Thailand Condominium Act (Chapter 3 & 4)

Thailand Condominium Act (Chapter 3 & 4)

Thailand Condominium Act

CHAPTER III

We cover the Apartment Title Deed here so you may understand the concepts used within Thai law. Again this is a rough translation to make examples of how certain laws are implemented. This text has been provided for educational and comprehension purposes and contains no legal authority. We will not assume any responsibility for any liabilities arising from the use and/or reference of this text.

You will need to understand these when you are looking at buying property in Thailand. Most foreign sales in Thailand are condo units, or apartments as they are called in Thai law. This covers what the title deed for an apartment states about the unit. This as well as how the mortgage bond over the building (if it had a mortgage bond) is disposed of as the units are sold.

Section 20

Once the condominium has been registered under (Section 7) the title deed will be given for the condominium. The registration of rights and juristic acts with regards to the apartment shall not be made until the registration of the juristic condominium under (Section 31) which you can see below. The exception is the registration of the redemption of mortgage and the record of such under Section 22 of the Act. This or the transfer of ownership of all the apartments to a single or several persons by holding ownership collectively.

Section 21

Much like the Land Code the Condominium Act has to identify the apartments in the condominium. The following are the main particulars of this process.

  1. The position of the area and land of the condominium (building); The location and plan of the apartment showing the height, width, and length;
  2. The ratio of ownership of the common property;
  3. The name and surname of the owner of the unit;
  4. There has to be an index for the registration of rights as well as juristic acts’
  5. Signature of the competent official;
  6. The stamp as well as the position of the official.

The title deed for the apartment is held in duplicate. The owner holds one and the government holds the other. The government can hold a photocopy and have this signed and sealed as valid. 

Section 22

If the immovable property under Section 15 (1 – Land on which the condominium is situated) or (2 – Land provided for mutual use or benefit) is under mortgage before the registration of the condominium. This even though they were permitted to register the condominium under (Section 7). upon the issuance of the Certificate of Common Ownership, the competent official shall specify that the registrant has the ownership in the unit and records the mortgage every Certificate of Common Ownership, including indicating the amount of debt repayment that the mortgagee has received from each unit, calculated based on the ratio of the ownership in the common property as stated in the registration record. 

After the Certificate of Common Ownership is issued per paragraph one, each unit is deemed to be collateral against the mortgage only the part stated in the Certificate of Common Ownership.

Section 23

Once Section 22 has been completed. The sale of each apartment to the owner will receive the transfer free of the mortgage encumbrance.

Section 24

If there is any inaccurate or unlawful issuance of the Certificate of Common Ownership and registration of right and juristic act concerning a unit. The government can revoke this and amend an inaccuracy. The government can serve a notice for the documents to be returned for inspection. They will then allow you 15 days to contest the revocation and amendment. If you do not respond in 30 days from when the notice was received, it will be seen as a waiver to contest. If this ended in court, the amendments will be made according to the court order.

Section 25

If you have lost your copy of your Certificate of Common Ownership, you can request a new one.

Section 26

If there was a replacement of Certificate of Common Ownership under Section 24 or Section 25 then the first certificate is canceled except if there is a court order not to cancel it. 

Section 27

If the Certificate of Common Ownership is lost by the government then they can serve you with a notice to collect your copy of the Certificate of Common Ownership.

 

CHAPTER IV

 

This text has been provided for educational and comprehension purposes and contains no legal authority. We will assume no responsibility for any liabilities arising from the use and/or reference of this text. This Chapter covers the registration of rights and the juristic acts. It is the smallest Chapter in the Condominium Act.

Section 28

The competent official will be the registrar who carries on registration of right and juristic act upon a unit.

Section 29*

Note that Section 29 was amended by the Condominium Act (No. 4), B.E. 2551 (2008).

A person who wishes to register the right and juristic act upon a unit under this Act shall register the Certificate of Common Ownership with a registrar.

The registrar may register the right and juristic act upon a unit only when the unit is free from any debt arising out of the expenses under section 18. The registrant shall present the latest document certified by the condominium juristic person to prove that he or she is free of such a debt.

The manager shall certify in writing the debt-free status in paragraph two to the co-owner within fifteen days from the date that he or she receives a request for the certification and the co-owner has completely paid for the amount owed under Section 18.

The provision in paragraph two shall not apply to the registration of right and juristic act upon a transfer of ownership in a unit before the registration of the condominium juristic person. 

Section 30

The provisions under Chapter VI of the Land Act on the registration of right and juristic act and the Ministerial Regulations issued under the Act shall apply to the registration of right and juristic act upon a unit, mutatis mutandis.

 

See the other Chapters on the Condominium Act

 

Section 29 is amended by the Condominium Act (No. 4), B.E. 2551 (2008).