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Home » Reader question » Reader question: Questions about the purchase of building land in Thailand?
Dear readers,
I would like to receive more information regarding the purchase of a piece of land (building land). The land has an area of approximately 1 rai, which is located in Isaan nl in the municipality of Chumphon Buri (located +/- 40 km from Buriram and 90 km from Surin). The land is located on the main road connecting Chumphon Buri and Baan Rahan.
Please also explain how everything should be arranged practically.
Regards,
Nick (BE)
The question is very general and you cannot buy land yourself if you do not have Thai nationality.
At most your wife (if you are married) if she is Thai.
Or (not very likely) your Thai husband, because Nick, I think Nicky can be both a boy's name and a girl's name.
Dear,
As a foreigner, you cannot purchase land in your own name.
There are constructions where more is possible, but not recommended.
(wife, girlfriend ect with Thai nationality is possible)
You can lease that land (long-term rent)
You can build a house on that land in your own name.
The best method is to consult a good lawyer with a notarial function and having all relevant documents translated and checked is also an insurance policy to prevent problems afterwards.
I myself have been married for 16 years, we have land and a house and everything is arranged reasonably well, even if my wife were to die before me…
Be safe, never say never…..
greetings
Guy
This is not so easy to arrange, and most likely no one on this blog can give a clear answer to that. Advice is to hire a good English speaking Thai lawyer. There are many reputable law firms in Bangkok, or contact my colleague/friend in Ayutthaya. He is a Thai lawyer who also holds US nationality (experienced with cases). His name is Payu Wayakham and can be reached on +66(0)898977980. Feel free to mention my name. Good luck.
1: you are talking about “a piece of land”.
important for the valuation: which chanote (land deed title) does the land have?
there are various types of chanote (land deed), which also determine the value of the land.
see e.g.: https://www.thailandforum.nl/viewtopic.php?t=821148
2: A foreigner cannot own land
3: you can put the land in the name of a Thai; as personal security you can take out a lease contract
hang on, have it drawn up (Thai-English) by a lawyer, whereby you rent the land for a number of years.
4: suppose you pay the land and put the chanote in the name of your Thai relation: the relation goes wrong, what then?;
do you feel like or does it make sense to keep your long-term lease?
Success.
For a Dutchman or a Belgian (and many other nationalities) the consequence of the term “purchase” has the meaning of: “acquire ownership of a certain good”. Even if the purchase is made abroad. However, in Thailand this is not possible for a foreigner. According to the Land Act 2497/1954 section 84, eg religious institutions and foundations are still granted that right, but only under strict conditions and with explicit ministerial permission.
Nevertheless, the Thai wife of a foreigner is free to purchase a rai of land, and thus acquire ownership, after which her name is mentioned on the title deed/chanoot.
Whether that plot is located in Hua Hin, Buriram or Chiang Mai does not matter, and is irrelevant for the answer to Nick(BE)'s question. How it is arranged that the foreigner pays for the purchase via the Thai wife is another story and was not the question.
@Guy is still talking about lease, @Jos says to call in a lawyer, @Ton appoints both, either way left or right you never become the owner, only the payer of the purchase and it only becomes more complicated with lease or a lawyer and more expensive.
Nick is talking about buying a piece of land. In other words: to acquire ownership.
Ruud, Guy and I clearly write/mean the same thing: a foreigner cannot own or acquire land in his own name.
The owner does not have to be the same as the payer. After all: many foreigners pay for a piece of land for their Thai relation, whereby the piece of land is then put in the name of the Thai relation at the Land Office. So foreigner pays, Thai becomes owner. By the way, it doesn't matter who pays, the Thai becomes the owner, as long as payment is made.
If the foreigner pays, he can, in order to still have a certain power over the land, have a lease drawn up, so that the Thai owner cannot just sell, because it has been rented out for a long time. Also in NL applies: buy does not break rent.
Drawing up a lease contract certainly does not have to be complicated and expensive.
And if it is a significant amount, then it is recommended.
As written: contract in English + Thai, drawn up by lawyer.