In the past, a Thai company could be used to own Thai Real Estate, but the company had to be structured in such a way that it comported to Thai law. In recent months there has been some discussion by Thai government officials about doing away with this system of property ownership. How this will play out remains to be seen, but some foreigners, who are still interested in enjoying Thai property, are looking at other ways of structuring their interests so as to properly comport with possible future restrictions.

One method involves the bifurcation of Thai title. What this means is that the land underneath a structure is owned by a Thai while any structures on the land are owned by a foreigner. This arrangement would be legal under current Thai law, but many are confused about how such an arrangement could be set up. This is where the Yellow Tabien Baan becomes an issue.

A Yellow Tabien Baan is used by foreign nationals who live in the Kingdom. However, they are very difficult to obtain and are usually only promulgated if the foreign national has bought a Thai condo. That being said, a foreign national who is on a Tabien Baan can obtain a building permit to build a structure in Thailand. Once the structure is built, it can be owned wholly by a foreign national. A foreigner could secure long term lease to the underlying property while maintaining ownership of the structure. Use of a Thailand usufruct or superficies would also strengthen the foreigner’s property interests without violating the de facto restriction placed upon land ownership for foreigners. This is not the only benefit that a Yellow Tabien Baan can confer upon a Foreigner in Thailand as there are other major benefits that foreign nationals can enjoy by being on a Foreign Tabien Baan.

A Tabien Baan is an extremely important document for Thai nationals because it acts as proof of a Thai person’s residence. Therefore, it is used to determine a Thai person’s voting district and in the case of Thai men of military age, the Tabien Baan is used to ascertain what district the Thai man will be placed in when drawing for the military draft. This can be critical because if one district reaches a certain level of volunteers then it is not necessary to further draft any inhabitants of that district. As a result, a Thai man’s House Registration (Tabien Baan) can have a massive impact upon their life and career depending upon the district in which they live.

Can a Foreigner (Farang) Get a Thai Tabien Baan?

For a foreigner (farang in Thai) it may be possible to be registered on a Tabien Baan in Thailand if:

1. the foreigner has acquired a Thai lease that has been legally registered at the Thai land Department
2. the foreigner has used a Thai company to buy land in Thailand (This is becoming less common as the Thai Land Department officials are more heavily scrutinizing cases involving a Thai Company to own land.)
3. the foreigner has bought a Thai Condo as a freehold Title owner pursuant to the Thai Condominium Act

A Tabien Baan issued to a foreigner residing in Thailand is generally referred to as a “Yellow Tabien Baan” because the booklet is the color yellow. Yellow Tabien Baan’s are becoming increasingly difficult to obtain because the local Amphur office (or Khet office in the Bangkok Metropolis) is reluctant to issue Tabien Baan’s to foreign nationals.

There are some benefits to having a Tabien Baan in Thailand. Most notable is the fact that a foreigner can obtain a building permit based upon a Tabien Baan and as a result could more easily obtain a superficies for structures built upon a piece of Thai property. Thai banks are also more cooperative about granting Thai mortgages to foreigners who are noted on a Tabien Baan.

Those with Permanent Residence in Thailand can be placed upon a blue Tabien Baan in the same way as a Thai National. However, this does not denote Citizenship nor voting rights, it is simply an administrative change based upon the foreigner’s residential status.

The Tabien Baan may become an important aspect of the USA visa process as well. For those Thai nationals applying for a K1 visa or a K3 visa, the Tabien Baan may be requested in order to prove the Thai’s residence in Thailand.

(Please be aware that this information is imparted for educational purposes only and does not constitute legal advice. No Lawyer/Client fiduciary relationship is created by reading this posting.)