Building Permit for a private house

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How long is the building permit valid?

Postby tung » Mon Apr 07, 2008 2:40 pm

One you obtain a building permit based on a set of plans then:

How long is the permit valid?

Can you make odd changes through the building process without having to report them?
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Postby dozer » Mon Apr 07, 2008 8:17 pm

How long is the permit valid?

Can you make odd changes through the building process without having to report them?



The issued building permit package has an expiration date which is normally about a year. The regulations vary from one jurisdiction to another.

You have quite a broad latitude regarding changes. The thing they are looking at is the footprint of the project in general. If say for example your plan showed 2 meters clearance on all sides and you built right up next to the neighbors wall (which is technically a violation of the building laws), the inspector would require some convincing, but it could be negotiated. If on the other hand you had a permit for a single story house and built a two story this would then probably be a situation where you would have to pull another permit.
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Re: Building Permit for a private house

Postby Sunpax » Sun Dec 19, 2010 9:42 pm

idcpeter wrote:I went to the OrBorTor and want to applying a building permit for my private house on an 2 1/2 Rai plot. The officer told me that I can't apply for it, because I'm foreigner and a Thai person have to apply for it. I have a right of superficiesuperficies on this land for 30 year and this is registered at the chanote from the land office. The superficies say: I have the "right to own, upon or under the land, buildings, structures and plantations".

Is this correct that a foreigner can't apply? If it's so, how can I proof the ownership of the house, if I want to sell it later on?

Who will be at the Tambien Ban registered?

Hope to get answer soon.

Thanks,

Peter


Please can I ask you how you have obtain your building permit ? i am in the same case ( or bo tor say only Thai name )
thanck you.....
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Re: Building Permit for a private house

Postby Heike » Thu Dec 30, 2010 9:47 am

Hi, I have this problem since about 2 years. First I make the house-drawing by an architect in the "or bo tor". I got from him the house-drawings (book)in my name. I had some forms for filling out the application for planning permission with the signatures of land- owners. Then I was looking for a house builder. Before building starts, I asked for the building permit. The officials of the "orbo tor" said “no problem" next week. So it was week after week the same excuse. Should continue to about 5 months. They said “start to build, everything would be no problem” . “I would get my building permit on my name”.
My lawyer said it would not be unusual that no written building permit would be granted for one-story houses. Only verbal approval
After completion of the house I asked again in the or bo tor. I want to have the inspection and confirmation of my house.
I wanted a house number and the Blue House book. Then came the boss of the "or bo tor" and told me that a foreigner can not get a building permit on his name. But I could come with some Thai and he would issue the permit on its behalf. The owner of the house would then be Thai.
I would not.
The boss also said i have no name in Thailand. If I had a own Tabian Baan it would be no problem.Then i brought him my yellow Tabian Baan. From it he just laughed and said no permit for foreigners.
My lawyer has offered him tea money. Did not help. The mayor of our town would sign the building permit applications now. Did not help.
When the boss at one of the many meetings do no more argument, he always says he would approve later.
To date, nothing has happened.
I also have the building rights on the Chanod and the contract from the Land Office.
Now I pay for the expensive temporary electricity and water. Month by month

Is my house is now illegal? Can they remove the house?

What should I do?

Thanks for help.

Heike
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Re: Building Permit for a private house

Postby Roger Ramjet » Thu Dec 30, 2010 2:06 pm

Heike,
I just spoke with my wife and she spoke with people from up country who work with her, here's what I could gather: No building permit is issued by the or bor tor, just a verbal go ahead once the plans have been looked at. After the house is finished the house will get a house number that coincides with the land. If you have a legal written agreement involving the land and the house built on it, then both the land (and house built on it) must be put in the Thai landowner's name to get the number, but the legal agreement (lease, whatever) takes precedent until the lease has expired. The or bor tor cannot tell you to remove the house (unless it has been built illegally in a national park).
That's about the best answer I can get (I live in Bangkok). My wife thinks he is just being difficult or "flexing his muscles".
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Re: Building Permit for a private house

Postby Sunpax » Thu Dec 30, 2010 5:36 pm

No way that I will put my house on the same name that the landowner !!! will mean after 30 years you can go away with any compensation for the house !!! :evil: and will not help to renew an other 30 years !!!
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Re: Building Permit for a private house

Postby MGV12 » Thu Dec 30, 2010 5:50 pm

Roger Ramjet wrote:Heike,
I just spoke with my wife and she spoke with people from up country who work with her, here's what I could gather: No building permit is issued by the or bor tor, just a verbal go ahead once the plans have been looked at. After the house is finished the house will get a house number that coincides with the land. If you have a legal written agreement involving the land and the house built on it, then both the land (and house built on it) must be put in the Thai landowner's name to get the number, but the legal agreement (lease, whatever) takes precedent until the lease has expired. The or bor tor cannot tell you to remove the house (unless it has been built illegally in a national park).
That's about the best answer I can get (I live in Bangkok). My wife thinks he is just being difficult or "flexing his muscles".


Hi Heike

I live close to Chiang Mai city ... maybe things are different here [not unusual in Thailand] but the building permit is issued by the Tessaban not the OrBorTor. I had no problem getting a building permit in my name ... farangs can legally build and own the buildings on land where they have a lease or usefruct. Perfectly straightforward ... processed within two days and cost a very few Baht; with no bribe money changing hands and everyone concerned being very helpful. This was before Maejo [where I live] was upgraded to city status but I don't beleive the system has changed significantly and it's definitely still the Tessaban that issues building permits. We had to go to the OrBorTor for the blue house book and can confirm 100% that a farang cannot get a blue house book in their name. It is possible to get a Yellow Book to prove you live at that address but this varies in difficulty from area to area. Not that it's likely ever to be requested to prove your home address ... possibly due to everyone in 'officialdom' knowing that it's not as easy as it should be to get .... immigration have never asked for it as proof ... in fact they never ask for anything as proof of where you live.

If you have not already done so might be worth a visit to your Tessaban and ... within mentioning the history ... simply enquire about obtaining a building permit ....

“Some days I am an optimistic pessimist ... other days I am a pessimistic optimist”
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Re: Building Permit for a private house

Postby Roger Ramjet » Thu Dec 30, 2010 11:27 pm

sunpax,
Read what I wrote, not what you thought I wrote, there is a very delicate line between owning the building and the land. You can never own land unless you are Thai, but you can own the building and when the lease expires there must be compensation. All that should be in the lease contract drawn up by the lawyer and signed by both parties. That lease document is binding all the way to the Appeals Court.
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Re: Building Permit for a private house

Postby Sunpax » Fri Dec 31, 2010 2:45 am

In my case the lease contract is already sign , so too late to add that the house will be mine and only mine !

Under the Thai law a foreigner cannot own the land , but can own a house ,right ? so why this build permit has to be under the landlord name ???

And how to prove the house ownership ?

Normally the build permition doesn't prove the ownership of the house ! but since sometimes time now,it's seems that some court mixe up the both thing :(
and if you don't have this build permit under your name how can you acces to all utilities bills on your name who are others evidences !

How can you register your house on your name to the or bor tor if you don't have this build permit?

i am still thincking that to put the house under the landlord name will be a mistake !

I phone to already 4 differents lawyer ...and believe it or not ? they all say differents things because they don't know exactly :((

I want to do it slowly until i get what I really need...

well it's mean that i need to have acces to a Thai law paragraph who explain that a foreigner can own his own house in Thailand...!...and by this way has the right to put this buil permit on his name...but even if I buy the entire law book I don't read thai !!!
so now i research some competent lawyer who understand what i really need...!

Some big major lawyer firms propose me the services for around 50000 bahts ...but with no guaranty ! ( and by anyway I am not satisfied of their explanations about the Thai law in this case.)

If some Foreigners have allready obtain this build permit on their own name , I don't see why i cannot do the same...even If I need to contact a more hight autority in Bangkok...! need do know which one...that's mean more research work !
But i must say that that situation is very unconfortable and trouble my sleep...and I hope I can resolve that very soon .

Sorry for my English ...I wish you all a Very Happy New Year and all the best for 2011 :D
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Re: Building Permit for a private house

Postby Roger Ramjet » Fri Dec 31, 2010 6:09 am

sunpax,
Your answers lie at the start of this thread. Jazzman posted those answers as far back as 2008, if I am not mistaken. He also posted the English version of the Act. There is a fine line between the building permit and the house ownership and as stated earlier by my wife, perhaps the Or Bor Tor is just being "difficult". If your lease is drawn up correctly, then it will be noted on all the documents and is binding.
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Re: Building Permit for a private house

Postby Heike » Fri Dec 31, 2010 8:13 am

Many thanks for many answers and information. Anyway I will visit in the new year the "Tessaban".
My leasing contract about the land is lifelong. Not only 30 years. This is legal and OK.
The difference to 30-year contract is: It ends with the death and cannot be left bequeath.
Should I have next year no success, I will not complain even further. This costs only a lot of money for the lawyer. "One should not throw good money bad behind."
Then I think about the possibility a Thai of my trust (not the landowner) to registering my house on his name. In this case he cannot make nothing with my house, because I have the lifelong leasing contract (usufruct) and he has no rights on the land. Also I have the bill and the building contract of the housebuilder on my name and the original Chanod . In this case maybe there is still an additional proof
But then I have a housenumber and can ask for a normal electric and water rate.
I will further inform you.
Thanks and a happy new year.
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Re: Building Permit for a private house

Postby Sunpax » Fri Dec 31, 2010 9:05 am

Roger Ramjet wrote:sunpax,
Your answers lie at the start of this thread. Jazzman posted those answers as far back as 2008, if I am not mistaken. He also posted the English version of the Act. There is a fine line between the building permit and the house ownership and as stated earlier by my wife, perhaps the Or Bor Tor is just being "difficult". If your lease is drawn up correctly, then it will be noted on all the documents and is binding.


It is not me who need the "answer" but the or bor tor and yes I read almost every thing i find of this subject here and many other forums and goooogle and other !!!
But it doesn't help me to have the act in English they only speack Thai...(like I tell you i knew already that it was possible under the Thai law to get the built permit on my name ; otherwise i will never buy this land !

My probléme is to find a solution to make the or bor tor "aware" of the law ! for what i was asking for "experience" from other people in my case...

i thanck you for your answers...have a good day :)


Ps..about Jazzman informations ,this is what i find for :Act BE 2518 (1975): http://www.labour.go.th/law/doc/labour_ ... n_1975.pdf ...nothing to do with rights of owner

and this for : Land Code BE 2497 (1954): read chapter 8 http://www.thailandlawonline.com/Genera ... e-act.html
Last edited by Sunpax on Fri Dec 31, 2010 9:25 am, edited 2 times in total.
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Re: Building Permit for a private house

Postby otis-a » Fri Dec 31, 2010 9:11 am

for me land in wifes' name; same for blue book, with my name as resident
then did 30 years lease agreement- which will well exceed my 'best before' or product expiry date
was told there are no issues there as i paid for all and have bank records and reciepts as proof: the lease auto transfers to my thai son upon my expiration
will see next month if this working ok when go register a new car in my name and son's name
all this in chaing rai provence
had no problems getting the blue book, permits-if any-, and normal electric meter on the blue book- all very quick and no extra money - unless one considers legal fee as an xtra- but never did a land or house deal without some legal fees- costs are detailed i Griffith House build blog
no sleeping problems here either.. Perhaps that comes from not working 12hour days any more and being away from saudi?
where to park dog when in town? A barking lot... :-)))
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Re: Building Permit for a private house

Postby otis-a » Fri Dec 31, 2010 9:21 am

for me land in wifes' name; same for blue book, with my name as resident
then did 30 years lease agreement- which will well exceed my 'best before' or product expiry date
was told there are no issues there as i paid for all and have bank records and reciepts as proof: the lease auto transfers to my thai son upon my expiration
will see next month if this working ok when go register a new car in my name and son's name
all this in chaing rai provence
had no problems getting the blue book, permits-if any-, and normal electric meter on the blue book- all very quick and no extra money - unless one considers legal fee as an xtra- but never did a land or house deal without some legal fees- costs are detailed i Griffith House build blog
no sleeping problems here either.. Perhaps that comes from not working 12hour days any more and being away from saudi?
where to park dog when in town? A barking lot... :-)))
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Re: Building Permit for a private house

Postby Sunpax » Mon Feb 28, 2011 4:25 pm

I am happy to tell you that my build permit has been approved and sign ! on my farang name ! after so many problémes and waiting , one day i was in tessaban and explain my probléme ! the boss of Tessaban phone to the big boss Or bor tor..and then magic ; " yes can put Farang name on built permit " after waiting again 5 weeks and 4 times there :( tell me this morning 20000 b !!! i say sorry no money, i am poor ! 5000 b ? and they say no ok free for you !so I paid only 156 b with money and so much with my nerves !
went then to the village chief...He give me some paper and say need to go to distric house in 3 weeks..but I don't understand why and what kind of paper it is ! i was asking some paper to get electrcity and water...

by any way I am so happy , my situation was so diificult .
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