Acquiring land or engaging in legal transactions concerning immovable property, such as land or buildings, necessitates registration with an authorized official to ensure the process is completed legally. The registration of rights and legal transactions concerning immovable property must adhere to the land code, which mandates the collection of specific registration fees and compliance with established laws. This framework is outlined in the land code and the regulations set forth by the Ministry, which are designed to facilitate the collection of fees for registering rights and legal transactions.
In daily life, the right registration fee structure includes various components:
1. Sales, Exchanges, and Transfers: A right registration fee and legal transactions involving capital, such as selling, exchanging, or transfers not between parents and descendants or spouses, incur a fee of 2% based on the evaluated capital value.
2. Heritage Transfer Registration Fee: Transfers specified between parents and descendants or spouses are subject to a 1% fee, again based on the capital evaluation. This applies unless specified otherwise.
3. Mortgage Registration or Preferential Right Fee: This is set at 1% of the mortgage amount but is capped at 200,000 Baht to avoid excessive charges.
4. Lease Registration: A fee of 1.1% is applicable for registering a lease agreement, reflecting the commitment between the lessee and lessor.
Additionally, the Building Act of 1979 outlines specific fees for registering rights and legal transactions related to buildings. These include:
A 2% fee based on the capital evaluation for right registration and legal transactions involving capital, with a minimum charge of 20 Baht to ensure all transactions incur a basic fee.
A reduced rate of 0.5% for heritage transfers or gifts between parents and descendants or spouses, promoting familial property transfers.
For leases, the registration fee is calculated based on the mortgage or preferential right registration price at 1%, or by evaluating the lease fee over the entire lease period, ensuring a comprehensive assessment of the lease's financial implications. For lifelong leases, the calculation is based on a 30-year period, also at 1%.
For condominiums, a flat rate of 20 Baht is charged for each right registration and legal transaction without capital involvement, simplifying the fee structure for these properties.
Lastly, in special cases where the cabinet has approved a resolution for the public benefit or national stability, transfer registration fees and condominium mortgage registration fees may be significantly reduced to 0.01%, demonstrating a commitment to facilitating affordable property transactions under specific circumstances.