Thailand Law Library

by Thailand Lawyer

Chapter III: Land Development Procedures

If the land developer intends to transfer his or her license, the land developer shall submit an application to the Commission in accordance with the form prescribed by the Central Land Development Commission.

When the Commission considers that the transfer is not detrimental to purchasers of the developed land and the bank or the financial institution, which is the guarantor under section 24 or section 43 paragraph two, has given consent thereto, the Commission shall give permission to the transfer of the license to the transferee.

The fee for the transfer of a license shall be as prescribed in the Ministerial Regulation.

When the license is transferred to the transferee, all rights and duties of the transferor vis-a-vis the purchaser of the developed land are transferred to the transferee.

In the case where the land developed deceases, the administrator of the estate or the heir shall submit to the Commission an application for taking the transfer of the license in accordance with the form prescribed by the Central Land Development Commission within sixty days as from the date of the land developer’s death or within the time extended by the Commission as appropriate. When the Commission has made an inquiry and is satisfied that the applicant has the rights in the developed land, the Commission shall transfer the license to the applicant, and the Commission shall notify it to the bank or the financial institution and the purchaser of the developed land.

If the land developer who deceases has no administrator of the estate or heir or has the administrator of the estate or the heir but such person does not submit an application to the Commission within the time under paragraph one, the purchaser of the developed land shall pay the price of the land under the agreement to sell at the deposit office and section 24 paragraph one shall apply mutatis mutandis.

When the purchaser of the developed land has made full payment of the price of the land under the agreement to sell, section 37 shall apply mutatis mutandis.

In the case where the land developer deceases, whether there is the administrator of the estate or the heir who shall be the transferee of the license or not, it shall be deemed that the bank or the financial institution which is the guarantor under section 24 or section 43 paragraph two shall remain liable under the guarantee.

When an execution is made against the developed land of the land developer, the purchaser of the developed land shall make payment of the price of the land under the agreement to sell by remitting it to the executing officer or the receivership officer, as the case may be, in lieu of making payment to the person specified in the agreement. While the purchaser of the developed land does not commit any breach of the agreement to sell, a sale by auction or the distribution of that developed land shall be deferred except it is the case of a sale by auction of the developed land covering the entire project under paragraph four.

When the purchaser of the developed land has made full payment of the price of the land under the agreement to sell, such developed land shall be discharged from the seizure, attachment or execution and section 37 shall apply mutatis mutandis to the registration of rights and juristic acts.

When the registration of rights and juristic acts has been made in favor of the purchaser of the developed land, the competent official shall notify the executing officer or the receivership officer of the registration and the discharge of that land from the seizure, attachment or execution, within seven days as from the date of the registration.

In a sale by auction of the developed land covering the entire project, the purchaser shall take the transfer of the land development license and shall assume both rights and duties which the land developer has vis-à-vis purchasers of the developed land.

In the case where a juristic person carries out the land development and such juristic person dissolves without having carried out the acts in accordance with the approved map and project or without completing such acts, section 40 paragraph two, paragraph three and paragraph four shall apply mutatis mutandis.