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APPLICATION FOR ACQUISITION OF LAND OR CONDOMINIUM UNITS
BY
ALIENS AND PERSONS CONNECTED WITH ALIENS
1. Application by Aliens for Acquisition
of Land
Nowadays, an alien may apply for acquisition of land
in Thailand in three cases as follows:
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;
(5.1) The
evidence for proof of the bringing of a foreign currency
into the Kingdom for sale in order to obtain money
in Baht currency to pay for a condominium unit is
implemented in 2 manners :
(5.1.1) in the case of an alien selling
foreign currency in an amount exceeding US$ 10,000
or its market-rate equivalent, if an alien himself
brings the money for sale, the Form F.T.3 (B) provided
by an authorised bank to an alien shall be produced
for reporting on sale of foreign currency.
If an alien sells foreign currency through
transferring of that foreign currency to a transferee
who has residence in Thailand to do the sale, the
Form F.T. (A) provided by an authorised bank to the
person residing in Thailand shall be produced for
reporting on sale of foreign currency. In both forms, it shall be written
“remit from abroad” as regard the remitter;
(5.1.2)
in the case of an alien selling foreign currency in
an amount not exceeding US$ 10,000
or its market-rate equivalent ,or the sale of foreign
currency to an authorised agent or person, a financial
instrument of sale of foreign currency to be produced
is a credit advice issued by an authorised bank or
agent or person to the alien bringing foreign currency
for sale;
(5.2)
In the case of evidence for proof of the withdrawal
of money from a non-resident Baht account, either
from an alien’s account or a foreign financial
institute’s account, a letter provided by
a commercial bank certifying that the withdrawal from
such account is for the purpose of purchasing a condominium
unit shall be produced;
(5.3)
In the case of evidence for proof of the withdrawal
of money from a foreign currency account:
(5.3.1) in the case of the withdrawal
of money from a foreign currency account for sale
to a commercial bank in order to obtain money in Baht
currency in an amount exceeding US$ 10,000 or its
market-rate equivalent, a copy of Form F.T.(B) provided
by a commercial bank to the seller of foreign currency
shall be produced along with the application for sale
of that foreign currency;
(5.3.2) in the case of the withdrawal of money
from a foreign currency account for sale to a commercial
bank in order to obtain money in Baht currency in
an amount not exceeding US$ 10,000 or its market-rate
equivalent, a financial instrument issued by a commercial
bank to its customer or a commercial bank’s letter certifying of its purchase
of that foreign currency shall be produced;
In addition,
the evidence as specified in 5.1, 5.2 or 5.3 or the
combination thereof shall represent the amount of
money that is not less than the price of the condominium
unit intended to purchase.
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 therefor must be made.
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