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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.

The assistance of lawyers is crucial in the drafting, negotiation and implementation of these instruments. Lawyers are prepared to take clients through their rights and safeguards before acts are committed, or signatures are affixed. Expect lawyers to also explain to you all possible legal consequences which may result from an act. Essentially, proper lawyer consultation results in more learned decisions. Real estate or property law in Thailand is the area of Thai law that governs the rights of use, possession and various forms of ownership of immovable property (land, house, condominium). In this article a brief legal introduction to the most common real estate laws in Thailand.

In order to apply for one standard foreign employee’s work permit in a limited company the employer/ foreigner is required to submit the documents as listed below: Application form signed by the employee; Letter of employment from your company signed by the authorized Director of the company; Company Affidavit/ Certificate of Incorporation and a copy of the list of shareholders (copies signed by authorized director); Audit report, balance sheet for 3 preceding years. If you do not have this, we have to provide an explanation letter stating that the company is less than 12 months old. The authorized Director is required to sign this letter; Employee’s personal income tax declaration form or withholding tax form. A failure to show that tax has been paid correctly will seriously prejudice the employee’s work permit application; A written report stating the employee’s activities and declaration that the activities comply with the conditions stipulated in the work permit booklet. The authorized Director is required to sign this report; Map of the location of the company signed by the authorized Director.

In case foreign freehold units in a condominium project are no longer available the remaining units may be leased to foreigners. Normal hire of property laws apply to the lease of a condo by foreigners. There is no separate law issued regulating the lease or rent of condominium units by foreigners as opposed to buying a condominium. Foreign ownership only exists in a condominium registered and licensed under the Thailand Condominium Act. Common in the tourist areas of Thailand are apartment buildings not registered and licensed as a condominium. These apartment buildings are basically like any other building and the owner can rent out parts of his building under his own terms and conditions. Unregistered apartment buildings could for example be sold as a kind of time sharing in which the units are sold through leases to many different parties each having a specified block of time during which they may use the apartment. We have helped a growing number of clients find the right lawyer for their specific case in Thailand. Using a lawyer requires both trust and reliability. That is why the lawyers in our partner program undergo an admission process to ensure our network only consists of the best English-speaking lawyers in Thailand. Our extensive network of lawyers helps us find the ideal lawyers for your specific case. Find extra info about https://3lawyersthailand.com/.