Thailand Law Library

by Thailand Lawyer

Chapter 10: Trade in Land

Chapter 11: Fees

In issuing the document of land rights, conducting survey, registering rights and juristic acts, or carrying out any activity in connection with the immovable property, the fees and other expenses shall be levied as prescribed in the Ministerial Regulations but shall not exceed the rates provided in the Schedule annexed to this Code.

In case of issuance of the Title Deed or the Utilization Certificate under Section 58, only the following fees shall be levied: fee for Title Deed issuance, fee for Utilization Certificate issuance, fee of land mark, and, if any, Power of Attorney fee, as the case may be. The land rights holder may obtain the Title Deed or the Utilization Certificate albeit the fee is not paid at the time and the competent officials shall record such amount of fee due to be paid in the Title Deed or the Utilization Certificate. In a case where the application for registration of rights and juristic acts is filed for the first time, the applicant shall be liable to pay such amount of outstanding fee unpaid. In the issuance of the Title Deed under Section 58 ter., the fees and other expenses shall be exempted.

The fee for registration of rights and juristic acts in connection with any immovable property donated for official use shall be exempted.

In case of filing for the registration of rights and juristic acts related to the transfer of ownership or tenancy or immovable property, the applicant shall pay the registration fee based on the appraisal capital value under Section 105 quinque.

In filing for the registration of rights and juristic acts related to any immovable property under other circumstances than that prescribed in paragraph one, the applicant shall pay the registration fee based on the amount truly declared by the applicant.

There shall be the Valuation Committee consisting of the Permanent Secretary of Interior as Chairman, the Director-General of the Department of Local Administration or the representative, the Director-General of the Revenue Department or the representative, the Director-General of the Department of Public Works and Town & Country Planning or the representative, the Director-General of the Treasury Department or the representative*, the Director of the Fiscal Policy Office or the representative, and not more than four qualified persons appointed by the Minister as members, and the Director of the Office of Property Valuation as member and secretary.

The members appointed by the Minister shall hold office for a term of three years.

The member who vacates office upon the expiration of the term may be re-appointed.

Apart from vacating office on the expiration of the term under Section 105 bis, the member appointed by the Minister shall vacate office upon:

1. death;
2. resignation;
3. being removed by the Minister;
4. being an incompetent or quasi-incompetent person or being a bankrupt;
5. being sentenced to imprisonment by a final judgment or a lawful order except for an offence committed through negligence or a petty offense.

In case of vacating office prior to the expiration of the term, the Minister shall appoint a new person to be a member.

The member appointed under paragraph two shall hold office for the remaining term of the member being replaced.

At the meeting of the Valuation Committee, the presence of not less than one half of the total number of members is required to constitute a quorum.

If the Chairman is not present at the meeting, the members shall elect one among themselves to preside over the meeting.

A decision of a meeting shall be by a majority of votes. Each member shall have one vote. In case of an equality of votes, the person presiding over the meeting shall have an additional vote as a casting vote.

The Valuation Committee shall have powers and duties as follows:

1. To determine the rules and procedures for valuation and pricing the immovable properties for purpose of levy of fee for registering the right and juristic act under this Code.
2. To approve the capital valuation and pricing proposed by the Provincial Sub-Committee to be used in levying the fee for registering the rights and juristic acts related to the immovable properties situated within the territories of such province.
3. To consider any problematic matter in connection with the levy of fee of registration of rights and juristic acts as requested by the Department of Lands.
4. To appoint a Sub-Committee to consider matters or perform tasks assigned by the Valuation Committee and report thereto.
6. To perform other activities as prescribed in this Code or other laws. Appraisal price of the capital as approved by the Valuation Committee under (2) shall be made known to the public and put up at the Provincial Land Office, the Branch Land Office, and the District Office or Amphoe Office or King-Amphoe Office.

In each province, there shall be the Provincial Sub-Committee consisting of the provincial Governor as Chairman, the Deputy Governor, the Head of Provincial Revenue Office, and not more than three qualified persons appointed by the Valuation Committee as members, and the Head of Provincial Treasury Office* as member and secretary.

The Sub-Committee of Bangkok Metropolitan Administration shall consist of the Permanent Secretary of Bangkok Metropolitan Administration as Chairman, the representative of the Department of Provincial Administration, the representative of the Department of Revenue, the land officer of Bangkok Metropolitan Administration, and not more than three qualified persons appointed by the Valuation Committee as members, and the Director of the Office of Property Valuation as member and secretary Section 105 bis, Section 105 ter., Section 105 quarter shall apply to the Provincial Sub- Committee mutatis mutandis.

The Provincial Sub-Committee shall have duties to consider and determine the appraisal price of capital to be used in levying the fee for registration of rights and juristic acts related to the immovable properties situated within the territories of its province. The appraisal price of capital is to be subsequently proposed to the Valuation Committee for approval.

If, after the appraisal capital price determined by any particular province has been made known to the public, there subsequently appears, in such province, the considerable discrepancy between the market price of immovable properties and the aforesaid appraisal price thereof, the Provincial Sub-Committee shall consider adjusting the appraisal capital price for its locality and propose the adjusted price to the Valuation Committee for approval without delay.