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  1. #1
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    Building Permit in someone elses name ?

    Hi,

    Scenario: I am having a house built on wife's land, I will be paying for house construction, my name will be on building contract with builder, I will register it at land office under my name when complete.

    Question: Can A.N.Other apply for the building permit for me under their name without power of attorney. Ie: A.N.Other takes the architect's drawings down to Tessabahn and applies for the building permit with his name on it. Might be the builder, a developer, my brother, wife's brother etc.

    Is this legal ? A legal build ?

    Cheers for any help,

    CS

  2. #2
    Thailand Expat jandajoy's Avatar
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    Quote Originally Posted by Champagne Super View Post
    Hi,

    Scenario: I am having a house built on wife's land, I will be paying for house construction, my name will be on building contract with builder, I will register it at land office under my name when complete.

    Question: Can A.N.Other apply for the building permit for me under their name without power of attorney. Ie: A.N.Other takes the architect's drawings down to Tessabahn and applies for the building permit with his name on it. Might be the builder, a developer, my brother, wife's brother etc.

    Is this legal ? A legal build ?

    Cheers for any help,
    CS
    What's a "building permit" ?

  3. #3
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    If I remember correctly in my drunken dealings with the Pattaya planning office anybody can apply for the building permit.

  4. #4
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    Indeed.
    Building permit has nothing to do with the land ownership.

  5. #5
    Days Work Done! Norton's Avatar
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    I had friend in Phuket who had the builder arrange for permits. I'm quite sure he didn't need to give power of attorney.

    Where are you building?

  6. #6
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    Quote Originally Posted by Champagne Super View Post
    Hi,

    Scenario: I am having a house built on wife's land, I will be paying for house construction, my name will be on building contract with builder, I will register it at land office under my name when complete.

    Question: Can A.N.Other apply for the building permit for me under their name without power of attorney. Ie: A.N.Other takes the architect's drawings down to Tessabahn and applies for the building permit with his name on it. Might be the builder, a developer, my brother, wife's brother etc.

    Is this legal ? A legal build ?

    Cheers for any help,


    CS
    My suggestions and for what it is worth are as follows;

    1.The building permission documents will have to be in her name (or the same name as on the land title deed/ chanoit).
    2. When you submit your house plans apply for the house title book (Tabiab Barn) and in your name. With this book you can then apply for all the services and connections in your name. You will own the house outright and in your name.
    3. Draw up a lease agreement with your wife that lasts for 30 years with a 30 year extension. The cost for this is 3,000.00 Baht per term plus the legal fees.

    When you receive your building permission documents and drawings make sure you receive your house title book as well.

    Also regarding the building contract do it in your name but have it translated into the Thai language as well as in English. Also make sure you have copies of the builders I.D card and his house title book which displays his place of residence.

    Hope this advise helps you but have a word with a solicitor as well. The first consultation is usually free.

    Hope this information helps you and Good Luck.

  7. #7
    Days Work Done! Norton's Avatar
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    Quote Originally Posted by Loy Toy
    (Tabiab Barn) and in your name.
    ^Good stuff. If I may add, the Tabien Baan does not show ownership but rather residence. All who reside in the house should be on the document.

  8. #8
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    Quote Originally Posted by Loy Toy
    1.The building permission documents will have to be in her name (or the same name as on the land title deed/ chanoit).
    Naaa, I have never bothered submitting them, they come to my place, I give them the address and a rough plan, that is it, they do the plans and sort the permit out, normally the building is finished before we get any of these documents.

  9. #9
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    Quote Originally Posted by Norton View Post
    Quote Originally Posted by Loy Toy
    (Tabiab Barn) and in your name.
    ^Good stuff. If I may add, the Tabien Baan does not show ownership but rather residence. All who reside in the house should be on the document.
    As far as I know the Tabian Barn clearly indicates the owner of that house and the title they refer to as "Jow Barn". Any other person who is resident of that house is shown as a resident only.

    This person being the owner of this house is the only person who can apply for electrical, water and telephone connection. If another resident of this house, (and as shown on the Tabian Barn) wants to do anything and with relation to the house he/ she must get written approval from the house owner first.

    Stand corrected but I think I am right.

  10. #10
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    You are right, others listed need a copy of the owners id card which has been signed.

  11. #11
    Days Work Done! Norton's Avatar
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    I stand corrected. Just checked mine. The missus is Jow Baan as I agreed and I am shown as resident.
    Last edited by Norton; 25-06-2008 at 11:52 PM.

  12. #12
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    Quote Originally Posted by dirtydog View Post
    Quote Originally Posted by Loy Toy
    1.The building permission documents will have to be in her name (or the same name as on the land title deed/ chanoit).
    Naaa, I have never bothered submitting them, they come to my place, I give them the address and a rough plan, that is it, they do the plans and sort the permit out, normally the building is finished before we get any of these documents.
    Sure, some people do it this way and hope like hell everything doesn't go tits up.

    I submit my house drawings before we start the house construction. We then get a written document of approval to start the house and within 1 month we have all the drawings and permissions in hand.

    I would never take the risks you do and with other peoples money.

    For my information, how do you get your electric metres and water connection if you don't have the documents in hand. Obviously you need water and electricity and to build a house.

    Quite possibly you are better connected than me. TIT

  13. #13
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    They will not give water or electric till the house is nearly finished and considered safe for electric, we rent electric from neighbours of the land we are building on, sometimes set up a tank and just get water lorrys to deliver water.

  14. #14
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    I should mention I use city halls planning dept to do my plans.

  15. #15
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    Quote Originally Posted by dirtydog View Post
    They will not give water or electric till the house is nearly finished and considered safe for electric, we rent from neighbours of the land we are building on, sometimes set up a tank and just get water lorrys to deliver water.
    Understood I have built houses in three different Chonburi zones, Nong Balai, Pong and Nong Prue and all have different rules and regulations.

    On one case they insisted that we get electric and town water connection and on other occassions we have done as you have suggested.

    My point is, I would suggest that everyone should at least get the building permission documents before you move too far forward with the house constuction.

    My mate from Ireland is in the real shit at the moment because his site was inspected by the new "Yortar" and this guy was on a mission to find illegal constructions.

    He eventually had it sorted but had a lot of grief and it cost him a bundle of under the table and a small fine.

  16. #16
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    Thanks for the replies chaps, some useful info.

    Some have said the Building Permit has to be in the Chanote owners name (wife) and some have said not, ie: builder can apply for it.
    Guess we'll have to go to Tessabahn and ask them ...... IF they know!!!

    Cheers,

    CS

  17. #17
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    The permit is in the land offices name for the plot of land that is being applied for, I have never had to supply any id for a building permit or any other papers, you apply to build a certain size building on a certain plot of land, the architeque draws the plans, the planning dept signs them off.

  18. #18
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    Actually thinking about it, all the houses I done were knock downs and complete rebuilds, so an empty plot of land maybe different, would have to show the land plot paper I suppose.

  19. #19
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    Go and see a solicitor and he/she will lead you in the right direction. Let us know how you get on as there seems to be an alarming misunderstanding of the process here on TD.

    Good luck with your lot.

  20. #20
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    Thanks, thinking about it the building permit doesn't have to be in the Chanote owners name. I say this as farangs can get permits in their own name and ofcourse their name's never on the Chanote.

    Will let you know what I find out

  21. #21
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    Quote Originally Posted by Champagne Super View Post
    Thanks, thinking about it the building permit doesn't have to be in the Chanote owners name. I say this as farangs can get permits in their own name and ofcourse their name's never on the Chanote.

    Will let you know what I find out
    Yes, but you will need written permission from the land owner and for you to apply for buiding permission.

  22. #22
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    when you build a house.you have to get the permit from District Office which the house locat.The house is not concern with the land office. Each thai house need to have Thai House Register Paper(Ta beaan Ban).Yes it is legal.because that is not your house and not your land sothey can do without power of attorney.I am a Thai lawyer in Bangkok.: vicha1966[at]yahoo.com/ 086 9742001

  23. #23
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    Quote Originally Posted by Loy Toy View Post

    Yes, but you will need written permission from the land owner and for you to apply for buiding permission.
    is this enough, when the land owner (whos living not in Thailand), is just writing a statement, that he gives you the permission, of building a house on this land,

    or is it necessary, to have a certain text, or form ?

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