The process of obtaining a home construction loan requires what documents?

Created : 3 Jan 2024

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"The process of obtaining a home construction loan requires what documents?"

When applying for a home construction loan, it is crucial not to overlook the documentation process if you want a prompt consideration. Once we submit a loan application for home construction, everyone wishes for the bank to assess it swiftly and determine approval. In this step, having all our documents prepared comprehensively is essential. If we have our documentation in order when submitting to the bank, the evaluation and approval process is likely to be expedited. This is because there won't be a need for the bank to request additional documents from us. So, what are the necessary documents that we should prepare before applying for a home construction loan? Let's go through them.

1.Preparing documents for a home construction loan

When applying for a home construction loan, or a loan for home improvement, in addition to assessing the borrower's income, the bank also needs details about the construction project. Besides documents showing income, such as:

  1. Copy of ID card
  2. Copy of household registration
  3. Salary slips
  4. Bank statements for the last 6 months (the account where the salary is deposited)
  5. Employment certification specifying position, monthly income, and duration of employment
  6. Copy of savings account statement with a minimum balance of 100,000 Baht or around 10-15% of the estimated home construction value.

In addition to the above documents, the bank will also review a second set of documents to assess the value of the construction project. This set typically includes:

2.House Plans

The initial document required when applying for a home construction loan is the house plans or blueprints. This is because banks or financial institutions need to assess the property appraisal and construction costs, even if the house has not been built yet. Preparing house plans or blueprints is a crucial step, as the bank needs to evaluate the value of the property and estimate the construction costs for the project.

3.Land Title Deed

Another crucial document when applying for a home construction loan is the land title deed. This document needs to be submitted along with the house plans to allow the bank or financial institution to assess the property's appraisal value and construction costs. The land title deed may not necessarily be in our name, but it is essential to confirm that we have the right to construct on this particular piece of land.This confirmation is vital for verifying that we have the authority to build on the specified area, even if the land title deed is not under our name.

4.Construction Contract Agreement

The evaluation of the construction budget for the entire project can be derived from the construction contract agreement. In the context of applying for a home construction loan, the bank will request to review this contract to ascertain the contracted amount. This is done to ensure that, upon loan approval, the funds will be allocated precisely as stipulated in the contract for construction costs.

The construction contract agreement serves as a crucial document for the bank to understand the agreed-upon amount, providing confidence that the approved loan will be utilized in accordance with the specified terms in the contract.

5.Construction Permit

Another essential document to submit when applying for a home construction loan is the construction permit. This permit can be obtained from the local district office in the area where the construction will take place. The construction permit serves as evidence that the borrower has the authorization to build in compliance with the law.

This document ensures that the construction of the house will adhere to legal requirements, providing assurance to the bank or financial institution that the construction will not pose any issues that might impact the approval of the home construction loan.

6.Personal Documents

Following are the personal documents that are relatively easy to prepare but need to be ready before applying for a home construction loan:

  • National ID card, government officer ID card, or state enterprise ID card.
  • Copy of marriage certificate, divorce certificate, or death certificate (if applicable).
  • If there has been a name change, a copy of the name change certificate is required.
  • In the case of marriage, a copy of the national ID card for the spouse must be prepared.

7.Financial Documents

In addition to personal documents and those related to the house being financed, financial documents are crucial in the home construction loan application process. Financial documents typically fall into two main categories: employed individuals and self-employed individuals.

For Employed Individuals:

  • Salary slips for the past few months.
  • Employment verification letter.
  • Income tax returns for previous years.
  • Bank statements for the last six months.

For Self-Employed Individuals:

  • Business registration documents.
  • Financial statements or profit and loss statements.
  • Income tax returns for the business.
  • Bank statements for the business.

 

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House Construction Laws In Thailand Construction in Thailand is mainly regulated by the Building Control Act and the Town and City Planning Act. The Building Control Act provides for governmental control of virtually all types of construction by means of various applications and punishment in case of violation, the Town and City Planning Act deals with the permissible uses of land in different zones. In addition there are under both Acts Ministerial Regulations specifying regulations and zone restrictions. Building and construction can also be restricted by environmental and other laws (Nature Reserve Act, Forest Act, etc.) or if the land is burdened with a right of servitude. The relation between a customer/ employer and a builder in Thailand is primarily governed by a construction contract and the Civil and Commercial Code (specifically the chapter ‘hire of work’).   In addition to the zone regulations (12) for Samui specifying the type of use to which land/ property may be put in specific areas issued under the City Planning Act there are general building zone regulations (4) issued under the Building Control Act, giving standard building requirements and restrictions depending on its distance from the beach. These restrictions relate to the maximum size, distance to the land border, design and the height of the building (sample). Similar building regulations exist in Phuket, Pattaya, Koh Phangan, Hua Hin, etc..   Building or buying a home in Thailand Foreign land ownership restrictions in Thailand relates to land only, not to the building on the land or condominium registered under the Condominium Act. 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The procedure to obtain ownership of a structure separate from the land is as follows: If buying from a developer (depending on the sale and tax structure and liabilities the developer chooses) the sale of a house separate from the land lease is either by: a building sale and purchase agreement (see procedure under 3), or a building construction contract with a building permit in the foreign purchaser’s name. In case an individual person is developing a plot of (leased) land the building permit should be issued, or during the construction changed by the Or Bor Tor, in the name of the person that leases the land. Sale of a completed or existing building separate from the land requires the current owner and purchaser of the house to: sign a standard land office Thai script sale of a structure document (signed at the land office in front of the competent land official) followed by a 30 day public announcement/ posting of the house sale at specific locations after the announcement period the parties return to the land office to complete the transfer. Sale of completed existing house The sale of an existing house separate from the land (land lease combined with house sale/ ownership) must be registered with the local land office (the Samui, Phuket, Hua-Hin, Bangkok or any other local Land Department’s branch office) to be complete and property ownership transfer fees and taxes must be paid. Local property developers (in Samui) tend to offer a sale and purchase agreement for the house but skip the official transfer procedure (ownership has not transferred), or lease land and house (not recommended). The transfer of ownership of a building will take at least 30 days from the first visit to the land office to the issuance of the sale of a structure document (sample right or view sale document with short translation). The official land office sale document, stamped and signed by the local land office, is the document that proofs the purchaser’s rights to the house and completes the transfer. Required documents: ID-card, passport (seller/ buyer) House registration book (Tabien Baan) Land title document House building permit Property transfer fees Building permit Thai construction workers on building site under palm trees The seller of a house must have a building permit (sample top right) issued by the local Or Bor Tor. The building permit is the evidence that shows he owns the building and obtained approval to build the house. The building permit must be submitted to the Land Registry for the transfer of the house. It should be checked if the house is actually built according to the building permit. If the seller can’t show a building permit the house could be illegally built or may not be built according to local building regulations. The building Control Act imposes heavy fines and even imprisonment on violators. If any violation is found the authority has the power to issue a stop-work order and demand rectification of the building or an incorrect part within a reasonable time. If the building or an incorrect part cannot be rectified, the authority has the power to order a demolition thereof. When a land leaseholder hires a builder the building permit could be issued in the builder’s name or land owner’s name. In this case the name on the building permit should be changed by the local Or Bor Tor to the lessee’s name at any time during the construction, but prior to the issuance of the house registration book (tabien baan). The building permit is proof that you own the building and the building does not belong to the land owner but to the land leaseholder. Separate ownership of the house increases the lessee’s right and also lowers property tax liabilities (housing and land tax). Research by the Agency for Real Estate Affairs indicates the new city plan for Koh Samui will mandate that property projects cannot be constructed higher than 150 meters above sea level read more…. Similar to Phuket where the Ministry of Natural Resource and Environment issued a notification to protect the environment in Phuket prohibiting any building and renovation in the area 80 meters and more above the average sea level. Construction is not allowed even though the land could have a full land title deed. 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Information above on behlf of samuiforsale  
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  There are several distinct purchasing options open to foreigners interested in how to buy a property in Thailand. Under Thai law, foreigners are unable to own land however foreigners are able to own structures, properties or apartments built on a piece of land in their own name. Foreigners are effectively able to own and control the land upon which their property sits through a Thai limited company or via a lease. Both leaseholds and Thai limited companies have been a viable and highly successful vehicle for foreigners buying property in Thailand for many years. A third option is to buy a condominium unit as foreigners are able to own condominiums freehold under Thai law.   BUYING PROPERTY WITH A THAI LIMITED COMPANY A foreigner can set up a Thai limited company with the articles of association within the company protecting the foreigner 100% thus giving the foreign managing director complete control of the company. The foreigner can then use this company to buy property in Thailand with complete control whether it be a house, apartment, villa or plot of land. Some property owners sell their land or villa along with a Thai company simply by transferring the name of the foreign company director or if that is not the case, a Thai or international lawyer can easily set up a new company to buy the property through.   BUYING PROPERTY LEASEHOLD Foreigners buying property in Thailand also have the option of controlling the land upon which a villa, house and apartment sits with a 30 year lease (the maximum leasehold term under Thai law). This lease can be re-newed for an additional 30 years plus additional 30 years, giving a total of a 90 year lease.   BUYING A CONDOMINIUM FREEHOLD There is one freehold option for Foreigners wanting to buy property in Thailand with the Thai condominium act allowing foreigners to buy freehold. One important fact is that the condominium developer must ensure that only 49% of the total area of the development is sold to owners freehold. The other 51% of space in the development is available for foreigners to buy, but the only options would be to own the with a Thai limited company or leasehold as described above. No-matter what purchasing method is used the property will be officially registered at the local land office. The foreigner will also hold a property registration document sometimes referred to as the blue book.