Acquisition of real estate in different countries hasa number of features. In Thailand, foreign nationals may purchase apartments in condominiums, but buying a house is a slightly more complicated process. A foreigner, as a private individual, cannot legally own land in Thailand (on which the house stands). The exceptions are foreign investors who have invested 40 million baht in the economy of Thailand. For them the opportunity to buy a piece of land. And that is not very big. However, not everything is so difficult and not only a dollar millionaire can afford to buy a house in Thailand.
The content of the article
- 1 Where to start, choice at home
- 2 Types of houses
- 3 The procedure of registration of the transaction, contract, formalities
- 4 Variants of home decoration for foreigners
- 5 Sequence of formal purchase procedures
Where to start, choice at home
It may seem that choose the right house for youvery simple. After all, you know what you need. In fact, this process is rather dreary and long. To begin with, at least, you need to decide on the region. It is better to travel in advance to all the places of interest as a tourist, approximately to estimate their infrastructure and atmosphere. Purchase a house remotely, based on the description on the Internet or real estate agency, of course, also possible. But the risk of unsuccessful purchase and the price in this case will be much higher. Choose, for example, a house on the seashore, as on the cover, and in fact there will be some waste landfill with landfills or a parking of fishing boats.
How to find interesting offers of houses? There are many options. You can start by searching on the Internet. Both in Russia and in Thailand, there are many real estate agencies offering their services on the site. You can also watch ads for the sale of houses from individuals in the social. networks or local newspapers. And you can even “kick” - go around areas that interest you, watch ads for sale on houses, ask local residents. True, this is a very energy-intensive way.
If you are already in Thailand and well orientedon the ground, you know the districts and main streets, and you have chosen a few objects of interest to you, but it’s rather tedious to drive on their own to see them. It is necessary either to have your own car, or to take a taxi every time, to negotiate independently with the property owners, whether they are foreigners or Thais. To easily perform these tasks, you need to do all of these for more than one day.
Therefore, the easiest way to proceed with the inspectionhomes - contact your local real estate agency. In Thailand there are a lot of agencies focused on the Russian buyer, with Russian-speaking employees. Usually, agents take clients for scans for free, negotiate with the hosts themselves and translate questions arising during the review. Many objects in one day, however, will still not be possible to watch, as the Thais are slow, and objects can be at a great distance from each other. But nevertheless it is much simpler to organize views with the agent, than independently.
That is, you can first ride with an agent,then by yourself. You can contact several agents, they can work in different areas. You can find a foreign agent through the Internet. You can contact the office. As a rule, decent agencies have offices and Internet sites. When choosing an agent, it is necessary to take into account that a Russian-speaking employee is good, but Thais are easier to communicate with each other, and foreigners (most often Europeans) are on average more responsible and punctual than Asians. Therefore, if you can communicate in English, it makes sense to contact a Thai manager who works for a European boss.
Types of houses
Among real estate agents there are specializing in the "secondary housing", on sale from the developer or those who work with one village.
The house can be either in the village or separatelystanding. Better, of course, choose a village. There is always a local administration that will assist in solving everyday issues. Even better - a protected village with a closed territory and infrastructure. This is usually a pool, gym, playground, meeting room for owners. In good villages for foreigners, the list of infrastructure and common areas is even more. There are so many Russians in Thailand that in some regions, for example, in Pattaya and Hua Hin, there are so-called “Russian villages” - where homes are mainly acquired by Russian families. There are also villages and places where more foreigners or Thais live.
House in Thailand, you can buy, as in the stageZero-cycle construction, and has long been built and lived-in, in farang or Thai. Buying a new home is largely a convention. You buy a plot to which the developer offers a typical project, usually even a few, in different price categories. At the same time, during the construction process, the project can be strongly changed to your liking, both the interior decoration and the architecture of the building as a whole. You can also buy a ready-made new home from the developer or "secondary housing" - from the owner. For the price, all these options do not differ fundamentally. If you want to make the house completely "for yourself", then the best option is to buy a plot. However, you have to wait for the construction of the house and monitor the quality of the work. If you are satisfied with a ready-made standard version - fine, you can buy and immediately start choosing furniture. Buying a house from the owner, i.e. Secondary housing is good because the owner has already eliminated many of the housing shortcomings, and upgraded some of them in comparison with the original version. The downside is that people still have different tastes and it’s hard to find something really suitable for you.
The procedure of registration of the transaction, contract, formalities
When you already have in mind completelyarranging a property in all respects, you need a lawyer. This is perhaps the main thing. Russian or foreigner can not be a Thai lawyer. This is, at best, a translator or intermediary. Lawyer - only Thai. He will handle all your business, so he must be a good professional. And speak good English.
From documents by and large to committransactions from you only need a passport. But still there are a number of nuances. For example, in order to make a payment, you need first of all a bank account, which is usually opened to foreigners either with a corresponding visa (tourist, study, business) or “for a deal” - when there is already a preliminary contract for the purchase of real estate.
First of all with the lawyer subscribespreliminary agreement. In accordance with the owner made a deposit (cash). This is usually a small amount, about 1% of the transaction value. Based on this preliminary contract, you can open an account in a Thai bank, if you do not already have one. In the preliminary contract, it is specified how long the principal amount should be paid.
Documents required for a bank account:
- help from immigration office
- certificate of residence in Thailand (where the buyer lives at the moment)
- preliminary contract for the purchase of real estate
- international passport
With non-tourist (NON-B, NON-O, NON-E) visait is relatively easy to open a bank account. You can also open an account with a tourist visa or a stamp, but not in all banks and not in all branches of the same bank. As is often the case in Thailand, it all depends on the decisions of specific people. If your agent agrees with the manager at the bank and shows a preliminary contract for the purchase of real estate, the account is likely to open.
Variants of home decoration for foreigners
The most important nuance when buying a house in Thailandlies in the way a foreigner can own the land on which the house stands. There are essentially two options: long-term lease or registration for a legal entity. There is another, rather exotic option - usuzfrucht. This is a lifetime lease, without the right to transfer by inheritance. True, this method is unlikely to attract many people.
Long term lease or leasehold is issuedfor a period of 30 years, with the right of its double extension. Theoretically, the lease term can be a maximum of 90 years. There is information that some expensive residential properties can be rented for 120 years, and for business - for 150 years. But this is all just a theory. Almost the maximum possible lease term at the moment is 30 years. Sometimes real estate agencies offer a contract with an automatic renewal of the lease, but such options are not legally compatible. Even if the contract stipulates that the owner is obliged to extend the lease, it does not have the enforcement in court. If after 30 years the owner refuses to renew the lease, the court will be on his side. It should be noted that after 30 years, the owner may already be different, because the land will be inherited, etc. In addition, the land law in Thailand is less than 30 years old, so there have not been any precedents for the extension.
In case you want to take landin a long-term lease, you should contact a lawyer, passing him the necessary documents for registration. The lawyer goes to the Land Office, where the property certificate (Chanote) makes a note that the property is leased. The certificate of ownership in this case remains with the previous owner. From the point of view of the land owner, it can be called the ownership of the property with the burden.
The most common way to design infull ownership (freehold) of land in Thailand is the establishment of the company (company) and the purchase of a house in its property. Thus, the owner is not a natural person, but a law firm. This is a legal way. True, provided that the company conducts business, and is not a nominal holder. The nuance is that a foreigner cannot fully register a firm, must be Thai shareholders. Registration can be made through preferred shares. For example, Thais own 70% of ordinary eligible voters, a foreigner - 30% but privileged, who for example have 5 votes per share.
Sequence of formal purchase procedures
All documents related to the design of the companyis being prepared by your Thai lawyer. Shareholders of the newly created company are only Thais. Then the company acquires real estate. That is, the certificate of ownership (chanot) from the previous owner passes to the company. Further in the company shareholders change. Now the proportion of Thais should be large enough so that it does not look quite nominally. Farang has the right to block Thais not to sell this property on their own. If you purchase a house under construction, payment to the developer comes in several stages, but the transaction will be registered with the Land Department only after the full amount has been paid.
After the buyer provides a lawyercheck from the bank in the amount prescribed in the main contract, the lawyer with the documents goes to the Land Department (Land Office) to start the procedure of real estate renewal from one owner to another. Renewal takes from one day to two weeks. During this time, in fact, the buyer has neither money nor a certificate of ownership. The key to a successful transaction is the reputation of a Thai lawyer. If a house purchased earlier by a company is bought by a foreigner, it is not required to register the transaction with the Land Committee, the director and shareholders of the company change.
Finalizes the purchase procedure receipt from the lawyerThai certificate of ownership - Chanote and house keys. The certificate of ownership for Thai citizens and foreigners looks the same; information about all previous owners of the property is written on the back of the certificate.
P.S. With the purchase of an apartment, everything is somewhat simpler, because there is no land issue, but you need to remember the quotas for the number of apartments that may belong to foreigners in a condominium. And I, probably, would buy an apartment, it seems to me that such real estate will be more liquid.
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