Thailand Condominium Act

Progress In Preparing The Draft Condominium Statute

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Progress in preparing the draft regulations under the Thailand Condominium Act amended in 2009 with the purchase and sale agreement is almost completed and will be presented to the meeting of the Council of Ministers (Cabinet) in August 2011. The essence of the contract will be to declare the act as another measure to protect consumers, which requires that any project or condominium units which will be open to the public for sale must be certified or approved by the Environment Impact Assessment Committee (EIA) and must have a valid license for construction.

The framework of this contract will provide fairness for the buyer. Many previous condominium projects were sold or booked but without passing the EIA assessment first which meant that there were many legal cases being brought against developers.

The legislation drafting committee has now approved Condominium Act law. Preliminary determination of the initial height from three stories up and the height of the building will be based on the building control act which regulates the rules or details already. Room sizes, for example, must have a minimum usage area of 20 square meters and a bathroom included. However, the editing of the various definitions will take a year to complete and make enforceable.

The new combined Bangkok city plans to include FAR (Floor Area Ratio) for land use along the metro system includes both open-for-business and under-construction projects and investment projects in the planning stages. According to the combined Bangkok city plan which is considering updating and prepare to announced a new city plan enacted for 2012. By taking lessons and shortcomings of the previous land use plan for revision as well as the growth rate of both residential and commercial development including the number of people using the area as a key element in determining the future layout of urban development.

The consideration of the new Bangkok city plan will increase the use of land along the entire metro route which is currently in service and currently under construction according to master plan and investment plan.

This is because the demand for land along metro lines is high from both investors interested in investing in all types of commercial ventures including shopping centers and low-rise housing and high-rise housing especially in the inner city and central areas and the demand of living near working areas and shopping centers. The city of Bangkok will increase the FAR ratio or total building area per land area to be able to construct more on the same piece of land as 1-2 times.

Apart from that, areas in Bangkok inner city and Bangkok middle areas that have the overhead train can be able to develop more high-rises with land high prices and are likely to be considered worth the investment of further rail systems including Bangkoks outer areas stations.

However, BMA has planned to raise the ceiling of a maximum FAR10: 1 to FAR 15:1 especially in some of the red zone area such as some part of Silom will also increase In descending order according to their suitability and land use. increasing the FAR to 11:1, FAR 12:1, FAR 13:1, FAR 14:1 and FAR15: 1. However, it must depend on the city planning committee for approval.

Thai Condo Ownership And Inheritance By Foreigners

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The Thailand Condominium Act divides foreign heirs of condos in qualified and unqualified for ownership of the inherited condominium unit. Unless the foreign heir or legatee is qualified for ownership under section 19 of the Condominium Act; any foreigner who acquires a condominium unit by inheritance in Thailand must dispose of the unit within one year of acquisition of the unit (section 19 septum Condominium Act). The fact of heirship, either under will or as a statutory heir, does not qualify the foreigner for registering of ownership at the Land Department. Under the Condominium Act the successors and assigns of a diseased foreign condominium owner must meet the same criteria as any other foreign purchaser (i.e. a foreigner must qualify under section 19 of the Condominium Act for ownership).
The following foreign natural or juristic persons are qualified to register ownership under section 19 of the Condominium Act:

(1) Aliens permitted to have residence in the Kingdom under the Immigration law;
(2) Aliens permitted to enter into the Kingdom under the investment promotion law;
(3) Juristic persons as provided in Section 97 and 98 of the Land Code and registered as juristic persons under Thai law;
(4) Juristic persons which are aliens under the Announcement of the National Executive Council No.281 dated November 24, B.E. 2515 and have obtained promotion certificate under investment promotion law;
(5) Aliens or juristic persons regarded by law as aliens who have brought in foreign currency into the Kingdom or withdraw money from Thai baht account of the person who have residence outside the Kingdom or withdraw money from a foreign currency account.

Only the above foreigners are eligible to register freehold ownership of a condominium unit in Thailand, as long as it remains within the 49% foreign ownership quota as specified in section 19 bis of the Condominium Act B.E.2522.
Generally foreign heirs are not eligible under section 19 of the Condominium Act and are required by law to dispose of the unit within 1 year of acquisition. It is not unusual for foreign heirs obtaining ownership of a condominium by inheritance to encounter problems having to deal with transferring ownership of the condominium at the Thailand Land Department or even selling the unit in time. Foreigners owning a condominium could prevent problems by planning succession of their unit in a Thai last will, and foreign heirs of a condo unit should obtain legal advice and assistance to have their rights and duties under the Thailand Condominium Act explained in an early stage of obtaining ownership of the unit by legal professionals familiar with condominium conveyancing procedures

Buying A Condominium In Thailand Legal Start

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A condominium is an apartment building in Thailand is a multi unit building registered under the Thailand Condominium Act in which each unit is owned separately by the people living in it, but also containing shared common areas. Condos in Thailand are regulated in the Condominium Acts and registered with the Thailand Land Department. Each condominium unit has a condominium unit title deed. This document states the owner of the unit, the exact size, voting right in the condominium juristic person’s meeting and if there are any third party rights registered against the unit such as a lease or mortgage. The unit title deed is an important document officially administrated at the local land office where the condominium is located.

Foreigners are under the Thailand condominium act allowed to own condominium apartment units (condos) freehold in Thailand. There is however one restriction which aims to limit foreign freehold ownership of condos in Thailand; not more than 49% of the total floor area of all units in a condominium building combined can be foreign owned. In case of 100 equal units 49 can be foreign owned, the other 51 must be owned by Thai nationals.

The units in a condominium project exceeding the 49% foreign freehold ownership quota may be sold under a registered leasehold to foreigners. There is no restriction for foreigners renting or leasing real estate in Thailand. The contract for hire, lease or rental exceeding 3 years must be registered in the foreigner’s name on the condo unit title deed.

The main requirement under the Condominium Act for the purchase of a freehold condo by a foreigner (non resident) in Thailand is that the full purchase price for the condominium unit (which may not be less that the appraised value) for the condo unit must have been remitted into Thailand in foreign currency (see current exchange rates Bank of Thailand). The handling bank in Thailand must transfer the amount of foreign currency into Thai baht and will issue a Foreign Exchange Transaction form for amount exceeding 20,000 USD or for lesser amounts a credit note and confirmation letter of the transferred amounts on request. Without proof of remittance of the full purchase price into Thailand in foreign currency the land department cannot register ownership in the foreigner’s name.

Progress In Preparing The Draft Condominium Statute

admin  Condominium  , , ,

Progress in preparing the draft regulations under the Thailand Condominium Act amended in 2009 with the purchase and sale agreement is almost completed and will be presented to the meeting of the Council of Ministers (Cabinet) in August 2011. The essence of the contract will be to declare the act as another measure to protect consumers, which requires that any project or condominium units which will be open to the public for sale must be certified or approved by the Environment Impact Assessment Committee (EIA) and must have a valid license for construction.

The framework of this contract will provide fairness for the buyer. Many previous condominium projects were sold or booked but without passing the EIA assessment first which meant that there were many legal cases being brought against developers.

The legislation drafting committee has now approved Condominium Act law. Preliminary determination of the initial height from three stories up and the height of the building will be based on the building control act which regulates the rules or details already. Room sizes, for example, must have a minimum usage area of 20 square meters and a bathroom included. However, the editing of the various definitions will take a year to complete and make enforceable.

The new combined Bangkok city plans to include FAR (Floor Area Ratio) for land use along the metro system includes both open-for-business and under-construction projects and investment projects in the planning stages.

According to the combined Bangkok city plan which is considering updating and prepare to announced a new city plan enacted for 2012. By taking lessons and shortcomings of the previous land use plan for revision as well as the growth rate of both residential and commercial development including the number of people using the area as a key element in determining the future layout of urban development.

The consideration of the new Bangkok city plan will increase the use of land along the entire metro route which is currently in service and currently under construction according to master plan and investment plan.

This is because the demand for land along metro lines is high from both investors interested in investing in all types of commercial ventures including shopping centers and low-rise housing and high-rise housing especially in the inner city and central areas and the demand of living near working areas and shopping centers. The city of Bangkok will increase the FAR ratio or total building area per land area to be able to construct more on the same piece of land as 1-2 times.

Apart from that, areas in Bangkok inner city and Bangkok middle areas that have the overhead train can be able to develop more high-rises with land high prices and are likely to be considered worth the investment of further rail systems including Bangkoks outer areas stations.

However, BMA has planned to raise the ceiling of a maximum FAR10: 1 to FAR 15:1 especially in some of the red zone area such as some part of Silom will also increase In descending order according to their suitability and land use. increasing the FAR to 11:1, FAR 12:1, FAR 13:1, FAR 14:1 and FAR15: 1. However, it must depend on the city planning committee for approval.