Legal Information

Legal Information

Owning Property in Thailand

Foreigners can own the houses and can long lease the land in Thailand.

Thai law does currently not allow foreigners to own land in their own names. To solve this problem for foreigners who would like to buy and own their own property, they have to make the long time leasehold for land with the developer or Thai people. However the foreigners can own the houses and other buildings in their own name.

Thai law allows foreigners to lease the land for 30 years and be able to extend the lease time for another 2 periods of 30 years. So the foreigners can make the land leasehold contract for total 90 years divided in 3 periods.

The foreigners can also transfer the right to lease to other persons such as their sons & daughters or other foreigners who want to buy their properties in the future. So this leasehold contract will give the foreigners the right very close to the freehold contract and guarantee for being complete Thai legal.

We can mention that the foreigners are the owner of the houses and all buildings built on the land in the leasehold contract. So when they want to sell their properties, they can make the new contract with the new buyers to sell both the houses and the lease right for the land. However the new buyers have to make the new leasehold contract for 90 years with the developer.


Natural Hill Legal Information

LEASEHOLD & HOUSE OWNERSHIP :
The Buyer can purchase the house and lease the land from The Seller. The Leasehold will be registered at the Land Department in Hua Hin for 30 years. The Buyer will have the right to renew the Leasehold for two further periods of 30 years (30 +30 + 30 years). When ever he wishes, he will have the right to transfer the name of ownership to another person or to resell the property to a new client. In that case The Buyer will be responsible for all registration fees, transfer tax or stamp duties at the local Land Department.

The new Buyer will receive from us a new Leasehold agreement of 30 years with the same rights and conditions as the previous Buyer.

FEES FOR LEASING THE LAND :
The Buyer/Lessee has to pay for the leasehold contract’s annual registration of 10,000 Baht (Ten thousand Baht) per year.

*The fees have always to be paid for one year in advance to The Seller, the first time on the day of the registration of the 30-year Leasehold. *

RIGHT FOR CENTRAL/COMMON FACILITIES :
The lessee accepts that all central/common area, buildings and all facilities at the clubhouse including central swimming pool, fitness, etc. belong to the lessor. However, the lessee can use all central/common facilities as long as do the payment advance for the central facilities fee every 2 years.

TAX & PROPERTY TAX :
The Buyer is responsible for future property “Land” and “Building” Tax.

OFFICIAL PERMITS :
The Seller is responsible for all official permits. The Seller will of course provide the official electric meter and the water meter for the house and as well the House Register with the official house address.
The Buyer is responsible for all expenses related to official permits, water meter and electric meter.


Important Document

 

Land lease and property ownership at Natural Hill, Hua Hin, Thailand.

The following is a guide to understanding the documents that you should have when you lease the land and buy the property:

Document

Get document from

Description

1.

Land registration.

Land Registry Office

This document will show your name as the lessee. The Natural Hill Customer Services team will organise arrangements for you to get this document.

2.

Land lease registration

Natural Hill Property Company

Obtain copy of this  from Natural Hill Property Company who retain original.

3.

Lease contract.

Natural Hill Property Company

Original retained at Natural Hill Property Company, obtain copy for your own records.

4.

Building permit.

Natural Hill Property Company

Original retained at Natural Hill Property Company, obtain copy for your own records.

5.

House Transferral Contract.

Natural Hill Property Company

 

6.

Property Fault remedial list/ snagging list

Natural Hill Property Company

This list should be completed by the home owner within 2 months of occupation of property, to show any faults and the agreed timescale for rectifying them.

7.

House structure and maintenance guarantee contract

Natural Hill Property Company

 

8.

Letter reference the building permit

Named person on the building permit – speak to the Natural Hill Property Company customer services team

This letter is required to show that the named person on the building permit has no claim to the property, and that the property is owned by (show the name of the owner).

9.

Blue book

From Natural Hill Property Company

This book records the names of Thai residents of the property – for overseas purchasers, see YELLOW BOOK,  at (10)

10.

Yellow Book

From the Municipality Centre, Hua Hin.

This book records the names of overseas residents of the property. It provides official confirmation of your address in Thailand, and makes the process for purchase of cars, bikes, bank loans etc easier, and also provides evidence of an official address for you which will facilitate the processes for obtaining driving licences, retirement visas etc. See separate section on how to get your yellow book.

11.

Householders document

From the Land Registry Office

This document provides you with full title to your property, and is similar to the title deed that we are familiar with in Europe. You may wish to consult a solicitor about the requirement for this. If you wish to obtain this document there is a fee to pay of 2% of the value of the property.


THE YELLOW BOOK

There are two possible ways to obtain the Yellow Book:

1. USE AN AGENT

Employ an agent to complete the whole process for you.

  1. 1.1

    Beware of unscrupulous agents (official or unofficial) who will ask for exorbitant fees

  2. 1.2

    The fee is likely to be in the region of 7,000 THB to 10,000 THB for one named person, with a charge of around 6,000/ 7,000 THB for every other named person.

  3. 1.3

    Using this method the agent will need to take your passport from you, and he/she may retain it for many weeks – if you do this, make sure you have a photocopy of your passport and relevant visa entries. Also consider timescales if you are due to report to immigration.

  4. 1.4

    The agent will advise you of any other requirements.

  5. 1.5

    The timescales for completing the process vary (and can be months), and you should seek to clarify these with the agent before starting.

  6. 1.6

    There are many ‘official’ agents in Hua Hin who will do this service for you, and also many ‘unofficial’ agents – choose carefully.

 

2. DO IT YOURSELF

You can also complete the process yourself, this is relatively straight forward and less expensive- but time consuming. However it can be completed in a few days without surrendering your passport to agents. The steps to take are as follows:

    1. 2.1

      Passport Validation Visit your embassy in Bangkok to get a letter to validate your passport and identity (In the case of the British Embassy this costs 1,800THB per person and it was necessary to leave passport overnight – check the arrangements for your own embassy).

    2. 2.2

      Translation of passport validation Then go to a translation service to get a Thai language translation of the passport validation– this will cost about 300THB per person. There are usually several translation services near embassies which are easily visible.

    3. 2.3

      Thai Ministry of Foreign Affairs Then go to the Thai Ministry of Foreign Affairs in Chaeng Wattana, Bangkok - a recommended route is to take the SkyTrain to the terminus at Mo Chit for Chatacak Park and then a taxi to the ministry. You will need your passport, the passport validation and translation. The ministry will check that the translation is correct and reconfirm the passport validation.

      Normal service costs 200 THB and takes 2 days, however express service takes about 3 hours and costs 400THB per person. Chaeng Wattana is far from anywhere so most people sit and wait (take a book)

    4. 2.4

      Other costs Other costs that you will incur if you are making a specific trip to do this are:

      Transport to and from Bangkok Overnight accommodation in Bangkok – this is necessary in the case of the British Embassy because the service there is completed overnight – you should check the arrangements for your own embassy.

    5. 2.5

      Municipality Centre, Hua Hin When you return to Hua Hin take the above documents to the ‘One Stop Shop Service’ office on the ground floor of the Municipality Centre (this is located at the main traffic lights on Petchkasem Road, diagonally opposite the Police Station).

      You should also take the following documents:

      • Blue book
      • Copy of building permit.
      • Letter ref building permit (see 8 above) , and/or
      • Title documents confirming ownership (see Householders document in 11 above)
      • Passport

       

If you have the correct documentation the process to issue the Yellow Book should be completed in less than an hour, there is a small charge (less than 200 THB).

The above information is believed to be correct at the time of writing, but no responsibility is taken by Natural Hill Property Company or others involved in providing the information for any errors or misleading information. If you are able to update this information in the light of your own experience, please speak to Dar, Customer Services Manager, Natural Hill Property Company.

Date: March 2008.


Hua Hin Information

Natural Hill Village Hua Hin

welcomes you to Hua Hin Thailand with tropical sand, sea and sunshine. The oldest and most traditional Thai resort combines the attractions of a modern holiday destination with the charm and fascination of a still active fishing port.

Hua Hin has already been the favorite Thai resort for over 70 years. The resort was discovered in the early 1920s by King Rama VII. The tranquil fishing village was turned into the Royal Resort and became popular among Siam’s nobility and upper-class. The beautiful colonial style Railway Hotel, today’s Sofitel Central Hua Hin, was built in 1923 by the State Railway Authority, which also built Thailand’s first public golf course in Hua Hin in 1924. Two years later, King Rama VII built the Klai Kangwon Palace (Far From Worries) on the beach and this place is still frequently used by the Royal Family. Many of Bangkok’s rich and famous built their own beachfront summer homes to the north and south along the beautiful sandy bay, enjoying leisurely family weekends in a resort which has maintained its unique identity.

Today, Hua Hin and Cha-Am are two of Thailand’s most popular seaside resorts for foreign and Thai visitors. Hua Hin in Prachuabkirikhan Province and Cha-Am in Petchaburi Province are located 200 km south of Bangkok on the west coast of the Gulf of Thailand. Travel by car takes less than three hours. The beach resorts may also be reached by train, bus, taxi or daily flights from Bangkok. Despite their locations in different provinces, it takes about twenty minutes drive to travel between them.

There are more than one hundred 3- and 4-star hotels and several 5-star luxury resorts like Hilton Hotel Hua Hin, Sofitel Central Hua Hin, Anantara Resort & Spa Hua Hin, Evason Hua Hin Resort & Spa, Hyatt Regency Hua Hin, Chiva-Som Health Resort Hua Hin, but also many smaller guesthouses in and around Hua Hin and Cha-Am with over 3,000 rooms. Hua Hin and Cha-Am also offer modern pharmacies, clinics, hospitals and international schools.

Hua Hin provides the highest density of world class golf courses anywhere in Thailand while it’s yet virtually undiscovered as an international Golf destination. Green-fees and other costs are currently among the lowest in the world while course maintenance and services are superb. Enjoy golf, sports, shopping, fine restaurants, relaxing cafes, local night markets and modern shops selling a wide range of bargain goods or enjoy the nearby national parks, elephant rides, best of all enjoy the quiet relaxation.


Beaches in and around Hua Hin

Hua Hin Beach

The name Hua Hin "Rocky Head" in Thai, is derived from the rocks that can be seen on the beach in front of the Sofitel Central Hotel. It has a 6-kilometer beach lined with a variety of private luxury beach houses, hotels and 5 star resorts. The beach stretches some 7 kilometres from the hill in the south called Khao Takiap, where the famous temple Wat Khao Takiap is located. The beach is wide and long with white sand and scattering rocks in some area. Some parts of the beach can be tranquil but activities such as horse riding, kite boarding, and water sports can also be found here.

Khao Takiab Beach

Khao Takiab "Chopstick Hill" beach is 7 kilometers south of Hua Hin. The hill is famous for its hilltop temple and monkeys that live near temples. The best spot of this beach is located behind the hill where there are big expanses of beach and calm shallow waters ideal for children. You can take motorcycle taxi or local bus to Khao Takiab from Hua Hin town centre.

 

Suan Son Pradiphat Beach

Protected by the Army Welfare Office, Suan Son Pradiphat is at Kilometer 241, some 8 kilometers south of Hua Hin town centre. This is a serene and relaxing place to visit with various restaurants and accommodations, a hotel, guesthouses and self-catering bungalows. Suan Son Beach is open to the public everyday.

 

Khao Tao Beach

Which has a long stretch of beautiful beach at the foot of Khao Tao Hill lies about 14 kilometers south of Hua Hin. The beach is fringed with pine trees and more peaceful than Hua Hin beach. Perhaps the landmark of this beach is a large Buddha statue that is looking out to the sea, a newly opened Holiday Resort and small local restaurants are available by the beach.

 

Hat Sai Noi Beach

Hat Sai Noi Beach a small sandy beach from the beach you can see two small islands, Ko Singto (lion island and Ko Tao (turtle island). Sai Noi beach is a charming little bay hemmed in by two large rocky headlands. The beach is no more than a few hundred metres long.

 

Pranburi Beach

Pranburi - a haven of Boutique Resorts is some 25 km - 30 km south of Hua Hin. The beach itself may not be spectacular but its peaceful environment infuses a sense of privacy and exclusivity. It was never a popular weekend destination among travelers. In the past, holidaymakers preferred to stay in Hua Hin and drive to Pranburi for a one day trip. However, this is not the case, today, since it becomes a popular getaway among travelers from Bangkok who seek to relax in style. That contributes to the increase in the number of chic and boutique resorts. The trend started in 2002 when Evason Hotel Resort opened its first Boutique Resort in Pranburi. The resort was a huge success, luring local and foreign investors to follow its footstep. Yet it maintains its serenity. Some resorts in Pranburi offer a shuttle van service for their customers who want to go to Hua Hin for a night out.Nowadays, Pranburi is a tourist attraction by its own. An interesting attraction nearby Pranburi and Khao Tao is the Pranburi Forest Park, which occupies a large area with a one kilometre pine-fringed beach and mangrove nature trails.


Hua Hin Golf Course

The seaside resort town of Hua Hin, now the year-round residence of Thailand’s royal family, is one of the golfing world’s best kept secrets. There are 8 international Golf Courses within 30 minutes drive from our projects.

Milford Golf Course Hua Hin

Par 72,designed by Robert MacFarland

Opened in 1995. The owners of this land must be commended for their foresight as it is difficult terrain. The situation is possibly one of the best in Thailand with sea views and The Kings Peacocks to take your attention away from some of the testing shots that are awaiting, particularly on the very tight back nine holes. The course isn’t long but at the end of your round you wouldn’t know it! Keep your driver in the bag except for a couple of holes on the front nine to have a go with a little room for maneuver. Great fun and an ideal course for a Texas scramble a few beers and an entertaining days golf. Incidentally, the greens have the best in the area with a wonderful surface, but and a big but, don’t get on the wrong side of the flag stick or your score goes up. 4 putts-no problem!! The fairways suffer a little in a hot dry spell, so take some old clubs with you, after your game take a short trip back to the village.

Imperial Lake View Hotel & Golf Club

Par 72, designed by Roger Packard 6,915 yards

With a hotel on the course, Imperial Lake View provides an idyllic setting for golfers keen to just play the game and then relax in peace and quiet. The 27-hole layout includes the Desert course - probably the best 9 holes in the Hua Hin area. The original 18 holes feature undulating fairways and greens requiring the golfer to select a target landing area rather than just teeing it up and letting it rip!

 

Majestic Creek Country Club

Par 72, designed by Sukitti Klangvisai 6,169 yards

Majestic Creek, one of the most scenic courses, generally plays long as the luscious fairways do not permit the ball to run far. The two par 5’s at the end of each 9 are seldom reached in two - even by the pros. Keeping the ball below the pin will help to save strokes as the greens are mostly sloped from the back.

 

Palm Hills Golf Resort & Country Club

Par 72 , designed by Max Wexler 6,888 yards

Wide fairways and large greens make Palm Hills a very user-friendly. To offset this there is a fair amount of water to cross as lakes used for irrigation have been blended into the undulating layout. While the greens may be large, they can be variable in speed and smoothness making them difficult to read. Due to its close proximity to Hua Hin, Palm Hills is very heavily used and as a consequence, it can at times look very worn.

 

Royal Hua Hin Golf Course

Par 72, designed by A.O. Robins 6,678 yards

Thailand’s oldest course is a natural layout out in wooded land rather than the resort style so popular today. There are no water hazards except for the most wayward shots, but the average golfer will have enough problems keeping out of the trees. Walking is a prerequisite for playing at Royal Hua Hin, though we hear golf carts may be available.

 

Springfield Royal Country Club

Par 72, designed by Jack Nicklaus 7,063 yards

Home of the 2001 Thai Open and rated by many as one of the top three layouts in the country, Springfield features the full Nicklaus theme - long par 4’s, big bunkers, plenty of water and an island green. For the middle handicapper, the par 4’s will require regular use of fairway metals. The first hole is a gentle form of introduction.

 

Black Mountain Golf Course

Designer: Pacific Coast Design -Phil Ryan
Open: April 20th 2007
Holes: 18 holes Par 72
Length: 7,343 yds.
Distance: 10 km from center of town

This is one of the most anticipated new courses in Thailand and especially in Hua Hin. The Thai Nordic Group is using Pacific Coast Design of Australia to carry out their master plan of building two golf courses. The East Course is a championship course with a par of 72 measuring 7343 yards. The West Course is designed to be a resort course of par 72 at a comfortable 7064. All the holes provide the golfer with a safe route but for the more adventurous player there is a higher risk option with a potential greater reward. The design offers generous fairways for the shorter hitter but becoming narrower for the longer hitter. The greens are large with many pin positions, with different degrees of difficulty, and the course is well protected by beautifully sculptured bunkers.

 

Banyan Golf Course

Designer: n/a
Open: January 5th 2008 (scheduled)
Holes: 18 holes Par 72
Length: 7030/5310 yds.

The Banyan Golf Club Hua Hin will be nestled in the mountains just south of Hua Hin and is scheduled to start construction in 2007 and be completed by 2008/2009. The Banyan Estate group is using the Golf East Company and Pirapon Namatra, Golf East Managing Director and top designer, to take this project from inception to completion.


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