Certificate of Utilization

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.

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:

• The NS3 Gor is used to publish a certificate for land where there’s an aerial photo.

As you will note that this has a published certificate where there is an overhead photo.

• Also the NS3 which is used to publish a certificate for land without an aerial photograph.

This is a land certificate without the the overhead photo.

• NS3 Kor is used to publish a certificate in other land which is not specified above.

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.