Do you know what a Thai Certificate of Utilization is? In Thailand generally speaking to have ownership of land according to the Land Code this can only occur with a title deed. Even though, there are many papers which certify land rights such as a Title Deed in Land (SK.1). Also a Certificate of Utilization (NS.3), Local Tax Documents (PBT. 5). These documents are only there to vouch for the land’s occupancy and utilization. Lastly if you are going to buy property then ensure that you have completed the Thailand due diligence before you sign the documents.
The Certificate of Utilization is a letter which has been affirmed by an officer that the land has been used. There are 3 types of Certificate of Utilization which are listed as follows:
As you will note that this has a published certificate where there is an overhead photo.
This is a land certificate without the the overhead photo.
Note that land purchasing of type NS3 must be made in writing and registered by the Competent Official. Speak to our Thailand real estate lawyers for more information in this regard. If in the event that there has been land purchased for which a certificate of utilization has not made in writing and registered by the competent official the transaction may be viewed as invalid. Land ownership and a right of occupancy and utilization are two different issues in Thailand. The Building Restrictions in Thailand also covers this.
For those expats who wish to build their own house you are advised to browse the rest of this website. You are going to need the proper title deed such as a chanote title deed. You will also need to understand the land measurements in Thailand. You are also going to need to look at obtaining a building permit if you wish to build your own home.
If you are going to build your own house in Thailand. You will need to speak to our property lawyer first. The property law and ownership of land in Thailand is very complex. You can see taking a superficies in Thailand where you own the house but not the land. Many expats opt for this with their Thai wife or register a usufruct over the property.