CONDOMINIUM ACT
B.E. 2522
BHUMIBHOL ADULYADEJ REX.
Given on the 21st Day of April, B.E. 2522
Being the 34th Year of the Present Reign
His Majesty King Bhumibol Adulyadej is graciously pleased to proclaim that:
Whereas it is expedient to have a law on Condominium:
Be it, therefore, enacted by the King, by and with the advice and consent of the National Legislative Body in the capacity of the National Assembly, as follows:
Section 1 This act shall be called "the Condominium Act B.E. 2522
Section 2 This Act shall come into force from the day following the period of one hundred eighty day from the date of its publication in the Government Gazette.
Section 3 All laws, regulations and rules, in so far as they are provided by this Act or, are contrary to or inconsistent with the provisions of this Act, shall be repealed and replaced by this Act.
Section 4 In this Act:
“Condominium” means a building or a group of buildings where person are able to separately own ownership into parts, each part comprises with ownership in personal property and co-ownership in common property;
“Personal property” means condominium units and includes structures or land designated as the personal property of each unit owner;
“Unit” means part of Condominium that can be separately owned by person;
“Common property” means part of the condominium that is not a condominium unit, the land in which the Condominium is situated and land or other properties available for common use or benefit by co-owners;
“Unit title deed” means a title deed showing ownership in personal property and co-ownership in common property;
“Co-owners” means the unit owner in each condominium;
“Condominium Corporation” means a legal person incorporated and registered under this Act;
“Bylaw” means a bylaw of the Condominium Corporation;
“General meeting” means an ordinary or extraordinary meeting of the co-owners, as the case may be;
“Board” means the board of committees of the condominium corporation;
“Committee” means the member of committees of the condominium corporation;
“Manager” means the manager of the condominium corporation;
“Competent Officer” means the officer appointed by the Minister for the execution of this Act;
“Minister” Means the Minister in charge and control of the execution of this Act.
Section 5 The Minister of interior shall be in charge and control of the execution of this Act and shall be authorized to appoint the competent officer, issue Ministerial Regulations prescribing fees and expenses not to exceed the rates annexed to this Act and regulate other activities for implementation under this Act.
The Ministerial Regulations shall come into force upon their publication in the Government Gazette.
Whereas it is expedient to have a law on Condominium:
Be it, therefore, enacted by the King, by and with the advice and consent of the National Legislative Body in the capacity of the National Assembly, as follows:
Section 1 This act shall be called "the Condominium Act B.E. 2522
Section 2 This Act shall come into force from the day following the period of one hundred eighty day from the date of its publication in the Government Gazette.
Section 3 All laws, regulations and rules, in so far as they are provided by this Act or, are contrary to or inconsistent with the provisions of this Act, shall be repealed and replaced by this Act.
Section 4 In this Act:
“Condominium” means a building or a group of buildings where person are able to separately own ownership into parts, each part comprises with ownership in personal property and co-ownership in common property;
“Personal property” means condominium units and includes structures or land designated as the personal property of each unit owner;
“Unit” means part of Condominium that can be separately owned by person;
“Common property” means part of the condominium that is not a condominium unit, the land in which the Condominium is situated and land or other properties available for common use or benefit by co-owners;
“Unit title deed” means a title deed showing ownership in personal property and co-ownership in common property;
“Co-owners” means the unit owner in each condominium;
“Condominium Corporation” means a legal person incorporated and registered under this Act;
“Bylaw” means a bylaw of the Condominium Corporation;
“General meeting” means an ordinary or extraordinary meeting of the co-owners, as the case may be;
“Board” means the board of committees of the condominium corporation;
“Committee” means the member of committees of the condominium corporation;
“Manager” means the manager of the condominium corporation;
“Competent Officer” means the officer appointed by the Minister for the execution of this Act;
“Minister” Means the Minister in charge and control of the execution of this Act.
Section 5 The Minister of interior shall be in charge and control of the execution of this Act and shall be authorized to appoint the competent officer, issue Ministerial Regulations prescribing fees and expenses not to exceed the rates annexed to this Act and regulate other activities for implementation under this Act.
The Ministerial Regulations shall come into force upon their publication in the Government Gazette.
CHAPTER 1
CONDOMINIUM REGISTRATION
Section 6 Any person having ownership of land and building(s), wishes to register such land and building(s) as the condominium under this Act shall file an application to the competent officer together with the following evidences and details:
(1) Land title deed;
(2) Condominium plan including the access way to the public road;
(3) Condominium unit particulars, list of personal property and common property, including total floor area together with the purpose of use to each part and other particulars as prescribed by the Minister;
(4) Calculation of the proportion of co-ownership in the common property for each unit owner pursuant to Section 14;
(5) Declaration of the applicant declaring that the building(s) applying for the condominium registration is not under any obligation except for the mortgage of the building together with the land;
(6) Draft of the bylaw;
(7) Other evidences as specified by a Ministerial Regulation.”
Section 6/1 In the case of the applicant under Section 6 has advertised the sale of the units in the condominium, all copies of brochures or pictures that has been published or purchasing invitation letters that were published in any way must be kept in his office until all units are sold out, and at least one copy of each such material must be delivered and kept at the condominium corporation office.
Publication of a condominium for sale must be identical to the evidence and specification stated under Section 6. Advertising text or pictures available to the public must be matched with the registered evidence and details of common properties. In addition, the items stipulated under Section 15, must also be clearly shown.
It is deemed that all advertising materials, text, photos, sale letters, are part of the condominium sale and purchase contract, as the case may be. Any inconsistence between the advertising materials and the contract, it shall be interpreted in the favor of the buyer.
Section 6/2 The condominium sale and purchase contract between the developer who is the owner of the land and the building(s) under Section 6 and the buyer shall be made in the standard format prescribed by the Minister.
Any part of the sale and purchase contract under the foregoing paragraph not made in line with the standard format, if such part is not made in favor of the buyer, it shall be unenforceable.
Section 7 Upon receipt of an application of condominium registration by the competent officer pursuant to Section 6 if on the land title deed there is mortgage or any person having preferential right over the land and the building(s), the competent officer shall announce the application as well as notify the said mortgagee or person in writing to report to the competent officer and present evidence within thirty days from the day of receipt of such notification.
When the competent officer determines that the application is proper and the land is free from the any obligation or the land is under mortgage but the mortgagee giving consents to the condominium registration. He shall proceed to register it as a Condominium. But no building under mortgage that does not mortgage together with the land shall be registered as a Condominium.
In the event the competent officer determines that the application for a Condominium registration is improper, he shall dismiss the application and send a written notice to the applicant together with reason without delay.
The Competent officer shall announce the Condominium registration by publication in the Government Gazette.
Section 8 Application for condominium registration pursuant to section 6, announcement, notification and registration procedure pursuant to Section 7 shall be in accordance to the criteria, procedures and conditions prescribed in the Ministerial Regulation.
Section 9 Upon registration of condominium, the competent officer shall deliver the land title deed submitted pursuant to Section 6 to the land office where the condominium is situated within fifteen days for recording in the registration index of land title deed that the land is governed under this Act and shall maintain such land title deed.
In the case of the land is under mortgage but the consent from the mortgagee for condominium registration is granted, the competent officer shall record such consent pursuant to third paragraph of Section 7 as well as the share for each unit to be divided and separately paid to the mortgagee as mortgage repayment pursuant to Section 22.
Section 10 After the Condominium has been registered and the competent officer has recorded the registration in the land title deed pursuant to Section 9, all registration concerning to the land shall be prohibited, except for the cases provided under this Act, and no encumbrance shall be created and registered against the condominium.
Section 11 In the event that the competent officer dismisses the application of condominium registration, the applicant may make an appeal in writing to the Minister within thirty days from the day of knowledge of the order.
Minister shall decide the appeal within sixty days from the day of receipt of the appeal. Such decision of the Minister shall be final.
(1) Land title deed;
(2) Condominium plan including the access way to the public road;
(3) Condominium unit particulars, list of personal property and common property, including total floor area together with the purpose of use to each part and other particulars as prescribed by the Minister;
(4) Calculation of the proportion of co-ownership in the common property for each unit owner pursuant to Section 14;
(5) Declaration of the applicant declaring that the building(s) applying for the condominium registration is not under any obligation except for the mortgage of the building together with the land;
(6) Draft of the bylaw;
(7) Other evidences as specified by a Ministerial Regulation.”
Section 6/1 In the case of the applicant under Section 6 has advertised the sale of the units in the condominium, all copies of brochures or pictures that has been published or purchasing invitation letters that were published in any way must be kept in his office until all units are sold out, and at least one copy of each such material must be delivered and kept at the condominium corporation office.
Publication of a condominium for sale must be identical to the evidence and specification stated under Section 6. Advertising text or pictures available to the public must be matched with the registered evidence and details of common properties. In addition, the items stipulated under Section 15, must also be clearly shown.
It is deemed that all advertising materials, text, photos, sale letters, are part of the condominium sale and purchase contract, as the case may be. Any inconsistence between the advertising materials and the contract, it shall be interpreted in the favor of the buyer.
Section 6/2 The condominium sale and purchase contract between the developer who is the owner of the land and the building(s) under Section 6 and the buyer shall be made in the standard format prescribed by the Minister.
Any part of the sale and purchase contract under the foregoing paragraph not made in line with the standard format, if such part is not made in favor of the buyer, it shall be unenforceable.
Section 7 Upon receipt of an application of condominium registration by the competent officer pursuant to Section 6 if on the land title deed there is mortgage or any person having preferential right over the land and the building(s), the competent officer shall announce the application as well as notify the said mortgagee or person in writing to report to the competent officer and present evidence within thirty days from the day of receipt of such notification.
When the competent officer determines that the application is proper and the land is free from the any obligation or the land is under mortgage but the mortgagee giving consents to the condominium registration. He shall proceed to register it as a Condominium. But no building under mortgage that does not mortgage together with the land shall be registered as a Condominium.
In the event the competent officer determines that the application for a Condominium registration is improper, he shall dismiss the application and send a written notice to the applicant together with reason without delay.
The Competent officer shall announce the Condominium registration by publication in the Government Gazette.
Section 8 Application for condominium registration pursuant to section 6, announcement, notification and registration procedure pursuant to Section 7 shall be in accordance to the criteria, procedures and conditions prescribed in the Ministerial Regulation.
Section 9 Upon registration of condominium, the competent officer shall deliver the land title deed submitted pursuant to Section 6 to the land office where the condominium is situated within fifteen days for recording in the registration index of land title deed that the land is governed under this Act and shall maintain such land title deed.
In the case of the land is under mortgage but the consent from the mortgagee for condominium registration is granted, the competent officer shall record such consent pursuant to third paragraph of Section 7 as well as the share for each unit to be divided and separately paid to the mortgagee as mortgage repayment pursuant to Section 22.
Section 10 After the Condominium has been registered and the competent officer has recorded the registration in the land title deed pursuant to Section 9, all registration concerning to the land shall be prohibited, except for the cases provided under this Act, and no encumbrance shall be created and registered against the condominium.
Section 11 In the event that the competent officer dismisses the application of condominium registration, the applicant may make an appeal in writing to the Minister within thirty days from the day of knowledge of the order.
Minister shall decide the appeal within sixty days from the day of receipt of the appeal. Such decision of the Minister shall be final.
CHAPTER 2
OWNERSHIP OF THE UNIT
Section 12 Ownership of the unit is indivisible.
Section 13 The unit owners shall have ownership in their personal property and shall have co-ownership in the common property.
The floor and the wall between any units shall be the jointed property of the owners of such units, and the exercise of rights to the said property shall be in line with the bylaw.
The unit owner shall not do any act to his own personal property in any manner that may endanger the structure, stability and the prevention of damages to the condominium, or do any act that is prohibited as prescribed in the bylaws.
Section 14 The proportion of co-ownership in the common property for each unit owner shall be according to the ratio between the area of each unit and the total combined area of all units in the condominium at the time of registration of condominium pursuant to Section 6.
Section 15 The following properties shall be deemed as the common property;
(1) Land where the condominium is situated;
(2) Land available for common use and benefit;
(3) Structures and any construction built for stability and prevention of damages to the condominium;
(4) Building or part thereof and equipments available for common use and benefit;
(5) Tools and utensils available for common use and benefit;
(6) Premise available for common services to the condominium;
(7) Other properties available for common use and benefit;
(8) Office of the Condominium Corporation;
(9) Immovable property purchased or acquired under Section 48(1);
(10) Structure or system provided for security or environment within the condominium, such as fire prevention system, lighting, air ventilation, air conditioning, drainage system, waste water treatment or disposal of garbage and refuse;
(11) Any property using the money under Section 18 for maintenance.
Section 16 The common property which is immovable property shall not be brought to the court proceedings for division, forced mortgage or forced auction from the personal property.
Section 17 The management and the use of common property shall be in accordance with this Act and the bylaws.
Section 17/1 In the case of providing the area within the condominium for commercial activities, there must be an arrangement of a particular access system to such commercial area for preventing any disturbance to the peaceful living of the unit owners.
No person shall be allowed to operate any commercial activity in the condominium except the business within the commercial area of condominium as provided in the first paragraph.
Section 18 All unit owners shall jointly contribute the tax expense according to their proportion of co-ownership in the common property under Section 14.
All unit owners shall jointly contribute towards the expenses arisen from common services and to those arisen from tools and utensils, including all facilities available for common use and benefit as well as expenses arisen from management and maintenance of the common property, provided that according to their proportion of co-ownership in the common property under Section 14 or their proportion of benefit to each unit, provided that as prescribed in the bylaws.
The person having ownership in the land and building (s) under Section 6 shall be the unit owner of the units that has not yet been transferred to another and shall contribute the common expenses under the first and the second paragraph for those units.
Section 18/1 In the event that the unit owner fails to contribute the common expenses under Section 18 within the due date, he shall be subject to an additional allowance at the rate not more than 12% per annum of the outstanding amount without compound interest, provided that as prescribed in the bylaw.
The unit owner who has not contributed the common expenses under Section 18 from six months shall be subject to an additional allowance at the rate not more than 20% per annum and shall be suspended from the common services or the use of the common property as prescribed in the bylaws and shall have no right to cast a vote in the general meeting.
An additional allowance under the first paragraph shall be deemed the common expense under Section 18.
Section 19 Foreigner or foreign legal person may own the ownership of condominium unit if they have any of the following qualifications:
(1) Foreigner permitted to reside in the Kingdom under the immigration law;
(2) Foreigner permitted to enter into the Kingdom under the investment promotion law;
(3) Legal persons as prescribed under Section 97 and Section 98 of the land code who is registered and incorporated under the Thai law;
(4) Foreign legal persons under the Announcement of the National Executive Council No.281 dated 24th November 1972 who has an investment promotion certificate under the investment promotion law;
(5) Foreigner or foreign legal person who has brought the foreign currency into the Kingdom or withdrawn the money from non-resident Thai Baht account or withdrawn the money from foreign currency deposit account;
Section 19 bis In a condominium, foreigner or legal person as specified in Section 19 may own ownership of the units but the combined unit area owned by all of them shall not more than 49% of the total area of all units in the condominium at the time of registering the condominium under Section 6.
Section 19 tri Transfer ownership of the unit to foreigner or legal person as specified in Section 19, the transferor shall notify and submit a report to the competent officer for all names of foreigner or legal person as specified in Section 19 together with the percentage of the unit area owned by them and the foreign transferee shall also present the following evidences to the competent officer:
(1) If the transferee is the person as specified in Section 19 (1), he shall present the residence permit according to the immigration law;
(2) If the transferee is the person as specified in Section 19 (2), he shall present the permit to enter into Thailand according to the investment promotion law;
(3) If the transferee is the person as specified in Section 19 (3), he shall present the documents showing that the legal person is registered under the law of Thailand;
(4) If the transferee is the person as specified in Section 19 (4), he shall present the investment promotion certificate issued under the investment promotion law;
(5) If the transferee is the person as specified in Section 19 (5), he shall present the document showing the transfer of foreign currency into Thailand or showing the withdrawal of monies from non-resident Thai Baht account or showing the withdrawal of foreign currency from the foreign currency deposit account, provided that for the amount not less than the purchase price of the unit;
Section 19 quarter Upon receipt by the competent officer of the document and the evidence according to Section 19 tri, after having examined and if the competent officer is in the opinion that the document and the evidence is proper under Section 19 tri and the percentage of foreign ownership is not more than the legal limitation as prescribed in Section 19 bis, the competent officer shall proceed the registration of transfer ownership of the unit to such foreigner or such legal person.
Section 19 quinque Foreigner or legal person as specified in Section 19 must sell their unit by the following circumstances:
(1) If they acquire ownership of another unit by inheritance as the heir, legacy or acquired by other means, as the case may be and when included the new unit with the unit formerly owned, the percentage of foreign ownership in the condominium is up for more than the legal limitation as prescribed under Section 19 bis.
(2) If they are the foreigner as specified in Section 19 (1) and his residence permit was revoked or it is invalid.
(3) If they are the foreigner as specified in Section 19 (1) (2) and (5) and they are banished out of the Kingdom
(4) If they are the foreigner as specified in Section 19 (2) not permitted from investment promotion commission to continue the residence in Thailand;
(5) If they are the foreigner as specified in Section 19 (4) and the investment promotion certificate was revoked.
Foreigner or legal person whose unit is under the forced sell according to the foregoing paragraph shall notify the competent officer in writing within sixty days following the date of the cause of the forced sell incurred.
Provided that for the case under (1), the forced sell shall be applicable to the unit in excess and for the case under (2) (3) (4) and (5), all units owned by them must be sold out.
Selling of the unit according to the third paragraph shall be completed within one year from the acquisition date of ownership in the unit or from the date the residence permit was revoked or invalid or the banished date or the date the investment promotion commission has revoked the residence license or the date the investment promotion certificate was revoked, as the case may be. Failure to sell within the fixed period, the director of the land department shall be authorized to sell the unit. The provisions of forced sell of land under Chapter 3 of the Land Code and its Ministerial regulation shall be applicable to the forced sell of the condominium unit, mutatis mutandis.
Section 19 sex When the authority revokes the residence permit or it appears that the residence permit for the foreigner as specified in Section 19 (1) is invalid or when the authority issues an order of banishment to the foreigner as specified in Section 19 (1) (2) or (5) or when the authority revokes the residence permit for the foreigner specified in Section (2) or the authority revokes the investment promotion certificate for the legal person as specified in Section 19 (4), as the case may be, the authority shall notify the general director of the land department within sixty days from the date of issue of the order or from the disclosure date of the fact.
Section 19 septum If foreigner or foreign legal person except those classified under Section 19 has acquired ownership of the unit by inheritance or by other mode, as the case may be, he must notify the competent officer in writing within sixty day from the acquisition date of ownership and shall dispose the same within one year from the acquisition date of ownership of the unit, failure to do so, the provisions in the fourth paragraph of Section 19 quinque shall be applicable, mutatis mutandis.
Section 19 octo Any person acquires ownership of the unit while holding Thai nationality but later loses Thai nationality by renouncing Thai nationality, nationalization as another or having Thai nationality been revoked under the laws on Thai nationality and if such person is not the foreigner as classified in Section 19, he, within sixty days from the date of loss of Thai nationality shall notify the competent officer in writing for the loss of Thai nationality and the inability of owning ownership of the unit. The unit(s) shall be sold within one year from the date of loss of Thai nationality, failure to do so within the fixed period, the provisions in paragraph fourth of Section 19 quinque shall be applicable, mutatis mutandis.
Section 19 novem Any person acquires ownership of the unit while holding Thai nationality but later loses Thai nationality by renouncing Thai nationality, nationalization as another or having Thai nationality been revoked under the laws on Thai nationality and if such person is the foreigner as classified in Section 19, if he desires to continue owning ownership of the unit, he shall notify the competent officer in writing for the loss of Thai nationality and shall submit the evidence showing that he is the foreigner under Section 19 within one hundred and eighty days from the date of loss of Thai nationality. However, if the foreign ownership exceeds the legal limitation as prescribed under Section 19 bis, such unit(s) in excess shall be sold within one year from the date of loss of Thai nationality, failure to do so within the fixed period, the provisions in paragraph fourth of Section 19 quinque shall be applicable, mutatis mutandis.
If the person as mentioned in the first paragraph does not desire to continue his ownership of the unit, he shall notify the competent officer in writing for the loss of Thai nationality within sixty days from the date of loss of Thai nationality. The unit(s) shall be sold within one year from the date of loss of Thai nationality, failure to do so within the fixed period, the provisions in paragraph fourth of Section 19 quinque shall be applicable, mutatis mutandis.
Section 19 decem Any Thai legal person which have ownership of the unit, if later the Thai legal person become a foreign legal person not classified under Section 19, such legal person shall notify the competent officer in writing for the change of its structure and the inability of owning ownership of the unit within sixty days from the date of change of the structure. The unit(s) shall be sold within one year from the date of change of the structure, failure to do so within the fixed period, the provisions in paragraph fourth of Section 19 quinque shall be applicable, mutatis mutandis.
Section 19 undecim Any Thai legal person which have ownership of the unit, if later the Thai legal person become a foreign legal person as classified under Section 19, if such legal person desires to continue owning ownership of the unit, they shall notify the competent officer in writing for the change of the structure and shall submit the evidence showing that they are the foreign legal person under Section 19 within one hundred and eighty days from the date of change of the structure. However, if the foreign ownership exceeds the legal limitation as prescribed under Section 19 bis, such unit(s) in excess shall be sold within one year from the date of change of the structure, failure to do so within the fixed period, the provisions in paragraph fourth of Section 19 quinque shall be applicable, mutatis mutandis.
If the legal person as mentioned in the first paragraph does not desire to continue their ownership of the unit, they shall notify the competent officer in writing for the change of the structure within sixty days from the date of change of the structure. The unit(s) shall be sold within one year from the date of change of the structure, failure to do so within the fixed period, the provisions in paragraph fourth of Section 19 quinque shall be applicable, mutatis mutandis.
Section 13 The unit owners shall have ownership in their personal property and shall have co-ownership in the common property.
The floor and the wall between any units shall be the jointed property of the owners of such units, and the exercise of rights to the said property shall be in line with the bylaw.
The unit owner shall not do any act to his own personal property in any manner that may endanger the structure, stability and the prevention of damages to the condominium, or do any act that is prohibited as prescribed in the bylaws.
Section 14 The proportion of co-ownership in the common property for each unit owner shall be according to the ratio between the area of each unit and the total combined area of all units in the condominium at the time of registration of condominium pursuant to Section 6.
Section 15 The following properties shall be deemed as the common property;
(1) Land where the condominium is situated;
(2) Land available for common use and benefit;
(3) Structures and any construction built for stability and prevention of damages to the condominium;
(4) Building or part thereof and equipments available for common use and benefit;
(5) Tools and utensils available for common use and benefit;
(6) Premise available for common services to the condominium;
(7) Other properties available for common use and benefit;
(8) Office of the Condominium Corporation;
(9) Immovable property purchased or acquired under Section 48(1);
(10) Structure or system provided for security or environment within the condominium, such as fire prevention system, lighting, air ventilation, air conditioning, drainage system, waste water treatment or disposal of garbage and refuse;
(11) Any property using the money under Section 18 for maintenance.
Section 16 The common property which is immovable property shall not be brought to the court proceedings for division, forced mortgage or forced auction from the personal property.
Section 17 The management and the use of common property shall be in accordance with this Act and the bylaws.
Section 17/1 In the case of providing the area within the condominium for commercial activities, there must be an arrangement of a particular access system to such commercial area for preventing any disturbance to the peaceful living of the unit owners.
No person shall be allowed to operate any commercial activity in the condominium except the business within the commercial area of condominium as provided in the first paragraph.
Section 18 All unit owners shall jointly contribute the tax expense according to their proportion of co-ownership in the common property under Section 14.
All unit owners shall jointly contribute towards the expenses arisen from common services and to those arisen from tools and utensils, including all facilities available for common use and benefit as well as expenses arisen from management and maintenance of the common property, provided that according to their proportion of co-ownership in the common property under Section 14 or their proportion of benefit to each unit, provided that as prescribed in the bylaws.
The person having ownership in the land and building (s) under Section 6 shall be the unit owner of the units that has not yet been transferred to another and shall contribute the common expenses under the first and the second paragraph for those units.
Section 18/1 In the event that the unit owner fails to contribute the common expenses under Section 18 within the due date, he shall be subject to an additional allowance at the rate not more than 12% per annum of the outstanding amount without compound interest, provided that as prescribed in the bylaw.
The unit owner who has not contributed the common expenses under Section 18 from six months shall be subject to an additional allowance at the rate not more than 20% per annum and shall be suspended from the common services or the use of the common property as prescribed in the bylaws and shall have no right to cast a vote in the general meeting.
An additional allowance under the first paragraph shall be deemed the common expense under Section 18.
Section 19 Foreigner or foreign legal person may own the ownership of condominium unit if they have any of the following qualifications:
(1) Foreigner permitted to reside in the Kingdom under the immigration law;
(2) Foreigner permitted to enter into the Kingdom under the investment promotion law;
(3) Legal persons as prescribed under Section 97 and Section 98 of the land code who is registered and incorporated under the Thai law;
(4) Foreign legal persons under the Announcement of the National Executive Council No.281 dated 24th November 1972 who has an investment promotion certificate under the investment promotion law;
(5) Foreigner or foreign legal person who has brought the foreign currency into the Kingdom or withdrawn the money from non-resident Thai Baht account or withdrawn the money from foreign currency deposit account;
Section 19 bis In a condominium, foreigner or legal person as specified in Section 19 may own ownership of the units but the combined unit area owned by all of them shall not more than 49% of the total area of all units in the condominium at the time of registering the condominium under Section 6.
Section 19 tri Transfer ownership of the unit to foreigner or legal person as specified in Section 19, the transferor shall notify and submit a report to the competent officer for all names of foreigner or legal person as specified in Section 19 together with the percentage of the unit area owned by them and the foreign transferee shall also present the following evidences to the competent officer:
(1) If the transferee is the person as specified in Section 19 (1), he shall present the residence permit according to the immigration law;
(2) If the transferee is the person as specified in Section 19 (2), he shall present the permit to enter into Thailand according to the investment promotion law;
(3) If the transferee is the person as specified in Section 19 (3), he shall present the documents showing that the legal person is registered under the law of Thailand;
(4) If the transferee is the person as specified in Section 19 (4), he shall present the investment promotion certificate issued under the investment promotion law;
(5) If the transferee is the person as specified in Section 19 (5), he shall present the document showing the transfer of foreign currency into Thailand or showing the withdrawal of monies from non-resident Thai Baht account or showing the withdrawal of foreign currency from the foreign currency deposit account, provided that for the amount not less than the purchase price of the unit;
Section 19 quarter Upon receipt by the competent officer of the document and the evidence according to Section 19 tri, after having examined and if the competent officer is in the opinion that the document and the evidence is proper under Section 19 tri and the percentage of foreign ownership is not more than the legal limitation as prescribed in Section 19 bis, the competent officer shall proceed the registration of transfer ownership of the unit to such foreigner or such legal person.
Section 19 quinque Foreigner or legal person as specified in Section 19 must sell their unit by the following circumstances:
(1) If they acquire ownership of another unit by inheritance as the heir, legacy or acquired by other means, as the case may be and when included the new unit with the unit formerly owned, the percentage of foreign ownership in the condominium is up for more than the legal limitation as prescribed under Section 19 bis.
(2) If they are the foreigner as specified in Section 19 (1) and his residence permit was revoked or it is invalid.
(3) If they are the foreigner as specified in Section 19 (1) (2) and (5) and they are banished out of the Kingdom
(4) If they are the foreigner as specified in Section 19 (2) not permitted from investment promotion commission to continue the residence in Thailand;
(5) If they are the foreigner as specified in Section 19 (4) and the investment promotion certificate was revoked.
Foreigner or legal person whose unit is under the forced sell according to the foregoing paragraph shall notify the competent officer in writing within sixty days following the date of the cause of the forced sell incurred.
Provided that for the case under (1), the forced sell shall be applicable to the unit in excess and for the case under (2) (3) (4) and (5), all units owned by them must be sold out.
Selling of the unit according to the third paragraph shall be completed within one year from the acquisition date of ownership in the unit or from the date the residence permit was revoked or invalid or the banished date or the date the investment promotion commission has revoked the residence license or the date the investment promotion certificate was revoked, as the case may be. Failure to sell within the fixed period, the director of the land department shall be authorized to sell the unit. The provisions of forced sell of land under Chapter 3 of the Land Code and its Ministerial regulation shall be applicable to the forced sell of the condominium unit, mutatis mutandis.
Section 19 sex When the authority revokes the residence permit or it appears that the residence permit for the foreigner as specified in Section 19 (1) is invalid or when the authority issues an order of banishment to the foreigner as specified in Section 19 (1) (2) or (5) or when the authority revokes the residence permit for the foreigner specified in Section (2) or the authority revokes the investment promotion certificate for the legal person as specified in Section 19 (4), as the case may be, the authority shall notify the general director of the land department within sixty days from the date of issue of the order or from the disclosure date of the fact.
Section 19 septum If foreigner or foreign legal person except those classified under Section 19 has acquired ownership of the unit by inheritance or by other mode, as the case may be, he must notify the competent officer in writing within sixty day from the acquisition date of ownership and shall dispose the same within one year from the acquisition date of ownership of the unit, failure to do so, the provisions in the fourth paragraph of Section 19 quinque shall be applicable, mutatis mutandis.
Section 19 octo Any person acquires ownership of the unit while holding Thai nationality but later loses Thai nationality by renouncing Thai nationality, nationalization as another or having Thai nationality been revoked under the laws on Thai nationality and if such person is not the foreigner as classified in Section 19, he, within sixty days from the date of loss of Thai nationality shall notify the competent officer in writing for the loss of Thai nationality and the inability of owning ownership of the unit. The unit(s) shall be sold within one year from the date of loss of Thai nationality, failure to do so within the fixed period, the provisions in paragraph fourth of Section 19 quinque shall be applicable, mutatis mutandis.
Section 19 novem Any person acquires ownership of the unit while holding Thai nationality but later loses Thai nationality by renouncing Thai nationality, nationalization as another or having Thai nationality been revoked under the laws on Thai nationality and if such person is the foreigner as classified in Section 19, if he desires to continue owning ownership of the unit, he shall notify the competent officer in writing for the loss of Thai nationality and shall submit the evidence showing that he is the foreigner under Section 19 within one hundred and eighty days from the date of loss of Thai nationality. However, if the foreign ownership exceeds the legal limitation as prescribed under Section 19 bis, such unit(s) in excess shall be sold within one year from the date of loss of Thai nationality, failure to do so within the fixed period, the provisions in paragraph fourth of Section 19 quinque shall be applicable, mutatis mutandis.
If the person as mentioned in the first paragraph does not desire to continue his ownership of the unit, he shall notify the competent officer in writing for the loss of Thai nationality within sixty days from the date of loss of Thai nationality. The unit(s) shall be sold within one year from the date of loss of Thai nationality, failure to do so within the fixed period, the provisions in paragraph fourth of Section 19 quinque shall be applicable, mutatis mutandis.
Section 19 decem Any Thai legal person which have ownership of the unit, if later the Thai legal person become a foreign legal person not classified under Section 19, such legal person shall notify the competent officer in writing for the change of its structure and the inability of owning ownership of the unit within sixty days from the date of change of the structure. The unit(s) shall be sold within one year from the date of change of the structure, failure to do so within the fixed period, the provisions in paragraph fourth of Section 19 quinque shall be applicable, mutatis mutandis.
Section 19 undecim Any Thai legal person which have ownership of the unit, if later the Thai legal person become a foreign legal person as classified under Section 19, if such legal person desires to continue owning ownership of the unit, they shall notify the competent officer in writing for the change of the structure and shall submit the evidence showing that they are the foreign legal person under Section 19 within one hundred and eighty days from the date of change of the structure. However, if the foreign ownership exceeds the legal limitation as prescribed under Section 19 bis, such unit(s) in excess shall be sold within one year from the date of change of the structure, failure to do so within the fixed period, the provisions in paragraph fourth of Section 19 quinque shall be applicable, mutatis mutandis.
If the legal person as mentioned in the first paragraph does not desire to continue their ownership of the unit, they shall notify the competent officer in writing for the change of the structure within sixty days from the date of change of the structure. The unit(s) shall be sold within one year from the date of change of the structure, failure to do so within the fixed period, the provisions in paragraph fourth of Section 19 quinque shall be applicable, mutatis mutandis.
CHAPTER 3
THE UNIT TITLE DEED
Section 20 After the condominium has been registered under Section 7, the competent officer shall without delay, issue the unit title deed according to the registered condominium plan.
Any registration in connection with the unit shall be prohibited until the condominium corporation is registered under Section 31, except for the registration of redemption of mortgage under Section 22 or the registration of transfer ownership of all units to a person or a group of persons for their co-ownership in those units.
Section 21 The unit title deed shall at least contain with the following particulars:
(1) Location and total area of land where the condominium is situated;
(2) Location, space and drawing of the unit showing width, length and height;
(3) Proportion of co-ownership in the common property;
(4) Full name of the unit owner;
(5) Content for registrations;
(6) Signature of the competent officer;
(7) Competent officer’s position seal;
The unit title deed shall be made in duplicate, one shall be delivered to the unit owner and another shall be retained at the local land office. The copy retained at the local land office may be made in a photo copy, upon which the signature and position seal of the competent officer are required to be affixed thereto.
Template, criteria and procedures for the issuance of the unit title deed including its substitute shall be prescribed by the Ministerial Regulation.
Section 22 In the event that the immovable property pursuant to Section 15 (1) or (2) is under mortgage prior to the condominium registration but the mortgagee giving a consent for the condominium registration pursuant to Section 7, third paragraph, upon issuing the unit title deed, the competent officer shall record the mortgage in every unit title deeds, and specify the amount of the mortgage repayment to be received by the mortgagee from each unit. The liable amount of mortgage repayment for each unit shall be calculated by using the proportion of co-ownership of each unit.
After the unit title deed has been issued pursuant to the first paragraph, it shall be deemed that each unit is liable for the mortgage payment in some part as certainly specified in the unit title deed.
Section 23 In the event the competent officer has recorded the mortgage in the unit title deed pursuant to Section 22, the first transfer of ownership of the unit from the applicant to another shall be made with free and clear from mortgage liability.
Section 24 Where it appears that the issue of the unit title deed, registration of right and legal act in connection with the unit, or the record in the table of content for registration is a deviation from the truth or unlawful, the competent officer shall be authorized to revoke or amend the same, as the case may be.
The competent officer shall have authority to investigate and demand the presentation of the unit title deed, registered documents, documents referred to in the content of registration or other relevant documents. But before making an order of revocation or amendment, the competent officer shall notify related persons in advance for not less than fifteen days for any pretest. If there is no protest within thirty days from the date of receipt of the notice from the competent officer, it shall be deemed no protest. In the case the competent officer is unable to call for the unit title deed, the competent officer shall have authority to issue a substitute instead.
Where the competent officer under the first paragraph having made any decision, such shall be carried out accordingly.
If there is a final judgment or court’s order to withdraw or make amendment in whatever manner, the competent officer shall do so accordingly.
Section 25 Any loss or material damage of the unit title deed shall entitle the owner to apply for the substitute.
Section 26 If the substitute of the unit title deed is issued under Section 24 or Section 25, the original unit title deed shall be cancelled, unless the court issues an order otherwise.
Section 27 If the copy of the unit title deed retained at the local land office is lost or damaged in material part, the competent officer shall have authority to call for another which is retained by the unit owner for consideration and making a new copy by using the original evidence.
Any registration in connection with the unit shall be prohibited until the condominium corporation is registered under Section 31, except for the registration of redemption of mortgage under Section 22 or the registration of transfer ownership of all units to a person or a group of persons for their co-ownership in those units.
Section 21 The unit title deed shall at least contain with the following particulars:
(1) Location and total area of land where the condominium is situated;
(2) Location, space and drawing of the unit showing width, length and height;
(3) Proportion of co-ownership in the common property;
(4) Full name of the unit owner;
(5) Content for registrations;
(6) Signature of the competent officer;
(7) Competent officer’s position seal;
The unit title deed shall be made in duplicate, one shall be delivered to the unit owner and another shall be retained at the local land office. The copy retained at the local land office may be made in a photo copy, upon which the signature and position seal of the competent officer are required to be affixed thereto.
Template, criteria and procedures for the issuance of the unit title deed including its substitute shall be prescribed by the Ministerial Regulation.
Section 22 In the event that the immovable property pursuant to Section 15 (1) or (2) is under mortgage prior to the condominium registration but the mortgagee giving a consent for the condominium registration pursuant to Section 7, third paragraph, upon issuing the unit title deed, the competent officer shall record the mortgage in every unit title deeds, and specify the amount of the mortgage repayment to be received by the mortgagee from each unit. The liable amount of mortgage repayment for each unit shall be calculated by using the proportion of co-ownership of each unit.
After the unit title deed has been issued pursuant to the first paragraph, it shall be deemed that each unit is liable for the mortgage payment in some part as certainly specified in the unit title deed.
Section 23 In the event the competent officer has recorded the mortgage in the unit title deed pursuant to Section 22, the first transfer of ownership of the unit from the applicant to another shall be made with free and clear from mortgage liability.
Section 24 Where it appears that the issue of the unit title deed, registration of right and legal act in connection with the unit, or the record in the table of content for registration is a deviation from the truth or unlawful, the competent officer shall be authorized to revoke or amend the same, as the case may be.
The competent officer shall have authority to investigate and demand the presentation of the unit title deed, registered documents, documents referred to in the content of registration or other relevant documents. But before making an order of revocation or amendment, the competent officer shall notify related persons in advance for not less than fifteen days for any pretest. If there is no protest within thirty days from the date of receipt of the notice from the competent officer, it shall be deemed no protest. In the case the competent officer is unable to call for the unit title deed, the competent officer shall have authority to issue a substitute instead.
Where the competent officer under the first paragraph having made any decision, such shall be carried out accordingly.
If there is a final judgment or court’s order to withdraw or make amendment in whatever manner, the competent officer shall do so accordingly.
Section 25 Any loss or material damage of the unit title deed shall entitle the owner to apply for the substitute.
Section 26 If the substitute of the unit title deed is issued under Section 24 or Section 25, the original unit title deed shall be cancelled, unless the court issues an order otherwise.
Section 27 If the copy of the unit title deed retained at the local land office is lost or damaged in material part, the competent officer shall have authority to call for another which is retained by the unit owner for consideration and making a new copy by using the original evidence.
CHAPTER 4
REGISTRATION OF RIGHT AND LEGAL ACT
CHAPTER 5
CONDOMINIUM CORPORATION
CHAPTER 6
DISSOLUTION OF CONDOMINIUM
CHAPTER 6/1
COMPETENT OFFICER
CHAPTER 7
FEES AND EXPENSES
CHAPTER 8
PENALTY PROVISIONS
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