FOREIGN LAND OWNERSHIP

Ask here about the pleasures and pitfalls of buying, selling or renting property and real estate in Hua Hin. Building, design and construction topics welcome. Commercial or promotional posts for real estate companies or private properties are forbidden.
Norseman
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Post by Norseman »

Super Joe wrote: no land ownership, but we knew that all along.
Permanent residency does give us lots of benefits.

SJ
Indeed SJ, I guess that's why we live here.
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Super Joe
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Post by Super Joe »

Heretostay, this is what ASEAN say, it seems a bit of an overview description:
Acquisition of Land and Building (for business and residential purposes)

MALAYSIA: Foreigners are allowed to acquire land and buildings for business and residential purposes

PHILIPPINES: In principle, only Filipinos and/or companies with domestic equity ratio of 60% and over can own public land

SINGAPORE: In principle, foreign companies use land in the form of lease from the government. The lease term, initially 30 years can be extended to 60. Lease rates vary with respect to the locations. It is possible to buy factory buildings

THAILAND: Under the Land Code, non-Thai individuals and companies are generally not allowed to own land. However, foreign companies promoted by the Board of Investment are entitled to land ownership. Moreover, the Land Code provides for non-Thai individuals or companies to own land by the virtue of treaty provisions or by ministerial permission. The Condominium Act allows foreign individuals and companies to own condominium units provided that the total condominium units owned by foreign entities do not exceed 40% (49%?) of the total floor area of each condominium.

VIETNAM: Foreign individuals and enterprises are not entitled to land ownership. However, enterprises with foreign-owned capital are allowed to lease land to implement their investment projects. Foreigners also are allowed to rent house for residential purpose. The land lease duration depends on duration of a project and shall not exceed 50 years. However, pursuant to regulations made by the Standing Committee of the National Assembly, the Government may, on a project by project basis, grant a longer duration but the maximum duration shall not exceed seventy (70) years
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Post by lomuamart »

I must admit that I'm not really up to speed on Permanent Residency (PR), but I've only ever met one farang who had it. There will be others.
The link below seems to contradict my understanding of how to get it and the benefits it bestows. I had only heard about it for investment purposes whereby the proud owner of the PR book can own one rai of land in his/her name, but only by tying up 10 million Baht in government securities for three years. And they must have being paying tax through working here for three consequtive years and there are only a handful of acceptances per nationality every year (maybe 100).
That dosn't seem a good deal to me, but I appreciate that there could well be more to it. I'll never be eligible because I don't work here and pay tax.
Maybe others can comment better on this link:
http://www.thaiembdc.org/consular/con_i ... st_pm.html
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Super Joe
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Post by Super Joe »

Hi Lomu,
The 3 un-broken years of long stay extensions do not have to have been working or paying tax.

This is what it is supposed to give you:
Live permanently in Thailand
No need for any visas, extension of stay, re-entry permits etc
Therefore no need for any show money in the bank
No need to queue at immigration with Aliens (big deal)
A document equivalent of the Thai ID card
Can have name in Tabien Bahn (Blue Book)
Buy condo without being required to transfer money from abroad
Apply for naturalization
Have Thai nationality for children born in Thailand (for Farang couples I guess?)
Apply for an extension of stay or permanent residence for non-Thai family members
Makes obtaining WP's easier (so it says, don't know how exactly?), but still need a WP.
NO land ownership (don't know about that 10M thing), but step closer as lets you apply for naturalization (bit wishy-washy)

This website people might find useful too:
http://www.legalthailand.com/services/v ... dency.html

SJ
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Post by lomuamart »

Thinking about it SJ, I reckon your point about the 10 million baht is probably correct.
There used to be an "investor visa" that needed that money and I'm sure you could own 1 rai of land for that. I seem to recall that it was revoked in 2006 when the latest raft of visa legislation went through. People who already had it were probably not affected.
Again, interesting that working/paying tax for 3 years isn't necessary. If I get my extension this year, I'll only have to wait until I'm 53 to be able to apply for PR :idea:
BTW, the marriage/family income extension I've explored before. It didn't work for me (or more correctly Imm here directed me towards retirement) and I didn't want to rock their boat.
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Post by Jockey »

Interesting posts - I find myself agreeing with both Super Joe and Buksida. While the land laws are designed to protect Thai interest, and rightly so as Joe points out, allowing long term foreign residents the right to buy up to 1 rai would be a fair law, although since foreigners can not vote, I can't see why politicians would find the motivation to implement it.

As for buying land in Cambodia - OK if you want to buy into hotly disputed land title deeds and get your leg blown off with a land mine.
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Super Joe
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Post by Super Joe »

allowing long term foreign residents the right to buy up to 1 rai would be a fair law
Yeah I agree with Buksi and you Jockey on that one, it wouldn't hurt would it and I'd love to see it. But at end of the day it's up to them I guess.

SJ
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buksida
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Post by buksida »

If we all want to carry on being treated like criminals simply for deciding on a different country to live in from the one we were born in then Prathet Thai it is because they are never going to stop treating us like idiot tourists until their government recognises the rest of the planet and their own history.

But yes, for the smart arses amongst us we can feck off and find another country, but our children cant ...
Who is the happier man, he who has braved the storm of life and lived or he who has stayed securely on shore and merely existed? - Hunter S Thompson
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Super Joe
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Post by Super Joe »

If we all want to carry on being treated like criminals
Is this a wind-up Buksi ? You sound very bitter about something mate.

My luk-krueng got a British passport in 2 days, he can go where he likes :wink:

SJ
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buksida
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Post by buksida »

It was the first thing we did for our first born too - the Thai passport is currently being used to prop up the wonky fan in the spare room.

:mrgreen:
Who is the happier man, he who has braved the storm of life and lived or he who has stayed securely on shore and merely existed? - Hunter S Thompson
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Super Joe
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Post by Super Joe »

You need to de-stress young man, come up to Bangkok with me, crazy88 and Honululu Jimmy next weekend, we'll get you decompressed :wink:

When Spice Club shuts at 4am we're setting up shop in the middle of Sukhumvit Road and drilling for oil.
Last edited by Super Joe on Sun Jun 29, 2008 1:54 am, edited 1 time in total.
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buksida
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Post by buksida »

I'm sure Honolulu Jimmy is the solvent of all stress!
Who is the happier man, he who has braved the storm of life and lived or he who has stayed securely on shore and merely existed? - Hunter S Thompson
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Post by Ray123 »

If a Thai lays claim to some land that the owner isn't around or doesn't appear for 10 years that land ownership is transferred to them. Thats interesting.

I trust nothing to do with land in thailand only to enjoy and like a lot of posters said only to invest in thailand what one can afford to lose.

As for foreign ownership laws. to a thai that is like that wanking gesture.
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Super Joe
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Post by Super Joe »

If a Thai lays claim to some land that the owner isn't around or doesn't appear for 10 years that land ownership is transferred to them. Thats interesting.
It's a bit more involved than that. The Thai can only lay claim to Chanote land if they have been squatting on it for a full 10 years. If the land owner sees them and notifies them to get off, or the owner uses the land at all during the squatters 10 year period (even simply putting a fence up or signs up is 'using'), then squatter has no right to claim.
I think it's 12 years in the UK.


SJ
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Post by VincentD »

Super Joe wrote:Hi Lomu,
The 3 un-broken years of long stay extensions do not have to have been working or paying tax.
Not true. You need to be paying taxes for that period of time. It can be the minimum required by law, but you must be able to show those tax receipts.
This will only qualify you to apply for PR.
Super Joe wrote: This is what it is supposed to give you:
Live permanently in Thailand I guess so, they haven't tried to kick me out yet. However, see next comment..
No need for any visas, extension of stay, re-entry permits etc Not true. You need re-entry permits in the passport, and an up-to-date PR book if you want to travel outside the country. If it expires and you travel, you will have to go through the application process from the start.
Therefore no need for any show money in the bank They never asked again...
No need to queue at immigration with Aliens (big deal) <- Yeah, that..
A document equivalent of the Thai ID card It's called 'Alien Registration Book' issued by the local police station. If you travel outside of Thailand you need to produce the PR book and this book in addition to your passport.. Both books need to be up-to-date for outside travel
Can have name in Tabien Bahn (Blue Book) Yes
Buy condo without being required to transfer money from abroad Don't know, never tried
Apply for naturalization Don't know, never tried
Have Thai nationality for children born in Thailand (for Farang couples I guess?) Don't know, both kids are Thai (Mum is Thai), and I have no intention of leaving anyway
Apply for an extension of stay or permanent residence for non-Thai family members Don't know
Makes obtaining WP's easier (so it says, don't know how exactly?), but still need a WP. Perhaps, as there is one-tenth the amount of paperwork needed.. and no 90 day reporting
NO land ownership (don't know about that 10M thing), but step closer as lets you apply for naturalization (bit wishy-washy) Don't know, the house is in my wife's name. Used to be, even the wife was not allowed to own land if she was married to farang...
:roll:
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