FAQs About Owning Property Separate from Land in Thailand.
- Can foreigners own land in Thailand?
No, according to Thai law, foreigners cannot own land. However, they can own buildings (houses) separately from the land through specific legal arrangements.
- How can I own a house separate from the land in Thailand?
There are two main ways:
- Build a house on leased land, either with or without the right to use the land for a specified period.
- Purchase an existing house separately from the land and obtain a land lease.
- What is involved in transferring ownership of an existing house?
If you’re buying an existing house, the transfer must be in writing and registered with the local Land Department. This process typically involves a 30-day public announcement of the sale, followed by completion of the transfer by the Land Department.
- What is a Tabien Baan (House Registration Book)?
Tabien Baan is a government-issued booklet that records the official address of the house and the residents living in it. There are different types for Thai nationals and foreigners. The blue Tabien Baan is for Thai nationals, while the yellow one is for foreigners. Both record the official address and residents of the house, but the yellow one may not necessarily state the owner’s name for foreigners.
- How can I prove ownership of a house separate from the land?
Proof of ownership is usually established through a Thai construction permit issued by the local authority or an official Thai land office sale agreement in the case of transferring ownership of an existing house.
6. Are there any restrictions on owning a house separate from the land as a foreigner?
While foreigners can own houses separately from the land, it’s essential to comply with Thai property laws and regulations. It’s recommended to seek legal advice to ensure proper ownership and registration.
7. Can I rent out a house that I own separately from the land?
Yes, you can rent out a house that you own separately from the land. However, it’s advisable to review any lease agreements and ensure compliance with local rental laws and regulations.
- What happens if a Thai national acts as a nominee owner for a foreigner?
If a Thai national purchases land on behalf of a foreigner or acts as the agent in a land purchase, it could be considered a nominee ownership situation. While this structure is legal if the Thai national retains absolute ownership rights, both the foreigner and the Thai national could face fines or imprisonment if ownership rights are deemed to lie with the foreigner.