including foreign heirs) also individual qualifies for ownership under section 19 of the Condominium Act.
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