Thailand Condominium Act : Chapter 3

Thailand Condominium Act
Thailand Condominium Act

Chapter 3 of the Condominium Act spells out the location and registration of the condo unit in Thailand. It also covers how title deeds are viewed in Thailand with regards to condo units. Speak to a lawyer today about the condo market in Thailand.

CHAPTER III

Apartment Title Deed

Section 20 Upon acceptance of the registration of the condominium under Section 7, the Competent Official shall issue apartment title deed according to the plan of the condominium registered without delay.

Registration of rights and juristic acts in connection with the apartment shall not be made until the registration of juristic condominium under Section 31 except the registration of the redemption of mortgage the Competent Official had made the record of such under Section 22 or the transfer of ownership of all the apartments to a single or several persons by holding ownership collectively.

Section 21 The apartment title deed shall at least contain the following main particulars:
(1)     Position of the land and area of the land of the condominium.
(2)     Location, area and plan of the apartment showing the width, length and height.
(3)     Ratio of ownership of common property.
(4)     Name and surname of the person having the ownership of the apartment.
(5)     Index for the registration of rights and juristic acts.
(6)     Signature of the Competent Official.
(7)     Position seal of the Competent Official.

The Apartment title deed shall be made in duplicate, one copy shall be for the person having the ownership of the apartment while the other copy shall be retained at the Office of the Competent Official. With regard to the copy retained at the Office of the Competent Official, it may be a photocopy. In this case it shall be signed by the Competent Official and affixed with the official seal as well.

From, basis and methods in the issuance of apartment title deed including the substitute thereof shall be as prescribed by the Ministerial Regulations.

Section 22 In the event the immovable property under Section 15 (1) or (2) is under mortgage prior to the registration of condominium but the mortgagee had given the consent to register the condominium under Section 7, third paragraph, when issuing the apartment title deed, Competent Official shall mention the applicant to have the ownership of the apartment and record the said mortgage in every apartment title deed together with the amount of money the mortgagee will receive payments of debt from each apartment by computing the said amount of money according to ratio of the ownership in the common property in the index for registration as well.

After having issued the apartment title deed under the first paragraph, it shall be regarded that each apartment is a guarantee of debt on mortgage specifically on the specified in the said apartment title deed.

Section 23 In the case where the Competent Official has duly entered the mortgage of immovable property in the apartment title deed under Section 22; the sale of each apartment for the first time by the person applied for registration of condominium who is the owner in apartment title deed, the transferee of ownership of the apartment shall receive the transfer free of mortgage encumbrance.

Section 24 If it appears that the issuance of apartment title deed, the registration of rights and juristic act in connection with the apartment or the entry in the index for registration is inaccurate or unlawful, the Competent Official shall have the power to withdraw or make amendment, whichever the case may be.

The Competent Official shall have the power to make inquiries and call for the apartment title deed, documents registering the rights and juristic acts, document registering the entry in the index for registration or other relevant documents for consideration, but prior to the withdrawal or amendment, the Competent Official shall give notice to the persons concerned not less than fifteen days in advance for any protest. If there is no protest within thirty days from the date of receipt of the notice, it shall be regarded that there is no protest. In case the Competent Official is unable to call for the apartment title deed for action, the Competent Official shall have the power to issue a substitute of the apartment title deed.

Once the Competent Official with the power under the first paragraph having made any decision, such shall be carried out accordingly.

In the case of the final judgment or order of the Court to withdraw or make amendment in whatever manner, the Competent Official shall do so accordingly to the judgment or order of the Court.

Section 25 In the case of loss or damage of the apartment title deed in the main substance, the owner may apply for the substitute of the said apartment title deed.

Section 26 In the event of the issuance of the substitute of the apartment title deed under Section 24 or Section 25, the original apartment title deed shall be cancelled unless the Court will issue order otherwise.

Section 27 In case where the copy of the apartment title deed retained at the Office of the Competent Official is lost or damaged in the main substance, the Competent Official shall have the power to call for the copy of the owner of the apartment title deed for consideration and make a new copy with the use of original evidence.

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