This Act is called “Property rights based on 2560 B.E.”
This Act shall come into force after the expiration of one hundred and eighty days from the date of its publication in the Government Gazette onwards.
[Remark: October 27,2019]
In this Act
“Property based on rights” means assets based on rights to utilize in real estate as provided by this Act.
“Real Estate” means a land that has a title deed Land with buildings in land with title deeds and apartments in accordance with condominium law.
“Staff officer” means the staff officer according to the Land Code and staff. Officials under the law on condominiums.
Any owner of real estate who wishes to establish property based on rights, has to file a request with the competent officer, along with showing the land title deed or the property copy, as the case may be.
Sap-Ing-Sith can be scheduled for no more than thirty years.
The establishment of property based on certain specific rights in immovable property under title deeds or land title books can be done.
Establishing properties based on real estate rights that are mortgaged or used as collateral under the law on business collateral or with any rights registered in the title deeds or the ownership documents. This can only be done with the consent in writing from the mortgagee or the security receiver. Or the right holder, as the case may be.
When receiving the request to establish rights-based assets under Section 4, the registered official Establishment of property based on rights in land title deeds or ownership documents of apartments, as the case may be, including issuing books certificate of property rights.
Certificate of property rights based on two counterparts Give to the owner of the real estate version. And another copy is kept at the office of the competent official.
Request for construction of rights based on Section 4 Registration and letter issuance Certifying property based on rights under Section 5, revocation of property based on rights under Section 14 and revocation of a letter Certificate of property rights Shall be in accordance with the rules prescribed in the Ministerial Regulations
In the event that the property certificate of any rights is lost or substantially damaged The holder of the right to request a substitute for the certificate of rights based on the rules prescribed in the Ministerial Regulations.
When a replacement certificate has been issued, the property rights certificate has been issued. To provide the original property rights certificate Cancel
Property based on rights is indivisible.
The land on which the rights were founded is divided into many plots or combined with other plots of land. Cannot be converted into the same plot
When there is a construction of property based on any immovable property Property owner Will not establish any property rights in that property Except with the consent in writing from Right-winged holder
The provisions of the first paragraph shall not affect the rights of the immovable property owner to transfer the ownership of the immovable property. To other people Or the use of ownership in immovable property as collateral for debt repayment by mortgage or Used as collateral under the business security law
The holder of the rights-based property has the right to utilize the immovable property that has been founded. Under this Act And as specified in the property rights certificate
In this regard, the utilization of the property based on rights must be conducted in accordance with the law on that matter as well.
The holder of the right of property has the rights, duties and liabilities of the established real estate. Property based on rights as if the owner of real estate. Except the right to track and take back the real estate From persons who do not have the right to hold And the right to prevent others from illegally inserting related to the property to remain the property of the owner of the property, with the right holder having to notify the said incident To the property owner immediately
Giving ownership of buildings or buildings where the holder of the property relies on rights, alterations, additions or redevelopment. In real estate Vested in property owners when property rights are suspended Unless the owner Immovable property and rights holder shall agree otherwise.
The provisions of paragraph two shall not apply to the actions against the apartment under the law on condominiums.
Property based on rights can be transferred to one another. Or used as collateral for payment By mortgage under the Civil and Commercial Code
Property based on rights can be inherited by inheritance.
Any juristic act relating to property rights must be made in writing and registered with staff, officers and once registered, the officer must notify the owner of the property promptly, both according to the type of legal transaction and the rules specified. In the ministerial regulations
In the case of a transfer of rights based on property and a breach of contract between the transferor of rights And the transferee based on the rights which causes either party to terminate the contract The termination of the contract must not Affects the rights of third parties to pay and honestly And registered In good faith
The owner of the immovable property, whose rights are based, may revoke property based on rights. Before the due date Except in the event that the revocation of property based on rights will affect the rights of third parties Operator with compensation and good faith And have been registered in good faith
When the property is revoked The owner of the right to return the property to the owner of the property, as it was at that time. Except property owners and property-owners Will agree otherwise
The issuance of a certificate of property rights Registration of juristic acts or other operations regarding property rights Fees and expenses shall be collected as prescribed in the Ministerial Regulations but must not exceed the rates as in the attachment to this Act.
The Department of Land shall deduct the expense by five percent of the fee collected.
The fee collected under this Act after deduction of expenses under paragraph two is the revenue of the municipality, sub-district administrative organization Bangkok, Pattaya City, or other local administrative organizations That has laws established for the operation of immovable property with funds within that area
The Minister of Interior shall be in charge of this Act and there shall be Authority to issue ministerial regulations prescribing fees and expenses not exceeding the rates attached hereto including the exemption of fees. And establish other businesses to perform according to this Act
The Ministerial Regulations, once announced in the Government Gazette, shall come into force
Note: – The reason for promulgating this Act is that the lease of real estate under the Code Civil and commercial law is characterized as contractual rights enforceable between a particular contracting party Which has certain limitations in applying economic benefits As for legal property rentals Regarding the leasing of real estate for commercial and industrial use, there is a limited scope of enforcement which prevents the use of such law in many cases. It is appropriate to have assets based on rights as use rights. Benefits in real estate which can be transferred and guaranteed by a mortgage Which will promote And support investment in real estate and driving the country’s economic growth as a whole Therefore it is necessary to enact this Act
This unofficial translation will be constantly improved.