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BANGKOK 21 January 2019 00:04
SlyouThai

Sublease a part of land of a lease

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Hey guys cant find this information. If i lease lets say 1 rai directly to the thai owner , is it possible to sublease only a part of the land ? 

 

Idea would be to get a lease on 1 rai and then have 3 houses built on it with different "owners " as the thai owner doesnt want to bother cutting and stuff. 

 

Is there any way to do that legally ?

 

Could different farangs can apply for building permit on a land with the lessee approval ? 

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It depends what the land title allowes for. It also depends on the mood of the half-gods at the land-office. It also depends on what the village-chief has to say. It also depends on the phase of the moon when applying (full moon=no good.)
In case this is for financial gain, there is a better way:
Sub-Lease your Wife/Girlfriend! No burocratic red-tape and unless your Wife/Girlfriend is ugly, the financial rewards are far greater.:smile:

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Strictly speaking as a foreigner you are prohibited from the leasing out of real estate as per the Foreign Business Act, but in reality in this case it is unlikely to ever be challenged or pointed out by anyone. However it may raise an issue if you planned to lease out the houses long term (ie. longer than 3 years) as you would be required to register the lease at the lands department.

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18 hours ago, robblok said:

Probably only if the lease says that subleasing is allowed. 

sure but in this case its more complex than just sublease i guess , it would be to sublease different part to different people, not sublease the entire land.

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Sorry to jump in here, does anyone know what the Thai name for the 30 year long term lease of land is? Searching since hours 😞

 

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On 1/1/2019 at 1:22 PM, smutcakes said:

Strictly speaking as a foreigner you are prohibited from the leasing out of real estate as per the Foreign Business Act, but in reality in this case it is unlikely to ever be challenged or pointed out by anyone. However it may raise an issue if you planned to lease out the houses long term (ie. longer than 3 years) as you would be required to register the lease at the lands department.

My understanding is that subleasing is illegal in Thailand. Am I misinformed?

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10 hours ago, GalaxyMan said:

My understanding is that subleasing is illegal in Thailand. Am I misinformed?

It is illegal for a foreign company unless you have specific approval from it which i have never seen given. It is a prohibited 'service' activity under list 3 of the FBA. Not to mention it would not be on the business approved activity type of business on company registration.

 

Thai companies are free to sub lease.

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5 hours ago, smutcakes said:

It is illegal for a foreign company unless you have specific approval from it which i have never seen given. It is a prohibited 'service' activity under list 3 of the FBA. Not to mention it would not be on the business approved activity type of business on company registration.

 

Thai companies are free to sub lease.

As a private individual I have rented a house for 5 years. I plan on moving with ~3 years still left on my lease. Am I legally entitled to rent it to someone else for the remainder of my lease term?

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5 minutes ago, GalaxyMan said:

As a private individual I have rented a house for 5 years. I plan on moving with ~3 years still left on my lease. Am I legally entitled to rent it to someone else for the remainder of my lease term?

I asked a lawyer this question directly and they responded that it is kind of a grey area, but is unlikely to ever be looked at or raised as an issue. They actually said it was okay but did not really delve into why it is different to a company under the FBA. Probably one of those just left alone as too big a can of worms to open.

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5 hours ago, smutcakes said:

I asked a lawyer this question directly and they responded that it is kind of a grey area, but is unlikely to ever be looked at or raised as an issue. They actually said it was okay but did not really delve into why it is different to a company under the FBA. Probably one of those just left alone as too big a can of worms to open.

Many thanks for that.

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