1.1 Receiving
inheritance as a statutory heir under section 93 of the Land Code, in this
instance, the total area including the land which has already been acquired (or
has not yet been acquired) shall not exceed that specified in section 87 of the
Land Code, i.e. not more than 1 rai for a residential purpose;
1.2 Bringing
the money into the Kingdom for investment to the amount as prescribed in the
Ministerial Regulation, which shall be not less than Baht forty million.
In this instance, the land to be acquired must be for a residential purpose and
must be of not more than 1 rai in area, provided also that permission
must be obtained from the Minister. Under section 96 bis of the Land
Code, the application for such acquisition of land shall be in accordance with
rules, procedures and conditions prescribed in the Ministerial Regulation.
1.3 Applying
for acquisition of land under other laws such as the Promotion of Investment
Act, B.E. 2520 (1977), the Industrial Estate Authority of Thailand Act, B.E. 2522
(1979), the Petroleum Act, B.E. 2514 (1971). Detailed Information
regarding the Promotion of Investment Act and the Industrial Estate Authority
of Thailand Act can be obtained from the Board of Investment (BOI) at
tel. + 66-2537-8111 and from the Industrial Estate Authority
of Thailand at tel. +66-2253-0561 respectively.
2. Application by Aliens for Ownership in a Condominium Unit
An alien or a juristic person deemed by law as an alien may have ownership in a
condominium unit in Thailand when 2 following conditions are satisfied.
In the absence of either condition, the alien is not permitted to have
ownership in a condominium unit.
2.1 Being an alien or juristic person deemed by law to be an alien under
section 19 of the Condominium Act in any of the following prescribed categories
viz:
(1) Being an alien permitted to have a residence in the Kingdom under the
law on immigration, in this instance, the evidence required to be produced
shall be a passport indicating the nationality of the alien, and the
certificate of residence (either TM. 11, TM. 15 or TM. 17 Form, as the case may
be) issued by the Immigration Division, National Bureau of the Royal Thai
Police Force. In the case of an alien who possesses an alien
identification card issued by the Police Station in whose jurisdiction the
alien is domiciled, such card can be used as evidence for the purpose of
applying for acquisition of ownership in a condominium unit in this case
without production of a passport;
(2) Being
an alien granted permission to enter into the Kingdom under the law on
promotion of investment, in this instance, the evidence required to be produced
shall be a passport indicating the nationality of the alien, and a letter of
the Office of the Board of Investment certifying that the person is an alien
granted permission to stay in Thailand under the law on promotion of
investment;
(3) Being a juristic person deemed by law to be an alien under
section 97 and 98 of the Land Code and has been registered as a juristic
person under the laws of Thailand, in this instance, the evidence required to
be produced shall be the evidence indicating the registration as a juristic
person under the laws of Thailand, i.e. a certificate issued by the corporate
Registrar of Department of Commercial Registration, Ministry of Commerce must
be produced in the case of a limited company, a public limited company, a
limited partnership or a registered ordinary partnership;
(4) Being a juristic person that is an alien under the Alien
Business Operation Act B.E. 2542 (1999) and that is granted a certificate
of promotion of investment under the law on promotion of investment, in this
instance, the evidence required to be produced shall be a letter of the Office
of the Board of Investment certifying that the person is granted promotion of
investment under the law on promotion of investment;
(5) Being an alien or a
juristic person deemed by law to be an alien, who brings a foreign currency
into the Kingdom or withdraws the money from a non-resident Baht account or
from a foreign currency account, the following evidence must be produced;
2.2 The
ownership in condominium units by the alien and juristic person in 2.1 shall
not be in a higher proportion than forty nine percent of the total space of all
units in that condominium at the time of the application for condominium
registration under section 6 with the exceptions that:
a. A condominium in which the condominium units are to be owned by the alien
and/or the juristic person specified in 2.1 in a higher proportion than forty
nine percent must be located in the area of Bangkok Metropolis, municipality or
the City of Pattaya and the land on which the condominium is situated shall
not, when combined with the land provided for common use or benefit of all
co-owners, be more than five rai in area. Also, the condominium units in
such condominium shall not be less than forty units and the condominium shall
already be registered not less than one year prior to the date of application
for the alien to own the condominium units in the proportion higher than forty
nine percent, and such condominium shall not be situated in the area of
military safety zone under the law on military safety zone.
b. It is provided in section 9 of the Condominium Act (No. 3), B.E.2542
that at the expiration of five years as from the date of the entry into force
of the Condominium Act (No. 3), B.E. 2542 (28th April 1999) the provisions as
set forth in a. shall be repealed and the alien or juristic person having
obtained the condominium units under a. or the alien or juristic person
specified in 2.1 to whom the condominium units are transferred from the
aforesaid alien or juristic person may continue to have ownership in such
condominium units although in the higher proportion than forty nine percent of
the total space of all units in that condominium.
3. Application for ownership in land by
a Thai national who has an alien spouse or ex- spouse or by a Thai national who
is a minor child of an alien
3.1 In the case where a Thai national who has an alien legitimate spouse
applies for permission to purchase land or accept a transfer of land in a
similar case during marriage or cohabitation as husband and wife with an alien,
as the case may be, if after the inquiry the applicant and the alien spouse
have given a joint written confirmation that the money which that Thai national
will expend on the purchase of the land is wholly the separate property of that
Thai national and not the community property or the jointly acquired property,
the competent official will proceed with the registration of rights and
juristic act.
In the case where a Thai national whose spouse is an alien intends to purchase
land or condominium unit but fail to give a joint written confirmation to the
competent official as the alien spouse is being abroad, in this instance, an
alien spouse shall make the statement declaring in written at the Royal Thai
Embassy, Royal Thai Consulate or Notary Public that the money which that Thai
national will expend on the purchase of the land or condominium unit is wholly
the separate property of that Thai national and not the community property or
property which an alien spouse has co-ownership in it. The competent
official shall declare that the alien is an actual spouse of the Thai national
and then submit to the competent land official who will proceed with the
registration of rights and juristic act.
In the case where a Thai national whose spouse is an alien, after marriage, has
already purchased or possessed the land and informed or submitted a false document
declaring the married status of a Thai national as single or had not been married
to an alien to the official prior to the date the letter of Ministry of
Interior, most urgent no. MOI 0710/wor 792 dated 23 March 1999 was issued, or
has already purchased or possessed the condominium unit after marriage and
informed or submitted a false document declaring the married status of a Thai
national as single or had not been married to an alien prior to the date the
letter of the Department of Lands no. MOI 0710/wor 34167 dated 6 October
2000 was issued, such alien spouse, whether legitimate or illegitimate, and a
Thai national shall together give a joint written confirmation, which later to
be filed in the case-list (or dealing package), to the competent official that
the money which that Thai national will expend on the purchase of the land or
the condominium unit is wholly the separate property of that Thai national and
not the community property or jointly acquired property. If an alien
spouse is being abroad and not be able to come to give a joint written
confirmation to the competent official, in this instance, the application shall
be considered in accordance with the case that a spouse of a Thai national who
intends to purchase land or a condominium unit is being aboard, then an
applicant shall consign the statement, after completion, to the competent land
official for filing in the case-list.
3.2 In the case where a Thai national who has an alien spouse,
whether legitimate or illegitimate, applies for permission to accept a
gift of land during marriage or cohabitation as husband and wife. If the
inquiry reveals that the acceptance of the gift is made with the intention that
the land will become the separate property or personal property of the donee
without resulting in the alien having co-ownership in the land, the competent
official will proceed with the registration of rights and juristic act.
3.3 In the case where a Thai national with an alien ex-spouse who is
divorced or has ceased to cohabit or a Thai national who is a minor child of an
alien applies for entering into a juristic act for the purpose of acquiring
land, if an inquiry reveals no circumvention of law, the competent official
will proceed with the registration of rights and juristic act.
4.
Application for ownership in a condominium unit by a Thai national whose spouse
or ex-spouse is an alien or by a Thai national who is a minor child of an alien
4.1 In the case where a Thai national who has an alien spouse, whether
legitimate or illegitimate, applies for permission to purchase or accept a
transfer of ownership in a condominium unit with the intention that the
property will become the separate property or personal property of the former,
(for this purpose, it is deemed that a condominium unit is owned by a Thai
national) or in the case where a Thai national with an alien ex-spouse who is
divorced or has ceased to cohabit or where a Thai national who is a minor child
of an alien applies for the acquisition of ownership in a condominium
unit, the application shall be considered in accordance with 3.1 to 3.3 mutatis
mutandis.
4.2 In the case where a Thai national who has an alien spouse, whether
legitimate or illegitimate, expends money which forms the community property or
the jointly acquired property, as the case may be, for the purpose of
purchasing a condominium unit, whether the purchase is made in the name of that
Thai national alone or jointly in the name of the alien spouse as well,
consideration shall principally be made of the alien. In this instance, the
alien must be an alien within the meaning of section 19 (1), (2) or ( 5), as
the case may be. The Thai national spouse is therefore entitled to
purchase a condominium unit in accordance with the entitlement of the alien
spouse and it shall be deemed that such condominium unit is wholly owned by
that alien because the ownership in a condominium unit is indivisible and
governed by section 19 bis.
4.3 In the case where a Thai national who has an alien spouse, whether
legitimate or illegitimate, applies for permission to accept a gift of a
condominium unit, such gift being made with the intention that the property
will become the community property or such gift resulting in the alien having
co-ownership therein, the alien spouse of that Thai national must be an alien
within the meaning of section 19 (1) or (2) and it shall be deemed that the
condominium unit is wholly owned by the alien and governed by section 19 bis.
In contrast, a Thai national who has an alien spouse under section 19 (5) is
not allowed to accept a transfer of a gift which is made with the intention
that the property will become the community property because the case under
section 19 (5) is one involving the application by an alien for permission to
acquire ownership in a condominium unit in a manner of sale, in respect of
which payment there for must be made.
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