Thailand Law Library

by Thailand Lawyer

Chapter 1: Registration of Condominium

Any owner of land and building wishing to register the said land and building as condominium under this act shall file application for registration of condominium with the Competent Official together with:

1. Land title deed,
2. Plan Condominium, including entrances and exits to the public road
3. Details concerning the apartment, personal property and common property, such as; spaces, nature on the utilizations and other interests as set forth by the Minister,
4. Ratio of each owner of the apartment has the ownership in the common property under Section 14,
5. Certificate of the applicant verifying that the building applied for registration as a condominium is free from any encumbrances and not under mortgage except the mortgage of the building with the land, and
6. Draft of the regulations of the condominium juristic person
7. Other evidences as prescribed in the Ministerial Regulations.

In the case of a person having freehold ownership in the land and building in accordance with Section 6 has made the advertisements to sell the units in the condominium, such person must keep in his office copies of the advertising contents or pictures or letters of induction advertised to the general public regardless of in whichever the forms until all units are sold out and, in addition, at least, one set of copies of such documents must be forwarded to the condominium corporate for retention, as well.

Regarding the advertisements on the sales of the units in the condominium on the part relating to the evidences and details set forth under Section 6, the advertising contents and pictures must be identically corresponding to the evidences and details submitted along with the application for registration and must clearly indicate the details relating to common properties apart from being provided under Section 15.

The advertising contents and pictures or letters of induction shall be deemed to be an integral part of the Agreement to Sell a Unit or the Contract of Sale of a Unit, as the case may be. Should the meaning of any contents or pictures be contradictory to or inconsistent with the contents in the Agreement to Sell a Unit or the Contract of Sale of a Unit, the construction thereon shall be made in a manner advantageous to the party to buy or the party buying the unit.

An Agreement to Sell a Unit or a Contract of Sale of a Unit between the person with freehold in the land and building under Section 6 and the party to buy or the party buying the unit shall be made in accordance with the form of the Agreement or Contract set forth by the Minister.

Any part of an Agreement to Sell a Unit or a Contract of Sale of a Unit under paragraph one which is not executed in accordance with the form of the Agreement or Contract set forth by the Minister and is not advantageous to the party to buy the unit or the party buying the unit, such part shall not be enforceable.

Upon the Competent Official having received the application for registration of condominium under Section 6, should there be name of the mortgage creditor or the creditor with preferential right over the said land and building applied for registration in the land title deed, the Competent Official shall publish the said application while in the meantime send written notice to the said creditor to appear to the Competent Official together with evidence within thirty days from the date of receipt of the said written notice.

Upon the Competent Official having considered that the land is free from any binding obligations or in the case the land is under mortgage but the mortgagee has given consent to register as condominium, the official shall accept the application.

In the case where the building is under mortgage which does not include the land, it is prohibited to accept the registration of the condominium. In this case the official shall notify without delay the application of the reasons denying the application.

In the case the registration is accepted, the Competent Official shall publish the registration of Condominium in the Government Gazette.

The application for registration under Section 7 shall be subject to the procedure under this Act.

Upon the Competent Official having accepted the registration of the condominium, the Competent Official shall forward the land title deed filed under Section 6 to the Competent Land official where the Condominium is situated within fifteen days for entry in the index for registration of the land title deed that the said land is subject to the provisions of this Act and retain the said title deed.

In case the land is under mortgage but the mortgagee has given consent to register the condominium, the Competent Official shall make the memorandum of the consent of the mortgagee under Section 7, third paragraph, and the amount the mortgagee will receive settlement of debt from each apartment under Section 22 as well.

Upon registration of condominium and the Competent Official has duly made the memorandum in the land title deed under section 9, it is prohibited to register the rights and juristic acts concerning the said land any further unless in the case provided in this Act and it is prohibited to apply for registration of the said Condominium creating obligations to the said condominium.

In the event the Competent Official having issued an order refusing the registration of the condominium, the applicant has the right to lodge an appeal in writing to the Minister within thirty days from the date of the knowledge of the order.

The minister shall give the determination within sixty days from the date of receipt of the appeal, the determination of the Minister is final.