Buying property in Thailand

Hi,

can a foreigner buy property in Thailand?

If so, is it complicated? What is the process of purchasing a property in Thailand?

Any tips for buying property, such as a check-list of items to verify ?

Thanks in advance for participating!

Christine

If use of the word property means real estate then the answer is yes and no.

First a foreigner cannot own land. To get around this issue many foreigners set up Thai companies.  This looks great on the surface but it does involve risk.  First off a foreigner cannot own more than 49% of that company and the remaining 51% must be Thai owned. To maintain control of said company he must insure that when company is created his 49% of shares have 100% of the voting rights while the Thai 51% have no voting rights. One question you must ask is how much do you trust your Thai partners. This method also requires annual reports and filings with the government. Recently these companies are being looked at because it is felt foreigners are getting to much control over prime land at the expense of Thai's.

You can own a house in your name but not the land it sits own.  The land must be Thai owned.  Depending on the individual circumstances you have a few options.  The Thai company would be one route. You could also lease the land from a Thai person.  There are also usufructs and superficies you can use.

You can own a condo in your your name provided it does not exceed the 49% rule.  The rule states that no more than 49% of the square meters in condo building can be foreign owned. If unit exceeds the 49% rule then you would need to go the Thai company route.

Hi Straydog!

Thanks for your help ;)

Armand

J'ai fait construire une maison pour ma femme, le constructeur me propose de faire un contrat comme quoi je peux rester sur le terrain jusqu'a ma mort.
Je pensai qu'un contrat de location est preferable, qu'en pensez-vous ?

Try and use English because this site is English language.

A 30 year(max allowed by law) lease on the land with house in your name should be okay provided registered on back of chanote.

Another method is a usufruct stating till end of life and also registered on chanote.

Others may disagree but I prefer the usufruct because no taxes are due upon creation.  The lease I believe you must prepay taxes for the period of lease.

Thanks Straidog, I'll try.
Do you know if I can obtain a tabian ban with the route of usufruct ?

First let me say that I am no expert on the Tabien Baan books.

The Tabien Baan is just a house/condominium registration book of who lives at that residence.  It comes in two colors.

Blue book is for Thai Nationals and I believe any foreigner who has a residency permit.  The person named in the building permit is assumed to be the owner of the house.  If a foreigner his name still will not appear in blue book.  (I received a blue book when I purchased condo but my names does not appear in book.) Its only for Thai nationals that may reside at the residence.

Yellow is for foreigners but requirements may be different at each location.  The owner of condominium, someone married to a Thai or having a work permit may qualify you for a yellow book depending on office.

Neither color is an ownership document.  A house book is only a registration document of the house and its occupants.

No need as a foreigner to have Tabien Baan book except it gives you proof of current address.  You would no longer need letter from immigration or embassy to get drivers license or register car.

Can you obtain a yellow book based on usufruct or lease I do not know.