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Ownership, Measuring & Links referring to Thailand
There are two types of land tenure in Thailand; leasehold and freehold. Leasehold titles are granted by government agencies and institutions. Some private owners with freehold land offer leasehold titles to the private sector.
Thai law states that foreigners may not own land or property in Thailand in their own name, but they can own buildings.

To purchase land in Thailand, a foreigner has two options:
Land is purchased on 30 year leasehold with an option to extend that lease for further 30 year periods.

The property cannot be seized by the Lessor prior to the expiry of the lease.
A lease is registered at the Land Department, a fee calculated on a percentage of the rent for its entire term is payable.
The lease will remain in force even if the property is resold.

Leases for a term of more than three years of the life of the lessor or lessee are enforceable only for three years unless registered with the relevant Land Department Office. The duration of lease may not in any event exceed 30 years. Each extension of a lease may not exceed 30 years.

A foreigner may purchase the freehold of land by the formation of a company (Thai Limited company). This is probably a more attractive way by which foreigners may be able to purchase land in Thailand.

The land will be owned by the company and not the individual.
Thai law requires that the company has a 51% Thai ownership.
To give greater protection to foreign shareholders the Thai Law permits the foreigner sole directorship.

Ownership of Condominiums

Foreign nationals are allowed to purchase condominiums in Thailand, provided that they do not own more than 49% of the total units in one building. After a subsequent sale of the condo, the fund can be transferred to an overseas account without restrictions. In the event of death, a legal transfer of property to non-Thai persons is allowed.

Tor Tor Saam

This is the document you must obtain from your bank when remitting foreign currency to Thailand for the purpose of purchasing a condominium. A declaration is obligatory that the funds are solely for the purchase of a condominium. If you do not find the answer to your specific query on this page or through our links page, please feel free to contact us

Title Deeds in Thailand

Ownership of land, possession and use are governed by the land Code BE 2497 (1954), the Land Reform for Agricultural Act BE 2518 (1975), the Civic and Commercial Code and by regulations issued by the Ministry of the Interior. Land may be acquired by sales, hire-purchase, gift, inheritance or adverse possession. A sale of land must be made by a written document and must be registered by the Land Department Office to be effective.

There are broadly 4 types of Land Title in Thailand, they being Title Deeds (Chanote), Confirmed Certificate of Use (Nor Sor Saam Kor), Certificate of Use (Ngor Sor Saam) and Certificate of Possession (Sor Kor Nung) are common evidence of land ownership, possessory rights and other interests in land. The Chanote and the Nor Sor Sam Kor are the only titles over which registerable right of ownership or lease can exist, and are as such the only ones that a prudent foreigner should consider.

Ownership of land is proven by production of a deed of ownership. It is imperative when purchasing land/property in Thailand that the deed is examined by a competent lawyer. Paradise Development and Real Estate Co., Ltd. has access to property consultants and lawyers who would deal with these matters on your behalf. An explaination of each follows.
Chanote (Title Deed)
Freehold title with the owner able to leave the land unattended, registered at the Land Department in the province in which the land is located. No wating time for transfer, as Chanote titles are accurately surveyed, plotted in relation to a national survey and marked by numbered marker posts set in the ground.
Nor Sor Sam Kor (Confirmed Certificate of Use)
The person named on the certificate has the confirmed right to use the land, implying all requirements for the issuance of title deed have been met and the title deed is pending. They may be sold, leased, used as mortgage collateral etc. The holder cannot leave the land unattended for more than 12 years.
Nor Sor Sam (Certificate of Use)
Similar to the above Confirmed Certificate of Use except that not all of the formalities to certify the right to use have been performed. Before a transfer can be made, a notice of intent must be posted and then 30 days public notice is necessary before any change of status over the land can be registered.
Sor Kor Nung (Certificate of Possession)
This recognises that a person is in possession of land but the Certificate does not imply that there are any rights associated which the possession. It is not transferable, but a person in possession may transfer physical possession and the new possessor may apply for a new Certificate of Possession.
Measurements Conversion
Thailand's units of measurement.
Land in Thailand is measured in rai, ngan and wah, and land prices are usually expressed in baht per rai or baht per wah for smaller plots. Metric measurements are used in construction of buildings.

Conversion tables:
Many westerners use inches, feet and yards, and many use the metric system of metres and hectares. The tables below should help you convert measurements to the ones you are most familiar with.

Talang wah = 4 square metres = 42,7 square feet
100 Talang wah = 1 Ngan = 400 square metres = 4,277 square feet
400 Talang wah = 4 Ngan = 1 Rai = 1600 square metres = 17,108 square feet
1000 Talang wah = 10 Ngan = 2.5 Rai = 4000 square metres = 42,772 square feet
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Interesting Articles
Wall Street Journal
March 4, 2008

“Now is the time to buy in Thailand”

"It is best to buy real assets in Thailand at this point and that means banks and property"
please check out;
http://hicomrade.wordpress.com/2008/03/04/thailand-port-in-the-storm/

Reasons for this in summary;
• The new government has implemented 3 rapid economic stimulus packages, coupled with reductions in   property-related taxes to drive the economy through the real estate sector and elimination of 30% capital   reserve requirements.
• Thai Baht is temporarily weakening against the Euro, in anticipation of strong currency appreciation towards the end of 2008 and 2009, giving a higher capital appreciation opportunity.
• Thailand is poised for major price appreciation in the real estate market similar to the recent exponential  rises in the region such as Hong Kong and Singapore markets.
• The major international hotel operators have been quietly entering Chiang Mai such as Mandarin Oriental Dhara Devi, Holiday Inn, Shangri-La, Sofitel Riverside, Le Meridien, Chedi, and others, in addition to Four Seasons Hotel and DusitD2 who have already operated.

Thailand Real Estate Magazine
Issue 78 November 2007
By: Staff Reporters
REM Logo

The immediate prospects for the Thai property market

PLUS FACTORS

1. Property Market Price Potential
Despite recent setbacks, namely political changes, property ownership uncertainty and the strong Thai Baht, the Thai property market remains one where substantial medium-term profits can be made, as property is still much cheaper in Thailand than elsewhere and investors can afford more for their money than in many global locations. For example, it's currently possible to buy a quality Thai home for approximately 40% of the cost of an equivalent property in the south of Spain.
The Thai property market has experienced a considerable boom over the last few years and many property investors have achieved significant returns on their real estate purchases. House prices have doubled in Thailand over the last two years and are expected to double again, over the next two to three years, according to some market analysts. Currently, property is experiencing a growth rate of approximately 10-15% annually. Development opportunities are virtually unlimited and market analysts predict continued expansion and sustainable growth for the foreseeable future. Investors are now purchasing real estate for exclusively investment purposes, while enjoying the benefit of monthly income by renting their properties, on both a short and long term basis. This especially as many European property speculators consider the more established foreign property markets are now overvalued and that their investment returns are gradually diminishing. Consequently, they are seeking alternative markets and Thailand is now seen as being at the forefront of the new global Investment property marketplace.

2. Significant Economic Growth Potential
Thailand is considered to be the largest growth area in Asia - a true emerging market. The country has recently attracted significant foreign investment and has become one of the Asian economic leaders. Real estate experts predict that Thailand will continue to be amongst the leaders in investment growth areas and Thai property is certain to become more popular among investors as the government continues to invest heavily in the tourist infrastructure and economy. This especially in terms of the rental market, which stands to benefit most from the growth in tourism.
According to the Bank of Thailand, there will be no significant knock-on effect from the downturn in the US economy. Earlier in September, Suchada Kirakul, the bank's assistant governor, said the property market had not "over-expanded", so it was "certain" the problems faced by the US housing market would not occur in Thailand. He predicted that conditions within the US housing market were unlikely to have a negative impact upon the Thai economy.

3. Global Accessibility
With the completion of Suvarnabhumi Airport and the increasing availability of new, more comfortable and more affordable long haul flights, Thailand is now within easy and affordable access to most other destinations and is currently the most popular of all Asian tourist destinations. Thailand is now also one of the cheapest locations to fly to in Asia and increasingly investors are broadening their horizons in search of genuine investment opportunities.

4. Regional Hub
Many companies choose Thailand as a regional base from which to keep their employees working all around Asia and Bangkok is fast becoming recognised as Asia's communication and transportation hub. With the consolidation of the road network facilities, especially the Chonburi by-pass, Pattaya will become increasingly popular as a dormitory town, not only for the Eastern Seaboard, but also for Bangkok as the travelling time is reduced to 1½ hours.

5. Foreign Investment
The country has strong business links with China and Japan in particular, both economic giants in the region. This can only be good for the economy. The steady growth of new industrial estates is continuing to attract foreign companies. The huge Amata Estate, just outside Chonburi, for instance, is almost exclusively occupied by Japanese companies, bringing welcome financial benefits and creating a demand for housing, especially in the rental market.

6. Growing Infrastructure
Over the past ten years, Thailand has witnessed a phenomenal growth in its transport and residential infrastructure with the construction of new motorways and highways, raised roads, flyovers, the Skytrain and underground systems in Bangkok and soon the fast monorail link to Suvarnabhumi Airport. Likewise, many towns and cities have witnessed the continued growth of shopping malls, increasingly more foreigner-friendly and more and more housing estates with their attendant infrastructure. Additionally, there are numerous world-class recreational facilities, including golf and massage. All of which makes Thailand more attractive as a retirement and residential location for the foreign investor.

7. Health and education
Thailand now has excellent international schools, especially with the influx of British public schools like Harrow and Dulwich College. With modern, well equipped hospitals and an efficient health care system and an expanding medico-tourist business, it is increasingly seen as a friendly country in which to live or visit, for the whole family.

8. Retirement
For the many thousands of expats who have worked in Asia for many years, Thailand is an extremely attractive retirement destination; one in which the cultural and living environment will feel familiar. Retirement visas are available for foreigners over 50 years of age and unlike in the West, a plethora of attractive ladies and young men who appreciate the significance of age and are willing and eager to take care of Western retirees to Thailand, rather than allowing them to languish back home. All of which creates a substantial demand for property.

9. Attractiveness of Environment and People
The often exquisitely beautiful Thai coastline is extensive, but for the most part undeveloped. Indeed, the relatively undiscovered nature of Thailand means that rental potential is phenomenal, due to substantial government spending attracting an increasing number of tourists. Thailand offers beautiful mountains, dense forests and jungles and stunning beaches and islands, a tropical climate and cities rich with culture and romance, which draw visitors and potential investors back year after year. The geniality of the Thai populace is a major factor in the popularity stakes of the country that cannot be underestimated.

10. Financial benefits
No capital gains tax for private investors and low ongoing taxes are a further source of attraction for the foreign investor.

Drawbacks

1. Political Instability
Khun Sopon Pornchokchai, President of The Property Consultant Agency for Real Estate Affairs (AREA) acknowledged that many property developers had delayed launching new projects during the first eight months of the year, being wary of the market situation and consumer lack of confidence. However, Marsha Lu, Head of the Legal, Diligence and Compliance Department at Property Frontiers, considers that the risk to investment is "not large". New housing launches are predicted to pick up in the last quarter of the year as political concerns decrease ahead of the December 23 elections; while conditions for domestic factors are expected to improve if political issues are resolved over the medium term.

2. Property Ownership
Currently, to invest in freehold property, foreign buyers currently have to go through a company scheme, which can cause concerns over how secure an investment is likely to be. However, again Marsha Lu considers that "No market is a bad market … It's just what the expectations of investors are". Certain pundits forecast favourable changes in the property ownership laws following the election.

3. The Strong Baht
The strength of the Thai Baht has not only become a major concern for exporters, but it has also had implications for Thailand's real estate sectors, especially in terms of American investors, due to a weak dollar. However, sterling and Euro investors have not been nearly so badly affected, as the exchange rate has remained stable.
Mrs. Suphin Mechuchep, Managing Director of Jones Lang LaSalle Thailand, said "If overseas investors decide to acquire real estate assets in Thailand now, they may have to pay approximately 8% more, compared to the beginning of the year, due the Baht appreciation. Whilst certain economists encourage the government to reduce interest rates further in an effort to curb the baht strength, low interest rates would help property developers burdened with borrowings. They would also benefit the residential sectors as mortgages for home purchases will be less costly for buyers."

Conclusions
Much rides on the policies adopted by the new government in terms of improving the prospects of the Thai property market. The leader of the Thai Democratic Party has urged the facilitation of foreign ownership and the easing of current stringencies of foreign business policy. Even if only in opposition, his voice is certain to have an effect. The current governmental policies have resulted in vast losses in revenue, especially as regards investment in the property market. One trusts that informed opinion will prevail and the next government will adopt a more enlightened policy and the Thai Real Estate Market will begin to realize its true market potential as one of the strongest in Asia.

Copyright © 2007 Thailand Real Estate and Property Guide and Thailand Real Estate Magazine