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ResourcesThailand Real Estate & Property LawTitleThai Land, Lease, Usufruct, and Building Permits?

Thai Land, Lease, Usufruct, and Building Permits?

Transcript of the above video: 

Not often do I make videos about like building houses, or houses for foreigners in Thailand because in a lot of different cases, unfortunately, there has been a lot of bad actors especially in the so-called whatever you want to call the grey, nebulous area of foreigners in the legal space. As I've discussed in other videos, law is a restricted occupation in Thailand so any foreigners that are operating in it just take whatever they are saying with a massive grain of salt, let's just put it that way. 

But that being said, I don't usually make videos about foreigners being able to buy a house, or set up a house, or build a house because in a lot, a lot of cases it's not going to be legal, or you're not going to have a fact pattern where a foreigner can do that under their circumstances; there are exceptions to that. As I've discussed in other videos, notwithstanding the restrictions of foreign ownership of land in Thailand, it may be possible to have a lease, for example a 30year lease here in Thailand, or what's called a Usufruct which is like a lifetime use of a given piece of property, what we would call in the Common Law vernacular a life estate. So, it is possible under certain circumstances for a foreigner to maybe have usage of land and then they decide to build a house. Building permits especially for foreign nationals, or foreign nationals that are involved with real estate, can be a bit tricky, again for a variety of different reasons, one of the main things being getting building permits and under whose name building permits will be granted, because in many different fact patterns involving a foreigner where you are looking at building a house, the foreigner may not be qualified to get building permits in their name, and the person who has the underlying property rights in the underlying property - the ownership - may not be willing to assist; again it's going to depend on the facts in a given case. But the thing to take away from this video and understand is one, foreigners, again you need to shy away from anything where they as I have said in other videos, 'yes' you to death about the possibility of a foreigner being able to effectively own land - you need to avoid that - but even where you are able to secure the property rights, building permits themselves are their own kettle of fish if you will in terms of various problems and issues that may arise when trying to get documentation in order to get a house built, and the actual title to the property will also - so again, there is Chanote title which a foreigner is not going to be able to have over land, but if the title is Chanote, you've got your lease in line, great. It may not be possible to get a lease if it's a lower quality title.

Again, due diligence is often a good idea with respect to anything involving a foreigner setting up a house, building a house, or in any other context where it involves land here in the Kingdom of Thailand.