Thailand Condominium
Purchase
Our
lawyers specialize in supervising land and condominium purchases
and leases in Thailand.
Real
estate in Thailand is attractive for a variety of reasons. Owning
a vacation home on Samui is the dream of many. Others hope to either
spend their retirement in a leased condo on Phuket or make real
estate purchases as a short or long term investment. While there
are a variety of restrictions on foreign citizens leasing and owning
property and houses or condos in Thailand, there are an equal variety
of legal opportunities. Let our experienced staff guide you through
the intricacies of the process so you can focus your attention on
the finding the property, not dealing with red tape.
FAQ's:
1
) How is a condominium defined by Thai Law?
2 ) What types of condominiums are available for foreigners to purchase?
3) What are the requirements for a foreign individual or organization
to purchase a condominium in Thailand?
4 ) Are there are any restrictions to this ownership?
5 ) What is the most typical way for a foreigner to purchase a condominium
in Thailand?
6 ) Can ownership of a condominium be inherited by a foreigner?
7 ) Is a lawyer necessary to purchase a condominium in Thailand?
8 ) Are condominium long-term leases available?
1)
How is a Condominium defined by Thai law?
According
to the Condominium Act B.E. 2522 (A.D. 1979), a condominium is defined
as a building that can be have its separate portions sold to individuals
or groups for personal property ownership.
2)
What types of Condominiums are available for foreigners to purchase?
Certain
condominium buildings allow for foreigners to purchase condos in
free hold (fee simple). The condominium buildings are located in
specified metropolitan areas and may have limits on the amount of
units available for sale to foreigners.
3)
What are the requirements for a foreign individual or organization
to purchase a condominium in Thailand?
In
order to purchase a condominium certain requirements must be met,
for example: 1: A foreigner has permanent residence in Thailand
in accordance with Thai Immigration Law, or 2: A foreigner is allowed
into or resides in Thailand in accordance with Thai Investment Promotion
Law, or 3: A foreign legal entity is in accordance with the Announcement
of the Foreign Business Act BE 2542 (AD 1999), and has been granted
an Investment Promotion Certificate in accordance with the Investment
Promotion law, or 4: A foreigner or foreign legal entity has brought
foreign currency into Thailand, or brings in Baht currency from
the account of a person residing abroad, or uses foreign currency
from their deposit account. This requirement is normally met by
the presentation of a Dor Tor 3 form which is provided by the bank
receiving an incoming remittance from abroad.
4)
Are there any restrictions to this ownership?
In
many areas of Thailand a foreigner or foreign legal entity can acquire
up to, but not exceeding, 49% of the total floor area of the combined
condominium units. However, more that 49% of ownership may be allowable
in certain condominium buildings in Greater Bangkok and various
other municipalities and districts according to Ministerial Regulations.
5)
What is the most typical way for a foreigner to purchase a condominium
in Thailand?
Most
Foreigners purchase a condominium by showing evidence of an incoming
remittance of foreign currency into their bank account from abroad
as demonstrated by a valid Dor Tor 3 form from a Thai Bank.
6)
Can ownership of a condominium be inherited by a foreigner?
Property ownership of a condominium can be
inherited if the heir to ownership meets one of the original criteria
for foreign ownership. Otherwise the condominium must be sold within
one year of inheritance. Similarly, inheriting ownership of more
than 49% of total condominium floor area must conform to certain
regulations, namely that the condominium not occupy more than 5
rai, that it not exist outside of Greater Bangkok or other designated
municipalities, and that it has at least 40 units in a building
registered for at least one year.
7)
Is a lawyer necessary to purchase a condominium in Thailand?
A lawyer is recommended to review the documents
concerning the condominium and to supervise the transfer.
8)
Are condominium long-term leases available?
Yes. Condominiums may be leased to foreigners
for periods of up to 30 years and may have options to renew. Leases
of greater than 3 years are required to be registered with the Land
Department.
Related
Topics
Land
Purchase
Land Title
Deeds and Taxes
Land Leases
Company
Land Purchase
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