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Land Ownership

Land Ownership

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investment incentivePrivileges Utilization


(1) Permission to hold land ownership under Section 27 for promoted investment projects in the following cases:
1. Request to hold land ownership/ additional land ownership to be used as a location for promoted business activities
2. Request to use land that has been approved for ownership to support promoted activities, such as for installing utilities
3. Request for permission to register a mortgage on the land
4. Request for permission to sell the land
5. Request for permission to donate the land
6. Request to hold land ownership together with the original investment promotion certificate
7. Facilitation by certifying the status of being a promoted entity in cases such as:
7.1 Foreign juristic persons requesting to hold ownership of condominium units
7.2 Foreign individuals requesting to hold ownership of condominium units
Scope of Permission
Under Section 27, promoted entities are permitted to hold land ownership for conducting promoted investment activities in a quantity deemed appropriate by the BOI.
In the case where a promoted entity, defined as a foreigner under land law, ceases the promoted activities or transfers the business to another party, the entity must sell the land for which ownership has been authorized within one year from the date of cessation or transfer.
This permission also covers requests for land ownership, approvals for utilizing the land for other purposes, requests for registering a land mortgage, partial sales of land, and sales of land when the company is no longer using the land or has ceased to be a promoted entity.

(2) Guidelines for consideration
1. Request for land ownership / additional land ownership for business establishment
When submitting a request for land ownership, the documents must be from the same province as the location of the business as specified in the investment promotion certificate. The amount of land will be considered based on the appropriateness of the type of industry, land use plans, and other relevant details.
Applicants seeking land ownership must verify land use or provide other evidence to demonstrate that the land for which ownership is requested is not prohibited under other applicable laws. This documentation will be considered by the Office.
2. Request for permission to register a land mortgage
In cases where a promoted entity has been authorized to hold land ownership and wishes to register a mortgage on that land, prior permission must be obtained from the Office.
3. Request for permission to sell / donate land
In cases where the company is still operating
3.1 In the case of sale
- A permission letter for the sale must be obtained from the Office beforehand.
3.2 In the case of donation
- A permission letter for the donation must be obtained from the Office beforehand.
In the case where the company terminates or transfers the business
When the company receives approval for termination, revocation, or transfer of the business, the Office will notify the Land Department. The company must sell the land for which ownership has been authorized within one year from the date of the order for termination, revocation, or transfer under Section 27, paragraph two. If the company does not comply, the Land Department has the authority to dispose of the said land according to the Land Code.
4. Request for land ownership authorization using rights in conjunction with the original investment promotion certificate
4.1 If the company has received promotion for an expansion project, and the expansion project is located on the same land for which ownership is held under the original investment promotion certificate, the company should request authorization to hold land ownership using rights in conjunction with the original investment promotion certificate.
4.2 If the original promotion certificate is revoked, canceled, or the business is transferred, the company is not required to sell the land on which the business is located, as this land has been authorized for ownership in the name of a legal entity, which still retains the right to hold land under other investment promotion certificates.
5. Facilitation by certifying as a recipient of investment promotion
5.1 Application for ownership of condominium units by foreign juristic persons
- The authorization for ownership of condominium units is under the jurisdiction of the Land Department. The Office will certify only that the juristic person is a recipient of investment promotion, which qualifies it to hold ownership of condominium units according to the Condominium Act B.E. 2522 (1979).
5.2 Application for ownership of condominium units by foreign individuals
- The authorization for ownership of condominium units is under the jurisdiction of the Land Department. The Office will certify only that the foreign individual has worked for a company that has received investment promotion, which qualifies it to hold ownership of condominium units according to the Condominium Act B.E. 2522 (1979).

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investment incentiveProcedure for requesting rights



Case Study : Why can't Thai juristic persons that have received investment promotion apply for land ownership registration?
Answer The Office will determine whether a juristic person is Thai or foreign based on the shareholder ratio. For example, if a juristic person has a majority of Thai shares but a greater number of foreign shareholders, the Office will classify it as a Thai juristic person and will not grant the right to own land (according to Section 27). However, under the Land Code, the status as a Thai or foreign juristic person is determined by the number of shareholders, which prevents this juristic person from registering land ownership if the number of foreign shareholders exceeds half, even if it has a majority of Thai shares.
Therefore, recipients of investment promotion must submit a request to amend the project with the Office first, seeking to increase rights and benefits under Section 27 to comply with the Land Code. Once the project amendment is approved, they must apply for land ownership permission with the Office (requesting rights under Section 27) before proceeding to register the transfer of land ownership with the Land Department.

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investment incentiveOnline system

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investment incentiveSample Forms

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investment incentiveSupporting documents for consideration

Table 1 Summary of Land Privileges Utilization Request

Request

Processing Time

Required Documents and Evidence for Consideration

1. Request to hold land ownership/ additional land ownership to be used as a location for promoted business activities

15 business days

- Application for land ownership and rights and benefits under Section 27 (F LD LO 02-07)

- A copy of all documents issued by the Office authorizing land ownership under Section 27 (in case of requesting additional ownership)

- A simplified map

- An overall land usage plan (including ownership of the requested land)

- A copy of the title document (e.g. certificate of title, N.S. 3, etc.) both front and back, and a map of the title sheet

- A copy of the evidence of the application for land usage inspection, or any other evidence proving that the requested land is not prohibited by relevant laws and regulations

2. Request to use land that has been approved for ownership to support promoted activities:

- For installing utilities

- For utilizing by related companies (only for supporting the promoted business activities)

15 business days

- Application for land ownership and rights and benefits under Section 27 (F LD LO 02-07)

- A copy of all documents issued by the Office authorizing land ownership under Section 27

- Plans for the utilization of the requested land and surrounding areas

3. Request for permission to register a mortgage on the land

15 business days

- Application for land ownership and rights and benefits under Section 27 (F LD LO 02-07)

- A copy of all documents issued by the Office authorizing land ownership under Section 27 (In case the company wishes to register a mortgage on the same day as the transfer of ownership, the intention can be stated in the same set of documents.)

4. Request for permission to sell the land

15 business days

- Application for land ownership and rights and benefits under Section 27 (F LD LO 02-07)

- A copy of all documents issued by the Office authorizing land ownership under Section 27

5. Request for permission to donate the land

15 business days

- Application for land ownership and rights and benefits under Section 27 (F LD LO 02-07)

- A copy of all documents issued by the Office authorizing land ownership under Section 27

6. Request to hold land ownership together with the original investment promotion certificate

15 business days

- Application for land ownership and rights and benefits under Section 27 (F LD LO 02-07)

- A copy of all documents issued by the Office authorizing land ownership (Only the documents permitting ownership of the land for which joint ownership is being requested.)

7. Certification of the status as a promoted entity in cases:

7.1 Foreign juristic persons requesting to hold ownership of condominium units

5 business days

- Application for land ownership and rights and benefits under Section 27 (F LD LO 02-07)

- A copy of the shareholder register (In case of public companies, only the summary page is required)

- A copy of the condominium ownership certificate

7.2 Foreign individuals requesting to hold ownership of condominium units

5 business days

- Application for land ownership and rights and benefits under Section 27 (F LD LO 02-07)

- A copy of the shareholder register (in case of public companies, only the summary page is required)

- A copy of the condominium ownership certificate

- A permit letter authorizing residence and operation in the promoted business
Note: All documents must be stamped (if applicable) and signed by an authorized person as per the certificate from the Ministry of Commerce or by an authorized representative, except for copies of the investment promotion certificate.
Source: Utilization of Promotional Privileges (Page 288-290)

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