Notification of Land Department
Subject: Instruction concerning the ownership in condominium
It is appear that at present there is the collaboration of registered building, which has different characteristic from general condominium such as building that has the same characteristic as house, twin house and townhouses, as a condominium and made it has the same character as land appropriation. According to the law, there are many differences in right of ownership and burden of the owner of property. Therefore, to avoid misunderstanding of the buyer of such condominium, the Department of Lands would like to notify the person who wishes to buy the afford-mentioned condominium the crucial principals of the differences between condominium and land appropriation as follows;
Buying of Condominium
The owner of condominium has ownership in the property comprise of the followings;
1. Ownership in personnel property i.e. condominium unit and building or land which provided for each owner such as car park area, land for small park. The affect of ownership in personnel property lead to the right of the owner to dispose, allocate or perform any charge on immovable property unconditionally valid as prescribed in the principle of the law in section 1336 of the Civil and Commercial Code. Nevertheless, there are 2 cases of limitation of right in utilizing property as follows;
1.1 Unable to perform any activities to personal property which affect the security of the damage protecting structure of the building, even if the construction, decoration, renovation, modification of condominium unit on the owner expense which affect the common property or external characteristic of condominium. It is stipulated by law that such activities have to receive the approval from the meeting of the co-owners.
1.2 Unable to perform other activities against condition and principle as prescribed in the regulation such as forbidden to feed pet, forbidden to making loud noise.
2. Ownership in common property i.e. land where the condominium is located and land or other properties for utilizing or common use of the co-owner such as land for parking lot or land allocate for flower garden for the pleasant of condominium, structure and building for security and for protecting of damage to the condominium such as pole, foundation pile, rooftop, loft and et cetera as stipulated in section 15 in the Condominium Act B.E. 2522 amended by the Condominium Act (volume 4) B.E. 2551. The owner of the same condominium has right to use common property together as prescribed in regulation such as the owners of all condominium units unable to block the connecting corridor between the building which it is a common property and located at any sides of the condominium.
The ownership in common property of the co-owner may not equal as follows;
(a) The condominium which was registered prior to the Condominium Act B.E. 2522 amended by the Condominium Act (volume 4) B.E. 2551 came into force (4 July B.E. 2551), the ownership in common property is in accordance with the portion between the price of each condominium unit with the total price of all condominium units when it was registered.
(b) The condominium which was registered from 4 July B.E. 2551 onward, the ownership in common property is in accordance with the portion between area of each condominium unit with the total area of all condominium units when apply for registration.
The managing and utilizing of common property shall in accordance as prescribed by law and regulation, thus, the co-owner has jointly duty to pay tax and stamp duty in portion that the co-owner has ownership in common property. And the co-owner shall jointly pay all cost occurred from the delivery of service and from mechanical and facility for convenience or for common interest. Also, the cost occurred from the maintenance and management of common property in the portion which co-owner has ownership in common property or portion of benefit against condominium unit as prescribed in regulation.
3. Co-ownership of co-owner between condominium unit i.e. room floor, room wall which divided condominium unit which is not the structure of the building.
Buying of land with structure under land appropriated project
The buyer of land with structure under land appropriated project is the proprietor of a piece of land and structure identified in contract registered by competent officer. The proprietor of such property is completely empower to dispose of his property, utilize, heir out or perform any charge on immovable property unconditionally valid as prescribed in the principle of the law in section 1336 of the Civil and Commercial Code.
However, street, garden, playground and other infrastructure in the project which the land developer provided for the project in accordance with the approved plan and project fall into servitude for the benefit of appropriated land. The land developer is obligated to maintain this property the same nature as originally made and could not perform any action to the extent that the benefit of servitude property is impaired or deteriorated. Therefore, expense for maintenance of this infrastructure would be paid by land developer and could not claim back for the buyer unless any action has been taken as follows;
(1) The buyer has established land appropriate juristic person according to Land Development Act B.E. 2543 or juristic person of other legislations and property used as infrastructure has been transferred to procure and maintain by the juristic person.
(2) The buyer has granted approval by the Land Development Committee to proceed in any respect for infrastructure maintenance.
(3) The buyer has transferred property used as infrastructure for common interest. Providing that land developer has provided extra facility for public service apart from that has been stipulated in accordance with land appropriated requirements, service and maintenance cost shall be levied from buyer in compliance with ratio approved by Land Development Committee.
Please be informed.
Notified on 14 May B.E. 2553
(signature) Anuwat Maytheewibulwut
(Mr. Anuwat Maytheewibulwut)
Director General
Remark: This information obtained from official website of the land department, http://www.dol.go.th/
Buying of Condominium
The owner of condominium has ownership in the property comprise of the followings;
1. Ownership in personnel property i.e. condominium unit and building or land which provided for each owner such as car park area, land for small park. The affect of ownership in personnel property lead to the right of the owner to dispose, allocate or perform any charge on immovable property unconditionally valid as prescribed in the principle of the law in section 1336 of the Civil and Commercial Code. Nevertheless, there are 2 cases of limitation of right in utilizing property as follows;
1.1 Unable to perform any activities to personal property which affect the security of the damage protecting structure of the building, even if the construction, decoration, renovation, modification of condominium unit on the owner expense which affect the common property or external characteristic of condominium. It is stipulated by law that such activities have to receive the approval from the meeting of the co-owners.
1.2 Unable to perform other activities against condition and principle as prescribed in the regulation such as forbidden to feed pet, forbidden to making loud noise.
2. Ownership in common property i.e. land where the condominium is located and land or other properties for utilizing or common use of the co-owner such as land for parking lot or land allocate for flower garden for the pleasant of condominium, structure and building for security and for protecting of damage to the condominium such as pole, foundation pile, rooftop, loft and et cetera as stipulated in section 15 in the Condominium Act B.E. 2522 amended by the Condominium Act (volume 4) B.E. 2551. The owner of the same condominium has right to use common property together as prescribed in regulation such as the owners of all condominium units unable to block the connecting corridor between the building which it is a common property and located at any sides of the condominium.
The ownership in common property of the co-owner may not equal as follows;
(a) The condominium which was registered prior to the Condominium Act B.E. 2522 amended by the Condominium Act (volume 4) B.E. 2551 came into force (4 July B.E. 2551), the ownership in common property is in accordance with the portion between the price of each condominium unit with the total price of all condominium units when it was registered.
(b) The condominium which was registered from 4 July B.E. 2551 onward, the ownership in common property is in accordance with the portion between area of each condominium unit with the total area of all condominium units when apply for registration.
The managing and utilizing of common property shall in accordance as prescribed by law and regulation, thus, the co-owner has jointly duty to pay tax and stamp duty in portion that the co-owner has ownership in common property. And the co-owner shall jointly pay all cost occurred from the delivery of service and from mechanical and facility for convenience or for common interest. Also, the cost occurred from the maintenance and management of common property in the portion which co-owner has ownership in common property or portion of benefit against condominium unit as prescribed in regulation.
3. Co-ownership of co-owner between condominium unit i.e. room floor, room wall which divided condominium unit which is not the structure of the building.
Buying of land with structure under land appropriated project
The buyer of land with structure under land appropriated project is the proprietor of a piece of land and structure identified in contract registered by competent officer. The proprietor of such property is completely empower to dispose of his property, utilize, heir out or perform any charge on immovable property unconditionally valid as prescribed in the principle of the law in section 1336 of the Civil and Commercial Code.
However, street, garden, playground and other infrastructure in the project which the land developer provided for the project in accordance with the approved plan and project fall into servitude for the benefit of appropriated land. The land developer is obligated to maintain this property the same nature as originally made and could not perform any action to the extent that the benefit of servitude property is impaired or deteriorated. Therefore, expense for maintenance of this infrastructure would be paid by land developer and could not claim back for the buyer unless any action has been taken as follows;
(1) The buyer has established land appropriate juristic person according to Land Development Act B.E. 2543 or juristic person of other legislations and property used as infrastructure has been transferred to procure and maintain by the juristic person.
(2) The buyer has granted approval by the Land Development Committee to proceed in any respect for infrastructure maintenance.
(3) The buyer has transferred property used as infrastructure for common interest. Providing that land developer has provided extra facility for public service apart from that has been stipulated in accordance with land appropriated requirements, service and maintenance cost shall be levied from buyer in compliance with ratio approved by Land Development Committee.
Please be informed.
Notified on 14 May B.E. 2553
(signature) Anuwat Maytheewibulwut
(Mr. Anuwat Maytheewibulwut)
Director General
Remark: This information obtained from official website of the land department, http://www.dol.go.th/