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The legal declaration procedure for building a house in Thailand
Building a house in Thailand requires an understanding of the complex legal process. Although the project offers the opportunity to create a peaceful haven in a beautiful country, neglecting the legal steps can cause problems. This article briefly describes the declaratory process required to build legally in Thailand.
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Can a foreigner build a house in Thailand ?
Although land ownership is restricted for most foreigners in Thailand, it is possible for them to build a house in the country. However, the process requires careful planning in order to comply with the many regulations in force. Here are the main options available to foreigners wishing to build a house in Thailand :
- Long-term lease : Opting for an emphyteutic lease is a common solution. The law allows leases of up to thirty years, renewable once. The contract must grant the lessee the right to build. Some people opt for three successive thirty-year leases, although the validity of renewals beyond the first term remains uncertain from a legal point of view.
- Setting up a company : Forming a Thai company would make it possible to acquire the necessary land. Although the foreigner can take control, the majority of the share capital must remain in the hands of residents. However, legal subtleties allow effective control. This method requires rigorous management in order to comply with current legislation at all times.
- Spouse’s name : If you are married to a Thai citizen, buying land in the name of your local spouse is also an option. It should be noted that the foreign spouse will then have to relinquish all rights to the property, which presents risks in the event of separation.
Other essential points : Building permits are subject to the same procedures, regardless of who applies. Clear agreements must also be signed guaranteeing ownership of the building to be erected. Finally, given the complexity of the legal framework, sound advice from a property lawyer is highly recommended.
What is the legal procedure in Thailand ?
Building a house in Thailand involves a number of administrative steps in order to comply with the country’s complex laws.
First of all, you need to obtain a plot of land, which is difficult for foreigners, but possible with a long-term lease. Next, it takes time to hire an architect to draw up plans in line with local safety regulations. These plans then have to be approved by the municipality, a lengthy process in which every detail is scrutinised.
Once the permit has been granted, construction can begin. Choosing a reliable contractor is essential if the project is to be completed on schedule, on budget and with a detailed contract. Regular inspections will ensure that standards are met, and changes to the initial project could lengthen the procedure.
Finally, a housing certificate is only issued once all the health and safety criteria have been met. The property must also be registered with the land authorities. Complying with this multitude of sometimes tedious steps is the only way to legally build a home in this country.
How do I obtain a building permit in Thailand ?
Building permit laws vary considerably depending on the location of projects in Thailand. Regulations may differ from one municipality to another, under the authority of both local government and national standards.
Here are the main steps involved in obtaining a building permit :
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How do you declare the construction of your house in Thailand ?
Officially registering the construction of a house in Thailand is an essential step in the building process. It ensures that your property is properly recognised and registered with the local authorities. Here are the main steps involved in registering the construction of a house in Thailand:
