A multi-unit residential building in Phuket could be registered and licensed as a condominium building and an exact copy of the building in Koh Samui could be a leasehold apartment complex. There is no way to see from the outside if it is a licensed condo or unregistered apartment complex.
The sale and legal structure of a condominium registered under the Thailand condominium Act is completely different from sale and legal structure of an unregistered apartment complex. The main difference is that apartment complexes do not offer freehold ownership over the individual units and are not regulated by specific condominium laws. Apartment complexes are sold under various contract structures which vary from mere apartment leases (where the developer retains full ownership) to leases combined with shares in a holding company. Beware, purchasers of units in apartment complexes do not find protection in the law as with registered condominiums and the contract structures and intention of the developer of an apartment complex should be triple checked.
The main differences are:
A condominium REGISTERED under the Condominium Act offers:
1. Legally recognized government issued and administrated individual ownership title deeds.
2. Foreigners must qualify for ownership within the foreign ownership quota of the condominium.
3. The owners are free to sell, encumber and dispose of their condominium unit.
4. Co-ownership in the common areas of the condominium, including the land on which the building sits.
5. Management and control over the building lies by law with the unit owners and have a legally set democratic voting right system.
6. A condominium development is a contract controlled business and must offer minimum consumer protection.
An apartment complex NOT REGISTERED and licensed as a condominium offers:
1. Individual lease agreements over the units as part of the building.
2. Foreigners do not have to qualify for lease registration under a special law and there is no foreign lease quota.
3. Selling (assigning their interest) requires cooperation of the owner of the building (developer).
4. The occupants of the building are basically tenants and have to comply with rules set by the owner of the building.
5. Control and management over the land and building lies by law with the owner of the land and building.
6. The contract sale structure under which leasehold apartments are sold could go either way, pro lessee or pro lessor/developer.
7. These units are subject to housing and land tax.
Legally there is nothing against leasehold apartments and generally these apartments are less expensive, but these apartment structures do not offer the same protection in the law as is offered in a licensed condominium development project. One offers government control, actual ownership and protection under the Thailand Condominium Act and Consumer Protection laws, the other offers possession through a lease agreement under the Civil and Commercial Code, and if any offer individual protection through private agreements.
Thailand has two ways on how they conduct marriages. The first one is through ceremonies that don’t need to have government requirements before conducting the ceremony. And the other one is through the legal part marriage which is performed in the local office where the couples are registered and have all the documents in Thai language. When you choose to have legal part marriage in Thailand, then you can save more money because there’s no need to invite lots of guests that only you and your fiance and your witnesses are needed to perform the marriage. But of course, there is still reception after the marriage for the celebration of newly wedding couples. The process is very simple but does require lots of documents and lots of process. It starts with going to the agency to file your plans of getting married. Then, the agency will now ask for your documents supporting the fact that you are single and ready to be married. When these are done and the documents have already been checked, it will now go to the other agency which is going to validate your documents and translate them to Thai language. After this process is done, you can now plan for your future family because the agency will now take care of the rest of the processes and will contact you for the date or schedule of your wedding. The process is very simple and just costs less as compared to the wedding celebration using the old method of conducting ceremonies that require more guests, visitors and offerings. You can be married without spending a high amount of money. Before your dream Thailand wedding come true, you need to make sure that you will undergo all legal procedures first. So, why don’t you start as soon as possible in order to get approved by the agency concerned for Thailand marriage?
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The many documents the Thai applicant must obtain.
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The form in English that need to be completed by the Thai applicant.
Knowledge of the Embassy and the process and customs for a successful application.
The many documents that must be supplied by the petitioner.
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