Samui Phangan Real Estate April May 2011 by Satayu Publishing Co., Ltd.

The Definitive Guide to Samui & Phangan Real Estate

April / May 2011 | ISSN 1686-8838

RESOLVING PROPERTY RESOLVING PROPERTY DISPUTES DISPUTES Provincial Court Samui Provincial Court

www.samui-phanganmagazine.com

Island Update

BUILDING A RELIABLE BRAND

As Koh Samui pursues global recognition as an internationally acclaimed residential resort destination, one of the burning issues facing the island is how best to meet the practical needs of its residents while at the same time matching the increasingly high expectations that visitors bring with them in their thousands. A re-branding may soon be needed, but that may require a lot more than a clever advertising campaign. In some ways Koh Samui has done too good a job of marketing itself to the world in recent years. The web is literally overflowing with descriptions of the island and its attractions, magazines run regular stories on its tropical charms and television channels around the world show images of its sun kissed shores. Yet in the background, both the commercial and public sectors struggle to live up to the promise. The pressure on the local government to improve facilities and amenities is immense, but public resources remain limited and the transient nature of the tourism industry makes it difficult to establish a long term development strategy as interests and economic influences change fast. Yet the power of all this marketing has also given Samui an opportunity. As one of the few places in the world that can legitimately call itself a global island community - a melting pot 8

of skills and creativity, one that could be tapped much more effectively with a guiding force. “Since the current government came into office we have tried very hard to bring the different sections of the Samui community together,” says the island Mayor, Khun Ramnet Jaikwang. “Myself and my colleagues at the municipality office attend as many local meetings and events as possible, whether Thai or foreign run. We feel that on a small but diverse island like this it is essential to create a common sense of responsibility for the island and to encourage the constant exchange of ideas, information and human resources.” Such a cohesive approach seems logical and may even appear simple from an outsider’s point of view, but with a range of business interests, cultures and motivations to consider, creating a unified network of individuals with a long term interest in the island is a complicated process. In other tourist destinations such as Bali and Luang Prabang in Laos, international organisations such as Unesco have recognised the importance of the location, local culture and natural assets. This not only creates a reason to protect the destination, but also provides it with a global stamp of approval, which businesses and community organisations are then encouraged to live up to as it benefits them as much as it benefits the destination as a whole . Such recognition often acts as a catalyst for greater unity in terms of a common development strategy that suits collective as well as individual goals. “We recently returned from an official visit to Laos and there are a number of ideas being applied there that we have introduced a while ago on Samui,” says Khun Sinn, Advisor to the Mayor’s Office. “Concepts like Walking Street and the promotion of local products and skills are an important for the island and its tourism. Samui needs to strike a balance between modern development and tradition if we want to compete effectively on the international stage.” Combining such extremes to create a consistent brand takes careful analysis and planning and has to involve all the different elements of the island community. Some businesses already embrace the local culture - food and spa treatments being the obvious ones. Many hotels also offer elements of Thai tradition through cultural performances and many private villas encompass Thai design to add an authentic feel. But without an official governing body to monitor such an approach, Samui is left to evolve in an ad hoc manner that leaves each different segment of the island’s character existing independently of the other. “What may be needed is an official Samui group that draws together all the different people and experiences that exist here sot we can strip things down and build on our essential advantages,” continued Khun Sinn. “We already have a number of valuable groups on Samui working to improve the island - clubs and organisations that have organised important activities and set up projects like the Green Schools initiative Samui Mala festival and cleaning the canal in Chaweng. The key is to harness this energy for good and also to make it count commercially.” Although Samui is still a thriving economic centre, the local government, private businesses, organisations and individuals are increasingly interested taking a responsible approach to the island’s growth and development. If the island’s various interest groups can find a cooperative approach to planning and implementation of projects and ideas that benefit the island as a whole, the Samui community will be able to move forward with a stronger, more focussed strategy to create a lasting brand that matches outsider expectations and also benefits and addresses local needs and concerns. 9

Arbitration Update

WHAT ARE THE

RULES? An arbitration agreement should, amongst other matters, specify the law governing the arbitration and the arbitration rules to be used for the conduct of the arbitration. The most common questions asked in respect of the arbitration rules are: a) what are arbitration rules? b) which are the best arbitration rules? What are Arbitration Rules? Administered arbitrations are administered by an arbitral institution such as the International Chamber of Commerce or Thai Arbitration Institute. These and other arbitral institutions publish their own arbitration rules. The rules specify the manner in which the arbitration is to be conducted and include such matters as: a) how an arbitration is to commence b) how the arbitrators are to be appointed c) the fees to be paid to the arbitrators and the arbitration institute d) how costs of the arbitration are to be awarded e) how and when the award is to be published f) how an award may be corrected. The importance of the arbitration rules cannot be underestimated as these may determine

the cost of the arbitration, how efficiently the arbitration will be conducted and the quality of the award. The rules contain default provisions to determine matters that the parties are unable to agree upon, such as the number of arbitrators to be appointed and how they will be appointed etc. The rules can override non-mandatory provisions of the governing law of the arbitration, i.e. where it states in the governing law â&#x20AC;&#x153;Unless otherwise agreed by the Parties, â&#x20AC;Ś..â&#x20AC;? Which are the best Arbitration Rules? Generally speaking the best arbitration rules are provided by the arbitral institutions which have been in operation for a long time and have the most experience. However, these may also be the most expensive rules to use as the fees paid to the arbitrators and the institution are generally higher than would be charged by an institution which is less well established. The more experienced arbitral institutions are generally more efficient in the administration of arbitral proceedings, have a greater pool of experienced arbitrators, scrutinise the arbitrators before they are appointed and require the award to be scrutinised by the institute before the award can be published. It is generally believed these qualities result in more efficient arbitration proceedings and better quality awards. Summary It is important to specify the arbitration rules to be used for the conduct of the arbitration in the arbitration agreement so as to avoid difficulties in the event a dispute is required to be referred to arbitration. When considering which arbitration rules to specify in the arbitration agreement the matters to be taken into consideration include a) whether the contract is domestic or international, b) the nature of the contract and value and complexity of disputes that may arise under the contract, c) how the rules will affect the costs of the arbitration and the subsequent award of these costs, d) the efficiency in which the institution administers arbitrations, e) the overall experience of the arbitral institution, f) the pool of arbitrators available to the institution, g) how the experience and independence of the arbitrators are scrutinised by the institution and g) whether or not the award will be scrutinised by the institution before the award is published. The choice of the arbitration rules to be used for the conduct of an arbitration may have far reaching and serious consequences in terms of cost, time and the quality of the award. It is recommended that professional advice be sought to assist in the choice of the appropriate arbitration rules for each particular contract. For more information on arbitration and dispute management contact the offices of Charndell 02 514 9170 to 71. vsmith@charndell.com. www.charndell.com 11

Legal Update

LEGAL INTERESTS IN REAL ESTATE FOR FOREIGN INVESTORS International investors in real estate are understandably focused on factors such as location, price, finishing and the various â&#x20AC;&#x153;extrasâ&#x20AC;? that a developer may be offering to induce a sale. But a factor commonly overlooked by investors is the legal nature of the interest in real estate which is being offered. In the same way that residential real estate projects vary from one project to another, the legal structures which underpin them also vary considerably. Consequently, it is important for investors to understand the nature and characteristics of the legal interest which they are seeking to acquire. Christian Glanville, Partner in the law firm Limcharoen, Hughes & Glanville (Samui) examines the main types of legal interests in real estate which are available to international investors. Foreign Freehold Condominiums Foreign buyers are permitted to own on a freehold basis, up to 49 percent of the private living space of a legally registered condominium. The remainder of the private living space can be owned by Thai persons or leased to foreign buyers (see below). It is worth noting that condominium developments are heavily regulated under the Condominium Acts of Thailand which place a number of legal requirements and obligations on condominium developers such a prohibiting false advertising, limiting late payment fees and setting standard terms for sale and purchase agreements. Accordingly, the Condominium Acts provide considerable legal protection and assurance to buyers. Long Term Leasehold Options The maximum term of a registered residential lease term in Thailand is 30 years which applies to both foreign and Thai investors alike. A 30-year lease is not a particularly attractive 12

investment to an investor who is looking to secure the use of a property in the long term, in response to this, many developers offer contractual renewals for multiple terms of 30 years each, such renewals cannot be registered at the land office, but can be contractual obligations set out in the lease contract. It is important for investors to examine the terms of the lease carefully to ensure that they are afforded full rights of enjoyment of the leased property during the registered lease term. Collective Leasehold Options A number of savvy developers in Koh Samui offer a “Protected” or “Collective” leasehold structure to international buyers in residential developments. In addition to the registered 30 year lease with lease renewal options (as described in the previous paragraph), the investor is also provided with a share in an offshore company which in turn owns shares ina limited Thai company that owns the project land. This allows the buyers acting collectively, to exercise control over certain important decisions of the land owning company relating to the land, such as (in certain circumstances), the lease renewals. It is important to ensure that indirect participation in the Thai Company which owns the project land does not contravene the Land Code of Thailand which restricts the direct or indirect control of land by foreigners. Ownership of Buildings International investors should note that foreign investors can own buildings in Thailand directly in their own name, but it is important to ensure that the paperwork for registering the transfer of building ownership is in order to avoid problems when attempting to re-sell the building in the future. Shared Ownership Fractional Ownership refers to the partial ownership of property by multiple investors who each invest a fraction of the cost of the property and in return are entitled to a certain use right in proportion to the investment. It is important to establish the “legal link” between the underlying real estate asset and the investor to ensure that the interest is a genuine interest in the underlying real estate and not just a contractual right of use. Fractional or shared ownership options are becoming increasingly popular in Koh Samui, which already boasts a number of luxury fractional/ shared ownership projects. This article is intended to provide would be international investors in real estate with a basic guide to the real estate ownership option available in Koh Samui and Koh Phangnan. As in any jurisdiction, it is important to appoint an independent legal representative to assist you to conduct the necessary due diligence checks into the land, legal structure and legal contracts before monies are handed over to the developer. This article was written by Christian Glanville, Partner of Limcharoen Hughes & Glanville (Samui) for further information, please contact our Koh Samui offices on 07 724-6185 or e-mail Christian@Limcharoen. com. Other offices located in Bangkok, Phuket, Ho Chi Minh City, Bali and coming soon, Hong Kong. 13

Legal Update

RESOLVING PROPERTY DISPUTES FILING â&#x20AC;&#x153;CONSUMER CLAIMSâ&#x20AC;? IN KOH SAMUI PROVINCIAL COURT While the vast majority of property developers in Koh Samui are highly reputable companies offering solid products at reasonable prices, there are always a few bad apples that spoil the bunch. A small group of Western developers has failed time and again to complete residential housing projects on the island, often leaving home buyers with nothing more than a glossy sales brochure. These disreputable developers launch project-after-project with fancy websites and architectural designs, but never seem to manage to complete construction of their projects. What legal recourse is available to investors who have lost their hard-earned Baht by investing in projects launched by these charlatans and swindlers? The best protection for any residential home buyer on Koh Samui is a bit of market research. A developer with a successful record of completing projects on the island is also likely to complete its next project. Conversely, a developer which has never successfully completed a project is likely to leave its customers empty-handed.

For those who have been hoodwinked, legal remedies are indeed available. In the recent past, it was necessary to file a traditional civil claim in Koh Samui Provincial Court against an unscrupulous developer and wait a year or more for an initial court hearing. Two or three years might pass before a trial was concluded. However, in 2008, the Consumer Case Procedure Act was adopted. In recognizing that “justice delayed is justice denied”, the Thai legislature decided that claims filed by consumers should be considered by the judicial system on an expedited basis. In a “consumer case,” the first court hearing is usually scheduled within 1 or 2 months of the filing date, and trials are usually completed within 6 months of the filing date. Both consumers and business operators may file claims under the Consumer Case Procedure Act. While the Act narrowly defines the terms, “consumer” and “business operator”, the courts have broadly interpreted the Act to include claims filed against property developers by their customers. Similarly, a property developer can file a consumer claim against a customer who has failed to make progress payments or pay other outstanding invoices. Another significant benefit of filing claims under the Act is the waiver of court fees. In traditional civil claims, the claimant (plaintiff) is required to pay a court fee equivalent to 2% of the total claim (with certain limitations). Under Section 18 of the Act, however, court fees are waived for consumer claims. From a public policy perspective, the Act embraces the concept that consumers should not be dissuaded from asserting their legal rights due to high litigation costs. When filing a consumer claim, the plaintiff can also demand payment of interest on the outstanding amount at the statutory rate of 7.5% (as provided under Section 224 of the Civil and Commercial Code). Once the court has rendered its judgment, it may be necessary to enforce the judgment if the defendant does not comply voluntarily with the court’s order. In such cases, the Legal Execution Office will assist the prevailing party to attach the assets of the defendant. While most frequent visitors to Koh Samui hope to never see the inside of a court house, the Koh Samui Provincial Courthouse is probably the most beautiful courthouse in the nation – sitting high on the hill overlooking Hua Thanon. If you find yourself in the middle of a consumer claim someday, take time to enjoy the view. By Daniel Chernov and Pachara Limjantra DFDL Mekong Legal and Tax Advisers samui@dfdlmekong.com

Own This View

Only 3 plots left!! Bangpor Mountain View

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Sea view land Bophut Hill Soi Koa Pra Chanote Title 2 Rai 67 sqm. Concrete Road, Public Utility

ซอยเขาพระ บ่อผุด, โฉนด เนื้อที่ 2 ไร่ 67 ตรว. ถนนคอนกรีต สาธารณูปโภคครบครัน

Bophut Land, opt. Bophut Temple, Chanote Title 39 sqm.

สามแยกบ่อผุด ตรงข้ามวัดบ่อผุด พุทธาราม , โฉนด เนื้อที่ 39 ตรว.

Bophut Hill, Soi Koa Pra, Chanote Title 2 Rai 1 Ngan 49 sqm. Public Road, Public Utility

ซอยเขาพระ บ่อผุด, โฉนด เนื้อที่ 2 ไร่ 1 งาน 49 ตรว. ถนนสาธารณะ สาธารณูปโภคครบครัน

Lamai Mountain View, Sea view of Lamai beach Chanote Title 20 Rai, Public Road

เขาละไม สามารถเห็นหาดละไมโดยรอบ โฉนด เนื้อที่ กว่า 20 ไร่ ติดถนนสาธารณะ

Living on Koh Samui & Koh Phangan

146

110

38 Koh Samui Map 39 Living on Koh Samui 42 Personal Profile: DFDL Mekong Legal & Tax Advisers 130 Koh Phangan Map 131 Living on Koh Phangan Property 8 Island Update 10 Arbitration Update 12 Legal Update: Legal For Foreign Investors 14 Legal Update: Resolving Property Disputes 52 Developer Profile: Palm Construction 56 Main Feature: Perspectives For Development 72 Building a Home 74 Building Regulation 76 Villas Letting 77 Villas Letting Agents 88 Tax Update Legal Tips 90 Land Title Deeds 91 Chanote Land Title 92 Tips for starting a new business: English 94 Tips for starting a new business: Chinese 96 Tips for starting a new business: German 98 Tips for starting a new business: Russain 100 Tips for starting a new business: French 102 Visa and Work Permits

House & Home Tips 40 Shopping 110 Architectâ&#x20AC;&#x2122;s Talk: Naturally Stoned 112 Interior Tips: How To Decorate Your Home Without Breaking The Bank 114 Garden Guide: The Art Of Composting 116 Home Maintenance: Scratch That Itch Island Life 118 Smart Samui: The Future Of Lighting - LED 144 Expo: Water Treatments 146 Green File: Earthships Housing 148 Island Life Home Directory 150 Home Directory Koh Samui Developers and Estate Agents 2 Artrium Suites 4 Mandalay Samui Developments 5/7 Beach Republic Estates 6 Laan Dara Samui 16 Bang Por Mountain View 17 Land For Sale 18 Horizon Homes 30 Ocean 11 Beach Front Residences 31 Phathong Residences 32 Ban Sweet Coconut 33 Properties For Sale 34 The Emerald Tongson 44 Private Villas 46 Samui Villas and Homes 51 Sea View Properties

60 Taling Ngam Mountain View 61 Beach Land For Sale 63 Palm Group Asia 78 Advance Inter Development 80 Bang Por Villa 82 Palm Greek Residence 153 Maenam House 153 Bang Rak House 155 The Park Samui: Tropiculture 156 Play At Samui 158 Siam Immo Company Koh Phangan Developers and Estate Agents 132 Thong Nai Pan Estate 134 Sage Land & House Legal & Accounting Services 86 IPM Samui 103 DFDL Mekong Legal & Tax Advisers 104 Limcharoen Hughes & Glanville Finance Services 67 GFS Australasia Architect & 3D 68 SIL Architects Audio Visual Interior Design 69 Creative System Projects 108 AV Installation System

Properties Services 36 Infinity Home Management 66 Managing Samui 69 Creative System Projects 70 European Rain Guttering 71 Jman Ltek - LED Lighting 84 Nemtek Electric Fencing 109 Nite Stone 138 Ecomate Interior Design 87 I.P.M. Samui 106 Surat Baansuy 142 Eternal Flame Kitchen & Hardware 87 I.P.M. Samui 143 HĂ¤fele Sport Engineering 139/141 Seara Sports Swimming Pools 120 124 126 127 128

Siam Pools Shop Special Advertisement Siam Pools Shop CP Pools Desjoyaux Pools TSP Swimming Pools

Security 69 Creative System Projects 105 B-Smart Systems Construction & Project Management 37 Blue Building 45 RS Built 62 Palm Construction 164 Samui Villas & Homes Photography 136 Fantasy@work Leisure Samui 30 140 154 160 162

Ocean 11 Beach Front Restaurant Tesco Lotus 100 Degrees East Dive Team BBC CafĂŠ The Gallery Bar & Restaurant

size=14.8x21 cm

Management & Editorial

sun=8mm

The Definitive Guide to Samui & Phangan Real Estate

April / May 2011 | ISSN 1686-8838

April / May 2011

RESOLVING PROPERTY DISPUTES Samui Provincial Court

www.samui-phanganmagazine.com 3/23/11 2:27 PM

Palm Construction www.palmgroupasia.com

Distributed at Samui Airport & Suwannaphume Airport Courtesy

Published By: Satayu Publishing Co.,Ltd. จัดทำ�นิตยสารโดย Managing Director: Yuwares (Yu) กรรมการผู้จัดการ (66) 08 9772 1589 yu@satayu.com Sales & Marketing: Jiratchaya Nasompak(Fai) ฝ่ายขายและการตลาด จิรัชยา นาสมภักดิ์ (ฝ้าย) (66) 08 5794 7696 sales@satayu.com Associate Editor: Julz K. Writer: Julz K. Legal Advisor: Surin Puangpakdee ที่ปรึกษาด้านกฎหมาย from NSP & Laws Firm Publication Design: Satayu Publishing Co.,Ltd. Graphic Design: Jeadsada Yeanyong Accounting: Yuwares (Yu) ฝ่ายบัญชี (66) 08 9772 1589 Distribution: Satayu Publishing Co.,Ltd. จำ�หน่ายและวางนิตยสาร Publisher License: ISSN 1686-8838 เลขมาตรฐานสากลประจำ�นิตยสาร ใบอนุญาตจดแจ้งการพิมพ์ สศก ๑๔ นศ/๒/๒๕๕๓ Publisher Office: Satayu Publishing Co.,Ltd. สำ�นักงาน 34/9 Moo 4, Bophut, Koh Samui, Suratthani 84320 Thailand. Tel/Fax (66) 077 484 616 Mobile: (66) 08 9772 1589 Homepages: www.samui-phanganmagazine.com Printing & Colour separation: Amarin Printing and Publishing Co.,Ltd สถานที่จัดพิมพ์ 65/101-103 Chaiyaphruk Rd., Taling Chan, Bangkok Thailand 10170 Tel. 66 (0) 2422 9000 Disclaimer: All the information, discussions and opinions contained herein are not to be a comprehensive study nor to provide advice, legal or otherwise and should not under any circumstances be used as a substitute for specific advice, legal or otherwise, in respect of individual situation and circumstances.

With the high season cooling down, the weather heating up and the Thai New Year beckoning, Samui is brushing itself off and looking to the future. New projects are launching, others reaching completion and the island continues to grow and develop to match the diverse demands of its global audience. In this issue we look at new developments in the legal sector with information from international law firm DFDL Mekong. Laws that protect foreign investors and offer a more secure investment landscape for the island. We also feature cutting edge water treatment and lighting systems designed to enhance residentsâ&#x20AC;&#x2122; lifestyle. Ideas which the islandsâ&#x20AC;&#x2122; new buildings to ever more sophisticated heights. Our Developer Profile features Palm Construction Co., Ltd. part of Palm Group Asia, a professional construction company on Samui with industry experience spanning three generations of family expertise. All the features and articles are provided by industry experts and the information is designed to inform and inspire residents, investors and visitors to make the most of the island and its opportunities. We hope you enjoy the read.

ฤดูกาลท่องเที่ยวของเกาะสมุยได้ผ่านพ้นไป พร้อมกับอากาศที่เริ่มร้อนขึ้น และ วันสงกรานต์ที่กำ�ลังจะมาถึงในอีกไม่กี่วันข้างหน้า มีโครงการใหม่ๆหลายโครงการ กำ�ลังจะเปิดตัวบนเกาะสมุยของเรา ในขณะที่อีกหลายโครงการกำ�ลังจะเสร็จ สมบูรณ์ในไม่ช้า คงไม่อาจปฏิเสธได้ว่าเกาะสมุยยังคงมีการพัฒนาไปในทางที่ดี อย่างต่อเนื่อง และมีแนวโน้มจะเพิ่มสูงขึ้นอีกในอนาคต เพื่อรองรับปริมาณนักท่อง เที่ยวและนักลงทุน จากหลายๆประเทศทั่วโลก สำ�หรับนิตยสารสมุย-พงันฉบับนี้ เราจะเริ่มต้นที่การแนะนำ�ให้ทุกท่านรู้จักกับ บริษัทที่ปรึกษากฎหมายระดับโลก DFDL Mekong บริษัทที่พร้อมให้คำ�แนะนำ�ด้าน กฎหมายเพื่อคุ้มครองนักลงทุนต่างชาติ และนำ�เสนอภูมิทัศน์ทางด้านการลงทุน ที่มีความปลอดภัยมากยิ่งขึ้น นอกจากนี้ ในคอลัมน์สารคดีพิเศษ เราจะนำ�เสนอ เรื่องระบบการบำ�บัดนํ้าและระบบแสงที่ออกแบบมาเพื่อยกระดับไลฟ์สไตล์ของผู้ อยู่อาศัย หลากหลายไอเดียที่ทำ�ให้สิ่งปลูกสร้างใหม่ๆบนเกาะสมุย มีความทันสมัย มากยิ่งขึ้น สำ�หรับคอลัมน์ Developer Profile ฉบับนี้ เรามีบทสัมภาษณ์พิเศษจากบริษัท ปาล์ม คอนสตรัคชั่น จำ�กัด บริษัทในเครือปาล์มกรุ๊ป เอเซีย บริษัทรับเหมาก่อสร้างระดับ มืออาชีพของเกาะสมุย ที่สั่งสมประสบการณ์ด้านการรับเหมก่อสร้างมายาวนานถึง สามช่วงอายุคน สุดท้ายนี้ เราอยากบอกว่าทุกคอลัมน์และทุกบทความที่เรานำ�เสนอในนิตยสาร ของเราทุกฉบับนั้น เขียนโดยผู้เชี่ยวชาญในธุรกิจและอุตสาหกรรมแต่ละประเภท เพราะเราต้องการนำ�เสนอข้อมูลที่เป็นประโยชน์และสร้างแรงบันดาลใจให้กับผู้ที่ อาศัยอยู่บนเกาะสมุย นักลงทุน และนักท่องเที่ยวเพื่อสร้างผลประโยชน์และโอกาส สูงสุดให้กับเกาะสมุยอย่างแท้จริง

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Phathong Residence

Houses for Rent & Sale Secure, private complex(near Samui airport), large communal,

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Koh Samui Map

Living on Samui There is a fast growing expatriate community on Koh Samui, with people moving from Europe and beyond to escape the stresses of western life. Thailand is known as one of the most welcoming countries in the world and as Koh Samui has developed over the years it has gradually begun to offer all the comforts of home, but in a tropical island location. Living on Samui is easy; the island now offers a range of excellent locations for shopping, including two large, well stocked supermarkets: Tesco Lotus, Big C and Tops. In fact, with all the modern conveniences now available it’s sometimes easy to forget you are in Thailand at all. New shopping malls and entertainment centres are on the way, and Western treats like good wine and imported food that foreign residents may have once missed, are now readily available. People who live on Samui enjoy a vast choice for wining, dining and entertainment. Thai food of course abounds, and is both tasty and extremely good value. There is also a huge choice of international cuisine with everything from fine French cuisine to fast food chains. For those who like drinking and socializing, many Western style pubs and clubs not only serve local alcoholic drinks but also offer many favourite international brands. A number of bars also show live international sporting events, so it’s possible to enjoy a cold beer in the sun whilst watching your favourite football team play in the cold wind and rain back home. Of course Thailand wouldn’t be the same without its people. It is mainly because of their friendly nature that foreign visitors keep coming back and end up living on Samui. Most local people speak a certain amount of English, which means that speaking Thai is not necessary, although life becomes much easier if you do make the effort. Don’t expect tobe living an authentic Thai life though; around 80 percent of the population on the island is made up of visitors or expats. Samui is fast becoming a comfortable, sophisticated haven in the sun, but it is also important to remember that there are significant cultural differences that may cause frustration. Local people enjoy a relaxed approach to life, and this can take some getting used to. As long as you are prepared to meet the local people half way, living on their tropical island can be a pleasure indeed.

Shopping

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Personal Profile

PROFESSIONAL ADVISERS TO THE REGION 42

DFDL Mekong is the first leading international law firm specializing in emerging markets with pan-regional legal and tax expertise throughout the Mekong region (Thailand, Cambodia, Vietnam, Lao PDR, Myanmar) and Singapore. After joining operations with McEvily & Collins in 2010, DFDL Mekong currently operates three offices in Thailand, including Bangkok, Phuket and Koh Samui with a staff of 30 lawyers and legal advisors. Inheriting more than 5 years of solid, exceptional experience from McEvily & Collins in Koh Samui, DFDL Mekong offers outstanding expertise in foreign property transactions on the island. DFDL Mekong also manages a growing litigation practice in Koh Samui, assisting foreign investors to resolve business and property related disputes in Koh Samui Civil Court. DFDL’s office in Koh Samui is managed by an active team of Thai and foreign-licensed attorneys. Our Koh Samui office is led by DFDL Partner (and former McEvily & Collins partner) Marcus Collins. Marcus has more than 20 years experience advising clients on investing and operating businesses in Thailand. He has practiced in Thailand at some of the world’s most prestigious firms including Allen & Overy, where he was a partner. Marcus left Allen & Overy in 2003 to join McEvily & Collins. In search of new regional opportunities, Marcus merged his firm into DFDL Mekong in January 2010. His practice focuses on general corporate/commercial work and property and finance transactions. Marcus has a LL.M. from Cornell Law School and a LL.B. from Erasmus Universiteit, Rotterdam, The Netherlands. He maintains his membership with the New York State Bar Association and is also admitted in Amsterdam, The Netherlands. Marcus speaks English, Dutch, conversational Thai and German. Marcus Collins is supported in our Koh Samui office by American attorney, Daniel Chernov (1986 alumni of Georgetown University Law Center), Thai attorneys Ms. Kejnapaht Ungsurungsee and Mr. Pachara Limjantra (both alumni of Assumption University), paralegal Ms. Narisara Charoenporn (2005 alumni of Taksin University), accountant Ms. Ketsirin Chuayyim (1999 alumni of University of the Thai Chamber of Commerce), and communications specialist Ms. Onuma Polawik (2008 alumni of Rajabhat University in Surat Thani). With a team of over 250 foreign and local lawyers, advisers and support staff working closely together within a network of 9 offices in the region, DFDL provides personalized and costeffective legal, tax and consulting services and solutions with specific expertise in: • Real Estate & Construction • Corporate and Commercial Transactions • Litigation and Dispute Resolution • Energy and Infrastructure Projects • Taxation DFDL Mekong was established in 1994 and has an outstanding reputation for work in development, financing, secondary sales and acquisitions. The firm’s team of experts are committed to providing international standard, state-of-the-art legal and tax solutions throughout the Mekong region and beyond. DFDL Mekong’s offices in Koh Samui are located on the Ring Road opposite MAKRO. Tel: 077 484 510. email: samui@dfdlmekong.com

Private House for sale Beautiful House on Chaweng Hills in private residence with a breath-taking view

DESCRIPTION

Large, recent, very practicle private house on two floors, situated in a residence, on the hills of Chaweng, the most popular tourist area of the Island of Koh Samui. The house is shaped in a U form, facing East and opened towards a breath-taking view of Chaweng. The main top floor, on road level, is 240 square meters and consists of a large living/dining room, guest toilet, fully equipped kitchen, office, dressing room, bath room with shower and toilet, master bedroom, around a large patio and terrace in the middle of which are a fish pond and a Jacuzzi. On the road side is a very large terrace and side garage. Parking is possible for 3 cars. The second lower floor has two accesses: one from the main floor by a spiral metal stair case, the other from an outside door reached by the stairs going down from the garage to the garden. It consists of a long corridor leading to 2 guest-rooms, a bathroom between the two guestrooms, with 2 washing basins, shower booth with hot water, toilet, a store room and laundry room. House has internet and Ubc Satellite TV. Residence has Security and a common swimming pool. House is used at the moment for a small Bed and Breakfast business, but can be used only for private residents. (Please look website for more pictures, description and plans) Land title Land size Owner PRICE

: : : :

chanote 500 square meters Thai Company 20,000,000 Baht (open to negociation)

CONTACT: Mobiles:+ 66 (0)81 089 82 49 (for Thai/English), + 66 (0)81 899 17 67 (for English/French) Website: http://www.premiumwanadoo.com/atmanasamui/ Email: manahome@wanadoo.fr

BAAN PURI Price : ON APPLICATION Baan Puri is a truly exceptional villa. The villa is 6 bedrooms and 7 bathrooms build on 1800 Sqm. of beach land located in Lipa noi area with the stunning view of sunset & signature of Samui Five Island. Everything about this property exudes luxury and excellence; and a more spacious, well designed layout would be very hard to find.

BAAN DALAH

HB 027

Price : 39,000,000 THB

Baan Dalah is a modern property situated on the beachfront in Bang Rak; on the northeast coast of Koh Samui. Consisting of three spacious bedrooms in a walled environment, this villa has the benefit of privacy and stunning views to neighboring Koh Phan Ngan. It’s also conveniently positioned to enjoy the local restaurants and bars. Samui’s busiest resort area of Chaweng Beach is only 10 minutes away.

MAE NAM - 4 BR

HB045

Price: 36,500,000 THB

THE HEADLAND VILLA

HB 047

Price: 29,250,000 THB

This is a truly exceptional villa with an interesting layout which is enhanced by an exquisite collection of furniture and artwork. Having entered this private and exclusive luxury estate you’ll be immediately aware of the overall quality, beauty and the care taken to keep these homes in pristine condition.

As part of Samui’s most exclusive, prestigious and private estate of just six properties this villa has an instant appeal. From the moment you arrive at the Headland estate you will be struck by the peace and nature of the location. A tree-lined stone pathway leads to the villa and also directly onto an absolutely idyllic white-sandy beach. From the villa, you can enjoy uninterrupted views of the Five Islands, the Ang Thong National Marine Park and over to the mainland.

LUXURY REAL ESTATE PROFESSIONALS 11/7 Moo1, Bophut, Koh Samui Suratthani 84320 Tel: + 66 [0] 77 430 326

www.epsamui.com

Email: sales@epsamui.com

BANG RAK - 4 BR

HV088

Price: 20,000,000 THB

The Villa locate in Big Buddha area. This villa with panoramic views over the tranquil azure waters of the Gulf of Thailand is built on three levels. The main living area located on the first floor has sliding glass walls on the front and back, which allow the sea breeze to flow through the house while at the same time capture the breathtaking sea views on the 10 x 5 m infinity pool and pool deck. Rooftop area set up as BBQ deck with large sitting sofa set for party time.

BANG PO - 2 BR

CHOENG MON - 3 BR

Price: 15,500,000 THB

Price: 7,400,000 THB

CHAWENG NOI - 3 BR

HV091

Price: 17,600,000 THB

The Emerald Beach Villas is a stylishly designed estate with houses benefiting from a blend of contemporary architecture with traditional Thai influences creating attractive and eye-catching beachfront properties. The beach at Laem Noi is secluded but only meters away from the main road that offer the views over to the Ang Thong Marine Park.

LAMAI - 3 BR The villa located on a serene hillside just south of Lamai beach Koh Samui. Beautifully appointed, with luxurious finishings and built to European standards. A haven for the weary who are seeking a place to unwind. These villas are built with imported European materials of quality and furnished to complement the stylish architecture. Each villa is 248 sqm. and has generous master bedrooms that provide a stunning view of the sea. The infinity pool creates a sense of connection to the nature that surrounds you.

HB057

Price: 18,000,000 THB

HG059

Amazing modern sea view property is located in an established resort in the North East of the island, central location. This nice villa is comprised of four bedroom and private swimming pool which can enjoy the unobstructed view of the sea.

CONDO - CHOENG MON Price: 6,270,000 THB

Beautiful 3 bedroom villa set on a private estate with shared swimming pool. Single level house in a superb location within 10 minutes of joining all the amenities. Peaceful and quiet surrounding. The garden offers a Large decked area with a snooker table.

Designed to fit seamlessly into the landscape, The Park Samui provides 24 well-designed living units, two spacious swimming pools, lobby, reception, exercise room, lush tropical gardens and water features in view from every window, terrace and balcony of each unit.

LUXURY REAL ESTATE PROFESSIONALS 11/7 Moo1, Bophut, Koh Samui Suratthani 84320 Tel: + 66 [0] 77 430 326

www.epsamui.com

Email: sales@epsamui.com

TALING GNAM - 3.5 rai

B155

Price: 60,000,000 THB

V172

Price: 52,000,000 THB

A Rare opportunity to acquire on of the very few remaining plots of smallish beach front land available on Koh Samui. The government/Tesebaan build permits are already in place for 2 huge beach front mansions, electric, water and concrete road is also already installed

BAAN TALAY - 1.25 rai

PHANG KA - 6.5 RAI

B149

Price: 19,000,000 THB

A rare opportunity-a stunning plot of beach front land with wide frontage. This plot of beachland is located in Baan Talay area in the South West of the Island with a beautiful calm beach. The plot has full infrastructure in place of concrete road, electricity at corner of the plot. this plot is an ideal for private luxury villa or anyone who are looking for future investment.

CHAWENG NOI - 6.5 RAI

V151

Price: 35,750,000 THB

Ocean view land plot in Phangka, on the gently slop hill, fantastic 180 degree sea view of Phangka bay and Thong Tanote beach which has got the most beautiful sunset view on Koh Samui. Just 100 meters to the beach, the land face to Koh Taen, Koh Mud sum and The Five Islands.

BOPHUT - 1.3 RAI V166 Price: 5,000,000 THB Spectacular 180 degree seaviews from high up on Bophut Hill. This 1.3 rai (2,080 sqm) property offers an easy building site with fully infrastructure to the boundary.

A rare opportunity- enjoy the best of both worlds that are sea view and beachfront land. It comes with concrete roads enbling access to the land. This plot size of 6.50 rai is located in an exclusive part of the island in Chaweng Noi area (North East of Samui island). It has fantastic views with a beautiful calm beach so that

BOPHUT - 1,200 sqm.

V169

Price: 4,000,000 THB

The land situated in a very good spot, prime location but still remain privacy. Decent land size to build a dream holiday home, the upper floor of the house will get the partial sea view of the famous Bophut beach. Fully infrastructure, very reasonable price.

LUXURY REAL ESTATE PROFESSIONALS 11/7 Moo1, Bophut, Koh Samui Suratthani 84320 Tel: + 66 [0] 77 430 326

www.epsamui.com

Email: sales@epsamui.com

PHANG KA - 6.5 RAI Location Land Size Price Ownership

V172

: Phang Ka : 6.5 rai : 52,000,000 THB : Freehold

LUXURY REAL ESTATE PROFESSIONALS 11/7 Moo1, Bophut, Koh Samui Suratthani 84320 Tel: + 66 [0] 77 430 326

www.epsamui.com

Email: sales@epsamui.com

LAMAI OCEAN VIEW VILLA - 3 BR Location Land size No. Bedrooms Price Ownership

: Lamai : 433 sqm. :3 : 25,000,000 THB : Freehold

The villa located on a serene hillside just south of Lamai beach Koh Samui. Beautifully appointed, with luxurious finishings and built to European standards. A haven for the weary who are seeking a place to unwind. These villas are built with imported European materials of quality and furnished to complement the stylish architecture. Each villa is 250 sqm. and has generous master bedrooms that provide a stunning view of the sea. The infinity pool creates a sense of connection to the nature that surrounds you.

LUXURY REAL ESTATE PROFESSIONALS 11/7 Moo1, Bophut, Koh Samui Suratthani 84320 Tel: + 66 [0] 77 430 326

www.epsamui.com

Email: sales@epsamui.com

E X CE P T ION A L SE A V IEW P R OP E RTY FOR S A LE

KOH S A M UI - NO RT H C OAS T

Superb 7 bedroom/ 6 bath freehold residence enjoying spectacular sea views to Koh Pha Ngan. Arranged as two self contained villas each with their own lounge and western style kitchen facilities. Study. Car parking for 4 cars. Beautiful gardens extending to 1.6 rai ( 2500 sqm ) with Nor Sor 3 Gor land title. Large swimming pool and separate children’s pool. Minutes from pristine beach and championship golf course. Total built area of villas 600 sqm plus additional 220 sqm swimming pool complex. Suitable for multiple uses as residence and investment/ rental property. Wi-Fi enabled. FREEHOLD PRICE: 34.5 million Baht - Negotiable Email Contact : Chris1013@hotmail.com ( English ), Supatsara99@hotmail.com ( Thai ) Telephone : 089-785-5084 or 089-233-7363 FOR FURTHER DETAILS AND VIEWING

Developer Profile

Main Feature

Samudra

Photo Courtesy of Samui Villas and Homes

PERSPECTIVES FOR DEVELOPMENT Koh Samui faces new opportunities and challenges. Recent statistics released on tourist arrivals, supply and demand, airlift and growth markets, provide useful indicators for businesses planning strategies for their future success. Samui’s path from remote backpacker haven to full scale resort and residential destination is a complex process that has already seen a number of highs, lows, twists and turns. The island’s current economy is in a state of transition, with outside economic influences and internal development both significant in terms of future growth. Recent statistics released by C9 Hotelworks, an internationally recognised consulting firm with experience across the Asia Pacific region, show a significant shift in demand when it comes to source markets for tourism, property and investment. A period of fast investment in the high end hotel sector has given the island a stronger luxury profile, but a drop in tourist arrivals from Europe has also created something of an oversupply. Some 800 rooms will be added to the hotel supply by 2012, but a lack of competitive air routes to the island may restrict Samui’s ability to fully support this growth. This, in turn limits the island’s ability to attract property buyers, causing a reduction in sales volumes and a general slowdown in the property market. The island continues to grow, but in order to sustain and boost this growth, new strategies may be called for.

Baan Puri

Photo Courtesy of Samui Villas and Homes

Managing volume According to C9 Hotelworks, aircraft movement to Samui grew by 15% last year, but flight utilization is at 73%, which means there is still plenty of room for growth. A limit of 36 flights per day, however, makes serious expansion difficult and this, coupled with a year-on-year decline in European tourist arrivals, which dropped by 16% in 2010 due to the overall global economic decline has caused a shift in focus for the islandâ&#x20AC;&#x2122;s business. Although the top 2 international source markets were still Germany and the UK, in terms of market growth, the Thai domestic market came top of the list with new source markets such as Russia, the Middle East and Eastern Europe also performing well. These changes, combined with a significant reduction in the number of repeat visitors and increased competition from Samuiâ&#x20AC;&#x2122;s sister destinations like Koh Phangan and Koh Tao have prompted a market shift. Price sensitivity is certainly one of the factors affecting the Samui market. The average room rates for hotels dropped significantly in 2010, especially at the luxury end of the market with an average decrease of 34%. However, this also boosted the islandâ&#x20AC;&#x2122;s appeal as a luxury destination with better facilities and services available to guests at more competitive prices. Several of the new additions to the luxury resort scene on Samui are mixed use developments that attract high net worth individuals. Big names like W Hotels, Conrad, Four Seasons and Banyan Tree attract a wider global clientele, creating opportunities for developers with products that appeal to those in search of exclusive island homes. Luxury demand Another indication that the market for luxury continues to grow on Samui is the increased popularity of villa rentals. Companies such as Samui Villas and Homes are continually expanding their portfolio of exclusive private properties on Samui and demand for these residences is strong, especially from families and groups who recognise the added value of personalised services and the economy of sharing private facilities. Once again, such rental demand raises the profile of property on Koh Samui and in some cases, rental guests have become investors in island property based on the indulgent experience they enjoyed while staying in a private villa. Supporting this luxury growth, an ever expanding selection of top quality dining and entertainment options on Samui offers luxury guests and investors the kind of choices they enjoy in much larger destinations. Celebrated chefs, beachside bistros and a full menu of top quality imported products and ingredients mean residents and visitors can enjoy the ultimate high-end tropical lifestyle without having to travel great distances. The combination of on-site and stand alone venues is a definite advantage for those who visit Samui looking for the finer things in life. 58

Another addition to the high-end lifestyle that is attracting increased interest and investment is the islandâ&#x20AC;&#x2122;s sophisticated party scene. Beach clubs such as Beach Republic and Nikki Beach attract top flight DJs and performers and increasingly appeal to the regional jet set crowd. As well as being an attractive annual holiday destination. Koh Samui is also ideal for long weekends with direct flights from Bangkok, Singapore, KL and Hong Kong allowing those looking for the ultimate party weekend to jet in an out for a weekend of sun and fun. Such options also create opportunities to attract property investors. In fact, Beach Republicâ&#x20AC;&#x2122;s attached villa development is already entering its second phase and proving very popular with a diverse range of buyers. Ownership diversity One way for property companies crossover with the tourism market on Samui and move with changing demands to target investors in various sectors as they grow and develop, is through creative ownership structures. Companies like Royal Nirvana, developers of the above mentioned Beach Republic and Palm Group Asia, developers of Banyan Villas, now offer investors a range of flexible payment packages that include fractional ownership options and credit terms. With a large percentage of investors attracted to the island looking for a second rather than a permanent home, the opportunity to maximise their investment and combine private use with capital appreciation and rental yields adds a distinct advantage and these packages are therefore growing in popularity. In conjunction with such adaptable ownership options, management and maintenance contracts also offer investors greater security as buyers do not have to worry about maintaining their property when not in residence and can also look to generate yields by placing the property in a rental pool when they do not need it for their own use. The range of options and services obviously differs from company to company, but these ideas are certainly helping bolster the property market in the face of a drop in the number of investors looking to purchase properties outright in cash. Building on resources Although at first glance some of the statistics that have come out of Koh Samui suggest the island is going through a difficult period, closer analysis reveals the more likely explanation to be that the Samui market is in transition. Certainly there are important issues to be addressed such a flight capacity, target markets and regional competitiveness, but there are also creative solutions already taking the island in a new and exciting direction. With an intelligent, big picture approach Samui based tourism and property companies are planning to capture new markets and build a new version of the island that will ensure its continued success.

2 OCEANFRONT LOTS F o r s a l e o n To n g S o n B a y

• 2 CHANOTE LOTS WITH A TOTAL OF 66 METERS OF OCEANFRONTAGE • CAN BE SOLD SEPARATELY OR TOGETHER • LOT “A” IS 0.50 RAI = 15 MILLION BAHT • LOT “B” IS 0.65 RAI = 15 MILLION BAHT • ALREADY HAS PAVED ROAD AND UNDERGROUND UTILITIES • DIRECT ACCESS TO WHITE SAND BEACH • 2 SETS OF COMPLETED HOUSE PLANS AVAILABLE . BEST LOCATION ON THE BEACH IN SAMUI

CONTACT KHUN MICHAEL THAI TELEPHONE: 08 4707 6396 US TELEPHONE: +1 (808) 870 - 1800 E-MAIL: baskindesign@gmail.com

LED

LIGHT

ARCHITECTURE

JMan Ltek Co Ltd Mobile: +66 (o) 8 1893 5996 Email: ltek@jman-marina.com 8/59 Moo 5 Bophut Bophut Koh Samui 84320 Thailand

Building a Home

Building Regulations

Holiday Villas

Stunning Villa For Sale Delightful property built on a half Rai of land overlooking the stunning view of Bang Po beach over to Koh Phangan. Occupying 1000 sqm of living space this luxury house features it’s own waterfall and sizeable infinity pool with Jacuzzi. The property is protected by a state-of-art security and camera system • 5 Bedrooms (3 with En Suite Bathrooms) • 3 Bathrooms • 3 Living Rooms • 2 Kithens • 1 Dining Room • 1 Pool Room

• 1 Gym • 1 Office • Carport for two cars • Twin Motorbike Garage • Maid’s Quarters • Sold fully furnihed

Price on Application Tel: +66 (0) 8 1341 4755

Tax Update

ILL-ADVISED TO USE A THAI LIMITED COMPANY TO OWN A HOLIDAY HOME

ccording to Section 1012 of the Civil and Commercial Code of Thailand (the “CCC”), the purpose of forming a limited liability company is to make profit. However, in Thailand, especially in its resort destinations, such companies have frequently been used for a different purpose. Many investors have chosen to use a limited company as a vehicle to own a villa or condominium “holiday home” in the Kingdom. The choice of a Thai corporate holding vehicle is most often explained as being due to the stringent laws relating to freehold ownership in the Kingdom. The legality of such an undertaking will not be discussed in this article. Instead, in the following, we present Part I of a two part article in which we take a brief look at the unfortunate and unnecessary tax consequences that may result by owning a holiday home in Thailand by means of the all too common but nonetheless ill-advised use of a Thai company limited. Even though the said investor may set up and use a local corporate vehicle only for the purposes of owning a holiday home in Thailand, the Revenue Department does not see it that way. The Revenue Department will treat such a company as if its purpose is as provided in the CCC: making profit. The Revenue Department will, therefore, interpret all of the company’s actions in light of such purpose. This, when combined with the Revenue Department’s power to upwardly assess income, can result in sever consequences not only for our investor’s company but also for investor personally. This is because the Revenue Department is empowered to tax an investor’s corporate home owning structure in two ways.

First, the investor will obviously use the asset as a holiday home. He will stay in the acquired villa during his holidays in the Kingdom. Typically such a person will not pay any rent to “his” company during his stay. However, if it is as typically the case that the investor is also a director of his corporate vehicle that owns the villa or condominium, it will be deemed that the company is providing accommodation for its director. In such a case the Revenue Department has the power to assess such a rent free stay as taxable personal income. Section 40(1) of the Thai Revenue Code (“RC”) defines assessable income as “monetary value of rent-free residence provided by the employer”. The person liable for tax in Thailand that receives this assessable income is required to report and remit income using the personal income tax return form PND 91 by the last day of March after the year in which the income was paid. If the director fails to do so, he might be assessed by the Revenue Department and penalized for failing to file an accurate return or any return at all. Apart from having to pay the assessed taxes, a penalty is payable in accordance with Section 22 of the RC in the amount equal to the tax payable. In event the failure to file any return at all, the penalty is twice the tax payable ( RC: Section 26). Second, not only the individual, but also the company might be penalized as result of the director’s rent-free accommodation. Please note that the company is required to deduct and remit a specified withholding tax on any assessable income, including such rent-free accommodation income. If the company fails to deduct and remit the relevant withholding tax, the company is jointly liable with the tax payer for the unpaid amount. Failure to report such income can result in an assessment by the Revenue Department resulting in a penalty equal to the amount of the additional tax payable and a surcharge of 1.5% per month on the tax payable (but not to exceed the total tax payable). One might think that an obvious solution would be to ensure that the person that uses the company’s asset for a rent-free stay is not an employee of the company. However, this is not the case because the Revenue Department has the right to assess rental income of the company. In case the asset of the company is used for a rent-free stay or a stay whereby only a pro forma rental amount is declared, the Revenue Department is entitled to assess a higher rental amount. This might occur if the pro forma rental amount is below market rate. The company will be subject to corporate income tax on such an assessed amount even though such an amount was not actually paid. Finally, it should be noted that a further tax, the house and land tax (“HLT”) is applicable to such holiday home rental income. In Part II of our article we will point out the additional unfortunate and unnecessary HLT liabilities that result from the all too common but nonetheless ill-advised use of a Thai limited company to own a holiday home. DUENSING KIPPEN is a multi-service boutique law firm specializing in property and corporate/commercial matters and is also the only such firm in Thailand that compliments its property and corporate/commercial legal expertise with a core tax law practice. DUENSING KIPPEN can be reached at: samui@dktaxandlaw.com or for more information, visit www.dktaxandlaw.com 89

Jerrold Kippen & Olaf Duensing are senior partners at DUENSING KIPPEN Tax and Law, specialists in real estate related tax and legal issues in Thailand.

Legal

Land Title Deeds in Thailand There are two main types of land ownership in Thailand which we should explain

Rights of Possession Firstly there is the right of possession, for example, land that has been used by a family for generations to the benefit of the land and they have possession rights of the land under the civil and commercial code. Such titles are Sor Kor 1,Tor Bor 5 , 6 or Sor Por Gor 4. These titles basically are only family possession rights and generally only used for farming. These titles can not be bought or sold and no building rights or legal acts would be allowed on the land. I do know of cases where families being in possession of certain pieces of land for generations have been able to upgrade them to regular land title deeds but this is not generally the case and any serious investor would not normally give any credibility to these titles of possession.

Rights of Ownership Usually we are looking for land title deeds giving right of ownership not possession. Here there are basically three title deeds:- Chanote, Nor Sor 3 and Nor Sor 3 Gor. The most sought after titles are the Chanote and the Nor Sor 3 Gor as both these titles have legal documents of Rights of Ownership and can be sub-divided into smaller plots and planning permission and any such legal acts can be carried out immediately on the land.The only difference with the Nor Sor 3 is that although legal documents are issued for the land it has not been accurately surveyed which can lead to problems in verifying actual land area. And if any legal act is to take place on this land it must be published for at least 30 days. As we have been saying all the way through if it is not clear 100%, seek the advice of a legal professional in this field, as there are also many other issues that are important to consider such as servitude, access and rights of way.

Land Measurement & Survey Land in Thailand is measured in Rai, Ngan and Talang Wah. • 1 Wah= 4 sqm • 1 Ngan= 100 Wah or 400 sqm • 4 Ngan= 1 Rai or 1600 sqm In comparison to Western Standards: • 2.50 Rai= 1 Acre • 6.25 Rai= 1 Hectare 90

Legal

Tips for starting a new business Are you planning to start your own business for the first time in Thailand? If so, we hope this useful information will help put your business on the right track. The simplest and easiest sort of company for foreigners to form with a small business is a Thai Limited Company. In Thailand, a Limited Company is a company with up to 100 shareholders, who share the same business purpose and is formed with a Capital divided into equal shares. Getting started To set up a company, you must first have the memorandum that can be acquired at the registration office. To properly register, you are required to provide the authorities with details of your company and list a minimum of three shareholders (who can either be Thai or foreign nationals or both). At least seven days after you first approach the department, you can call a shareholder’s meeting to reach an agreement on the purpose of your business and set up the company’s operational rules. Having agreed on the purpose of your business, you can then apply for business registration at the same department. If you cannot agree on company rules, you can refer to those stated in the Civil and Commercial Code’s partnership and companies section. Shares Besides the issues of business registration, you must also make sure that your company’s shares are worth no less than 5 baht each. These shares can be transferred or even sold if the company has no regulations on this matter. Every shareholder must be given a share certificate, a document that guarantees their status as a shareholder. Should anyone wish to transfer their shares to another party; they have to fill in the share transfer form that confirms the deal between the transferor and transferee. The company also has to have in its possession a register of shareholders that contains a record of all the company’s shareholders. The book is evidence that will identify the company’s shareholders. Shareholders and Chairperson A Limited Company’s shareholders can be either Thai or foreign nationals or both, but the percentage of shares held by foreign national plays a significant role in determining the nationality of your company, which may impose serious limitations on the company’s rights, such as landownership. If less than 49% of your company’s shares are held by foreigners, your company is considered a Thai company. However, if foreign nationals hold more than 49% of the shares, your company is a foreign company. The significant differences between Thai and foreign companies operating in Thailand lie in their rights to buy and own properties or other businesses. It is therefore important, especially for those in real estate and development businesses, to know and remember that unless your company is Thai, you are restricted in the ability to possess and obtain land and property in this country without an exemption granted by the government.

Foreign companies are also restricted to certain activities and to proceed with certain operations the company will have to apply for permission from the government. In such instances, applications will be considered case by case. They will also face tough scrutiny and strict restrictions on their right to operate and ability to run their business. These companies will be treated in the same way as foreign nationals seeking jobs in Thailand. If you are registered as a Thai company, you are automatically granted the right to purchase and own properties and other business and will be treated the same way as a Thai citizen. However, according to new legislation that has recently come into effect, the Land Department’s staff are now required to thoroughly investigate your Thai shareholders’ sources of income. Thai shareholders in a company wishing to purchase properties in Thailand have to declare their income and provide the authorities with evidence that proves their ability to co-invest with other foreign shareholders in the same company. Only those successful in convincing the authorities are granted the right to purchase and possess land. Companies with approval from the Land Department can then proceed with their applications for land title deeds or other certificates of use and possession. Little things that matter A company limited has to have its own board of directors to act on behalf of the company. This panel will, however, act under the regulations and agreements approved by the shareholders. Appointing directors or removing any of them requires shareholders approval. At the end of the company’s financial year, within five months, it shall be the duty of the company to present the balance sheet to the Department of Business Development (DBD). If your company fails to present the balance sheet, the company will be fined up to 50,000 baht and the company’s board of directors may also be fined up to 50,000 baht. If the committee refuses to pay the fine, the police can appeal to the court for a warrant and file a lawsuit against the resilient parties. Withdrawal of the company’s business registration is also another penalty the company may face, should they not provide the authorities with the necessary statement. Information courtesy of Khun Surin Puangpakdee Senior Lawyer NSP&Laws Firm

Rechtsgrundlage

Legal

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Legal

VISAS & WORK PERMITS I have recently been asked to clarify the way the Thai system works with visas and work permits if you are opening a company here and would like to have a work permit. Firstly I must point out that each Thai province does follow slightly different guidelines and my information does in no way substitute you actually having a legal consultation with a reputable lawyer’s company if you actually intend to work. There are those that believe the little they would do in reality would make a work permit hardly worth the trouble. This is a big mistake and one that could cost you more problems than you would believe. The Thai Immigration takes cases of foreigners working without a work permit very seriously and the penalties are harsh. If you are here on a tourist visa you cannot in any way participate in a job. So let’s have a look at what’s actually required to apply for a work permit. Firstly you need to have a business class visa which in most cases will have to be applied for at a Thai Consulate outside of Thailand. There have recent changes to the system, whereby smaller Thai embassies such as the one in Penang, Malaysia, have stopped issuing multiple entry visas. Initially there were those who whispered that the only way to arrange these multiple entry visas was for the individual in question to return to their home country and obtain the visa from their local Thai embassy. This however had been proved to be incorrect with the embassy in Kuala Lumpur still issuing multiple entry visas until recently, but currently the situation remains in a state of flux with even legal professionals unsure as to the long term guidelines. We therefore strongly advise obtaining up-to-date legal advice well in advance of pursuing your visa run, to ensure you are fully equipped with the documentation currently required for your business visa. Those working in Samui who earn a salary of 50,000 Baht per month however, shouldn’t have to face these visa run hassles, as they’re entitled to a business visa that only needs to be renewed once per annum at an immigration office. Further details of this scheme can be obtained via a legal professional or at the local immigration office in Na-Thon. Either way, once you have the correct visa, you’ll be able to apply for or renew your current work permit. Once again there are procedures required for this, which your legal professional will prepare for you. This process might seem tedious, but it is nothing unusual, with every country having its own procedures and legal applications. Thailand is no different and don’t be fooled by the laid back and casual attitude of many Thai people on the island, as this is no reflection of the order required in any formal legal requests such as visa or work permit applications. When it comes to legal matters you need to ensure you follow the correct procedure and can produce the appropriate paperwork. All in all, it is easy to see why the services of a professional and thorough legal company are invaluable, saving you much confusion, stress and potentially time and money. 102

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Surat Baansuy Ltd. Part หจก.สุราษฎร์บ้านสวย (คฤหภัณฑ์) CUSHION

WOODEN BLIND

TENSION MEMBRANE

AWNING

CURTAIN

SOFA

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ผ้าม่านทุกชนิด, มู่ลี่ทุกชนิด ระบบมอเตอร์ผ้าม่านทุกชนิด เบาะ, โซฟา, ผ้าใบ, หลังคาผ้าใบ, พรม, กระเบื้องยาง และ สินค้านำ�เข้าจากต่างประเทศอีกมากมาย 118/1 Robkoh Rd. Bo phut Beach Koh Samui (Opp Big C) Tel: 077-484-662-3, 081-691-1719 Lamai Branch Tel: 077-458-746-7

We are expert in curtain services for more than 20 years

Sale and Service Curtain, Roller Blinds, Bamboo Blinds, With Motor System Cushions, Sofa, Awning, Tension Membrane Carpet, Pvc Flooring, Import Product Ect Mobile: 081-536-6178 ( Mr. Jim) Email: jim@suratbaansuy.com

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AV Installation System Limited Partnership

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2/19 Moo 6, Bophut, Koh Samui, Suratthani 84320 Tel +66(0) 89 971 5775, +66(0) 87 889 8627 Fax. +66(0) 77 427 346 www.av-installationsystem.com Email: info@ av-installationsystem.com, avinstallationsystem@hotmail.com

Architectâ&#x20AC;&#x2122;s Talk

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Interior Tips

How to

Decorate Your Home without Breaking the Bank

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Many people feel that they need to have a lot of money before they can give their homes that much-needed makeover. But having little money to spend on redecorating your home doesn’t mean that you have to settle for living out of boxes. There are some effective ways to cut corners while giving your house a great redesign. Perhaps the hardest part of the process is knowing where to begin. Take out magazines and clip pages that have design ideas that appeal to you. It might take some time, but you’ll find that a certain kind of look appeals to you more than others. Take this look and think of a way to bring your own personality into the design. Don’t worry about not knowing anything about the principles of good interior design yet. Think about the elements of design in the designs that you’re looking at and see why you like or dislike them. Don’t go out and buy everything all in one day. A design project can go on for weeks or months, sometimes even years. Design and decorate your room a few pieces at a time. Develop your spaces slowly so that it doesn’t come as a shock to your bank account. Also, think of ways to reuse old furniture and at the same time, give it a new look. Your old sofa could be reupholstered or you can pick a different fabric for slipcovers to fit a design concept that you have in mind. You need to be willing to experiment on new styles other than the ones you’re already comfortable with. Break out of your comfort zone; it may hold more pleasant surprises than you think. Cost-effective ways to decorate your home on a tight budget: 1. Survey the spaces that you want to redecorate. Think about the things that you can keep and how you can reinvent them to make them fit your idea for your redecorating concept. 2. Bring in a touch of nature by putting a few potted plants into your living spaces. Plants and flowers liven up a room and give it a breath of fresh air. 3. Use lighting accessories that will complement your design. Pick candles in fashionable candle holders as part of your décor, if applicable. Choose lighting options that will serve not just to illuminate your home but to decorate it as well. 4. When redesigning your kitchen, don’t worry too much if your cabinets, tables, or dressers show some wear and tear. At times, these signs of age can be quite attractive. In fact, other people even have companies install kitchen furniture that was artificially made to look old. Your old furniture may look tired to you, but sprucing it up a little could make it look fashionably worn. 5. Add mirrors in some places around your house. Mirrors can make a room look bigger and they add some sophistication to a space when placed correctly. Article & Photos Courtesy of www.schoolofinteriordesign.org 113

Garden Guide

The Art of Composting The word “compost” basically refers to a mixture of decomposed organic materials used for enriching and aerating soil. The basic process involves making a collection or loose pile of organic matter and keeping it well aerated and moist so that it decomposes. Most garden refuse is too poor in nitrogen to rot quickly, so nitrogen rich materials are added to the mix to speed things up and increase the overall nutritional value. When this is done properly, the tiny microorganisms that rot the material have top potential for growth. When a compost heap is properly made, and a sufficient amount of nitrogenous matter added, decomposition soon becomes so rapid that the interior of the heap becomes hot and remains so for a fortnight or more. Under these conditions many harmful organisms are destroyed. There are many ‘recipes’ for compost heaps. One such simple method is to stack the heap in layers of garden and household waste, about 20 cm in thickness. On top of each layer, place a thin application of cattle dung along with a liberal sprinkling of wood ash dissolved in water. Materials The most common materials available for piling onto your compost heap are: cut grass, leaf sweepings, clippings or pruning from hedges and shrubs (young and succulent are best), dead weeds and other plants which have been pulled up from the garden. It is best to mix the greener with the dead harsher materials as the greener will decay more rapidly and assist in breaking down the more fibrous matter. Palm fronds are notoriously difficult to decompose but can still be used if you have the time and equipment to shred or finely chop them. It is also possible to use domestic refuse, such as waste food of all kinds - fruit rinds, rotten fruit, coffee grinds, tea bags, old vegetables and other such material. This is a convenient and environmentally sound way to productively dispose of kitchen waste. Be sure when using this type of material, to cover it immediately to prevent flies breeding on it. Paper, which has been contaminated with food, cannot ordinarily be re-cycled, but it can be composted. In fact any paper waste from your home such as newspapers, office waste, pizza boxes etc. can be soaked in water to soften and added (proportionally) to your compost heap. Plastic coated paper items, however, such as brochures, cannot be composted. Cattle manure is available locally from most garden nurseries and is inexpensive at around 60 – 80 Baht for a burlap sack. It’s a good idea to soak the amount you need for a couple of days in a container before layering it onto the heap. Large oval cement mixing buckets are good for this purpose. 114

Size and shape The size of the heap is governed by the space available. Some large gardens may allow for a good-sized heap of 3 x 3 metres. No heap should be more than 1.3 metres high. Too high and air will be prevented from penetrating the bottom layers by the weight above. In a small garden, a compost heap of one half or one third of this size can be made and can be kept tidy by surrounding it with a length of galvanized chicken wire mesh. This will prevent the material from escaping in the event of high winds or heavy rain. Test how the decomposition is progressing by pushing a smooth dry stick into the heap, leaving it there a while, and then touching it with the hand to feel the heat. It should be hot and moist but not soggy. During rainy season it is advisable to cover the pile with something to keep moisture out. On the other hand, if the mixture becomes too dry, the decomposition may stop altogether, so test it regularly. After about 15 days the temperature usually falls to almost atmospheric range. It is at this time you should turn it and repeat the layering process, enabling decomposition to fire up again. It should be repeated as many times as needed, but usually, in a tropical climate, the rotted material is in a sufficiently decomposed state after six to eight weeks from the beginning of the process. Well-rotted compost is easy to mix with garden soil and as plant food it can be absorbed quickly. You for this purpose in heavy soils as it has a more lasting effect on aeration. As well as using your compost for soil preparation, when preparing beds for planting it can also be forked into the surface soil around established plants, or used as mulch on the surface. Build your compost heap as far away from the house as possible and away from trees. Tree roots will grow into the compost heap and steal the nutrients from it. Composting is an easy, all natural way to add nutrients to your garden and help, if just a little, ease the load on our landfills. Information provided courtesy of Botanical Designs www.botanical-designs.asia 115

Home Maintenance

Now the weather has started warming up again, be on the look out for fleas and ticks. Both are nasty creatures that can carry disease and infect both yourselves and your pets.

simplest problem that fleas can cause pets and people - it gets a lot worse.

FLEAS A lot of people know that fleas are a real nuisance to pets and even to the people who live in a house or apartment that is infested with fleas. But a lot of people are unaware that fleas can carry and spread sickness and life threatening diseases to both pets and people. Fleas crawl and bite, and these actions alone can make a person or pet, scratch their skin a lot. This scratching can easily lead to open wounds, sores and infections, but thatâ&#x20AC;&#x2122;s the

Scratch that

itch 116

Fleas are like hitchhikers. They live on one host or creature for a while then, hop and travel until they find another. A flea that finds its way to your pet or you, may have fed on the blood of a stray dog, cat or even a rat. If that flea bites you or your pet, it can spread the same disease the rat or other animal was carrying. Fleas also transmit Tularemia and tapeworms. Other than these diseases, fleas also can cause allergies.

important that the mouth parts remain attached to the tick are not left embedded in the skin. Finally, dispose of the tick properly and disinfect the area again. Recommended disposal methods include dropping the ticks in alcohol or crushing them with your shoe heel or between two rocks - but never with your fingers.

There are some ways of self-helping when it comes to fleas.

In the days and weeks following a tick bite, watch for physiological signals that may alert you to a tick-born disease. Watch for a localized lesion or swelling at the site of the tick bite. In Lyme disease, a reddened target begins to develop within a few days, eventually reaching several inches in diameter. Be on the lookout for unexplained flulike symptoms: fever, headaches, body aches, dizziness. Unusual rashes are also important signals. Sometimes the lymph nodes become swollen and tender. An individual infected with a tick-born disease may have all or none of these signals. A doctor seeing some of these symptoms may not relate them to ticks, so tell the physician if you’ve recently been tick bitten or been in tick infested areas so that an accurate diagnosis is possible.

TICKS CARRY DISEASE

• Plant the herb known as Pennyroyal or Kennel around your home - it repels fleas. You may also wish to grow and keep the herb inside your home or apartment. • Instead of using strong chemicals and sprays on pets, try using essential oils such as Lemongrass, Lavender and Citronella to keep fleas away. The oils also have a healing and soothing effect on the pets’ skin, and they help the skin and hair to detoxify and regenerate. TICKS The only thing worse than finding a tick crawling up your leg is finding one already attached and quietly having dinner. With its mouth parts firmly anchored, these small creatures feed on the blood of their host without causing the slightest pain or discomfort. They are common creatures and people who spend any time outdoors will eventually encounter one, or more.

Try to avoid ticks by, keeping the grass around your home well trimmed and also regularly applying tick/ flea prevention solutions to your pets. Prevention is better than cure. For more information on these or any other pest, contact, ECOPEST SAMUI, www.ecopestsamui. com or 0857 912 496

If you do discover a tick on your body, or on your pets, you can easily remove it by disinfecting the area of attachment. Then grasping the tick firmly as close to the head as possible, protecting your fingers with tissue or rubber gloves (tweezers may also be helpful). Pull the tick away from the skin with a firm upward and outward movement. Never jerk or twist the tick when removing as it is 117

Smart Samui

Bathroom Interior Lighting, The Samui Boat Lagoon

The Future of Lighting - LED In times of ecological and environmental awareness, energy conservation has become a primary focus for governments, industry and private individuals, not only to combat the environmental impact of fossil fuels but also to battle constantly rising energy costs. Global electricity consumption for lighting in 2008 amounted to 4,033 TWh, which represents 19% of the worldâ&#x20AC;&#x2122;s total electricity consumption. Reducing the amount of electricity consumed by lighting by 65% would decrease the total world share of electricity consumption for lighting from 19% to 7%. The resulting electricity savings would be enough to close 705 500 MW coalfired power plants.In recent years, the lighting industry has taken significant steps towards the development of technology that was first introduced in 1962, namely, semiconductor based solid state LED (Light Emitting Diode), known for its high luminous efficiency and extremely long lifetime of up to 100 000 hours. Standard incandescent lamps produce 15 to 20 lm/W (Lumen per Watt), while halogen lamps range from 16 to 25lm/W. In February 2010, the American manufacturer of LED smdâ&#x20AC;&#x2122;s CREE issued a press release about an LED prototype achieving 208 lm/W (in lab conditions). In reality, a 9 to 12W LED could replace a 50W halogen bulb sufficiently in most applications.

Fish Pond

Villa Ocyanio

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The average electricity consumption for lighting in residential and commercial (resorts and hotels) applications varies between 20% and 45%. A local resident and owner of the luxury Ocyano Villa, who faced high electricity charges within a private development, managed to drastically reduce the return period to approximately 2 years for his investment by using LED lighting throughout the residence, reducing the lighting electricity consumption by approximately 80%. Outdoor lighting represents a significant cost factor in the resort and hotel industry, burning vast amounts of electricity throughout the night hours. Operational since December 2010, Samui Boat Lagoon and Beach Villas outfitted the entire complex with LED fixtures, not only reducing their operating costs but adding ambiance and beauty to the resort image by utilizing the availability of colors in distinct indoor and outdoor areas. John Holmes, managing director of Samui Boat Lagoon: “We are delighted with the overall visual effectof the lighting at our resort, and we are already seeing the benefit of lower electricity costs as a result.” Not only dropping the total lighting consumption to only 200W to 300W per single and twin bedroom pool villa, standard UPS systems as we use for our computer at home offer an efficient and cost effective surge protection and backup solution against frequent power outages. Consequentially solar power becomes an inexpensive investment with it’s low power demand for lighting. The ability of controlling colors in RGB (red-green-blue) LED fixtures simply by using existing DMX512 technology (Standard Stage Lighting Protocol) opened the doors for LED into home automation and mood lighting as well as the entertainment sector. Beach Republic Beach Club installed one of the first touch control LED lighting systems, lighting up 25 individual RGB fixtures in various static and dynamic colours throughout the new extension to the Beach Club. Giles A.W., Director of Beach Republic, said “The RGB LED lights give us wonderful flexibility in how we can light the Beach Club and their use will greatly reduce our electricity consumption. As part of our facilities management program for the resort I intend to replace all exterior lighting to this standard. Looking at the need to save energy and incorporate technology into the resort that simplifies maintenance this is without doubt the way ahead”. Despite still lacking in greater variations of accessories such as dimmers and controllers as well as the struggle to impose a standard to the manufactures LED specifications, many nations are now taking serious efforts by removing conventional bulbs off their retail shelves and upgrading commercial buildings and street lighting. With increasing demand, prices for the still relatively expensive LED are expected to drop and without doubt the future for the LED looks very bright. Article & Photos Courtesy of JMan LTek

Beach Republic

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About Us Siam pools was established in the Northern Thai City of Chiang Mai just over three years ago and since its inception has gone from strength to strength. Currently the company has three Pool Stores in Thailand. The Head Office and Company HQ remains in Chiang Mai with Pool Stores in Hua Hin / Cha am and our newest acquisition, Koh Samui with plans to open an additional two more Pool Stores by the end of 2011.

Our Ethos Siam Pools and its staff are dedicated to providing our clients with a first class swimming pool and spa

Design & construction service by • Using only best of breed products. • Meeting our obligations in a timely manner. • Providing first class after sales service. • Continual training of our staff on new technologies. • Being honest and have integrity. • Guarenteeing our workmanship.

Our Methodology Our expert designers and sales team work closely with our clients to create a new backyard poolscape plan that blends seamlessly with their lifestyle. Our construction team and technicians then take the plans and make them a reality. Backed by years of hands-on experience, and partnered by best of breed products and suppliers we stay with our clients every step of the way to monitor the construction process and ensure that the pool is completed promptly, correctly and precisely to your satisfaction.

What is a MagnaPool™ System? • The MagnaPool™ system delivers a healthier and more environmentally friendly alternative to traditional salt or heavily dosed chlorinated pools. • Water that is rich in Magnesium & Potassium minerals. • Water that never leaves a chlorine smell or salty residue on your skin, nor does it discolour blonde hair. • Water that is extremely gentle and therapeutic on sensitive skin. • Water that is therapeutic for your body and beneficial for your health and well-being. • Water that has increased clarity, always giving you a crystal clear pool.

• Water that will reduce your carbon footprint on the environment due to decreased water consumption, energy savings and the elimination of harsh chemicals. • The MagnaPool™ System consists of a Hydroxinateur, a high-flow filter, Diamond Kleen glass filtration media, a high-flow pump, and our propriety blend of Magnesium & Potassium minerals. A MagnaPool™ can be installed for both commercial and domestic pools.

Now Available in Thailand Exclusively from Siam Pools Shop Co., Ltd

Pool Store Boophut Koh Samui

Koh Phangan Map

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At Ecomate we have the vision to make your business

your

and products more green. Through innovative technology and professional resource management we can help reduce power consumption and limit waste. Applying a Reduce, Reuse, Recycle policy, we help preserve your natural resources and promote a more environmentally friendly society.

eco

Alternative Energy

Water Treatmeant and Water Reuse

Seawater Desalination

Heat Exchanger “Free Hot Water from Air Conditioning”

way

Contact person:

Pisit Promlakano 083-6378700 ecomatethai@gmail.com info@ecomate.co.th Ecomate Company Limited 27/29 Moo 5 Tumbon Maenam Koh Samui Suratthani 84330 Thailand Tel. & Fax: 077- 447259

www.ecomate.co.th

Expo

Dealing with water supply On islands like Koh Samui, issues of water supply and water cleanliness are paramount.

Drought is all to common in the hot season months when water often being shipped over in trucks from the mainland, while in the wet season, heavy rains and flooding often do little to replenish the useable supply of water as catchment systems are not sufficiently developed to collect and store excess rainfall. Stringent water treatment regulations are also essential and a growing demand for safer water treatment systems needs to backed up with strict compliance with purity standards.

Water filtration is one important aspect in the supply of potable water, but traditional treatment systems such as sand and granular mixed media are often inefficient, labour intensive and costly. New technology is now available that can help filter water for both large and small scale use. Whichever system is applied, filter systems improve the overall quality of the supply, removing pollutants and also reducing the risk of disease. Sand filters The most common type of filter is a rapid sand filter. Water moves vertically through sand which often has a layer of activated carbon or anthracite coal above it. The top layer removes organic compounds, which are trapped in pore spaces or adhere to sand particles. Effective filtration extends into the depth of the filter. This property of the filter is key to its operation: if the top layer of sand were to block all the particles, the filter would quickly clog. To clean the filter, water is passed quickly upward through the filter, in the opposite direction. This is called back washing and removes embedded particles. Compressed air may also be blown up through the bottom of the filter to break up the compacted filter media, this is known as 144

air scouring. Some water treatment plants employ pressure filters. These work on the same principle as rapid gravity filters, differing in that the filter medium is enclosed in a steel vessel and the water is forced through it under pressure.

Some existing G - CMF installations in Thailand Royal Residence (Condo Group Development) Pattaya Thailand: 50 m3 /day treatment of secondary clarifier effluent using G-CMFAC and RO to produce water to re-use. North Point Project (Raimon Land Public Co.,Ltd) Chonburi Thailand: 50 m3/d treatment of secondary clarifier effluent using G - CMFAC to produce water to re-use. Siam Quality Starch Co.,Ltd. Thailand : 2400 m3/d treatment of native starch wastewater using G - CMFAC to produce water to re-use. The Oriental Bangkok: 1000m3/d treatment of river water using G - CMFAC to produce water supply for hotel.

G - CMF Continuous Membrane Filtration Systems This technology is designed to produce high quality water from various sources. It can be used for households, hotels, and even industrial applications. Using cutting edge technology that includes hollow fiber microfiltration (MF) or Ultrafiltration (UF) membrane technology, a G - CMF system removes bacteria, viruses, iron, manganese, arsenic and other solid particles to deliver water that consistently measures up to even the toughest standards. Multiple applications G â&#x20AC;&#x201C; CMF systems are specifically designed to process water for drinking, industrial processes and secondary wastewater effluent for reuse. This make them suitable for wide range of applications, including providing portable water for municipal and private drinking water supplies, providing industrial process water and irrigation water for agriculture, recovering filter backwash water, pre treating water prior to subsequent enhanced purification, treating industrial effluent and domestic sewage and waste water reuse, turning sea water into usable water. The treatment process Feed water is pumped into the base of each CMF column and passes across the surface of hollow fiber membranes in cross flow mode. To reduce the likelihood of organic materials building up on the membrane surface, a small amount of oxidizing agent and bactericide is added to the feed water, depending on the raw water quality or the product water requirements. At regular intervals during the filter cycle, a back wash process is introduced. The operation is successfully completed either by keeping the flux level constant or by gradually decreasing transmembrane pressure (TMP) during filtration. In either case, organic material will gradually block the filter pores and need to be cleaned. For more information about water treatment please contact: Ecomate Company Limited 083-6378700 Email: info@ecomate.co.th www.ecomate.co.th

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Green File

EARTHSHIPS GREEN HOME TECHNOLOGY

Most people now agree that it is crucial to become more aware of how we use our energy. The Earth is a thermally stabilizing mass that delivers temperature without wires or pipes. The sun is a nuclear power plant that also delivers without wires or pipes. Different climates around the world require different designs for the home to interact with these two sources of temperature. The outer few feet of the earth heats up and cools off in response to surface weather. However, deeper in the earth, about four feet and beyond, the temperature is more constant (around 58 degrees). Here, the earth can be used to both cool and stabilize temperature if a home is appropriately designed. Earthships are thermal mass homes and also passive solar homes. The layout and design of an Earthship can be completely customized to look like any conventional home, but still be sustainable. Although the concept may seem extreme, many of the ideas used in Earthship homes can be applied and incorporated into your own house to save energy and reduce environmental impact. Water Earthships catch water from the sky (rain & snow melt) and use it four times. Electricity Earthships produce their own electricity with a prepackaged photovoltaic / wind power system. This energy is stored in batteries and supplied to your electrical outlets. Sewage Earthships contain, use and reuse all household sewage (greywater and blackwater) in indoor and outdoor treatment cells. Toilets flush with treated greywater. Comfort Earthships maintain comfortable temperatures in any climate.

Passive solar heats the home and enables year-round plant growth

Food An environment in which plants are not only aesthetic and contributing to the heath of our environment, but are also highly functional and play a direct role in the maintenance of the home. Earthship designs are based on economics and energy efficiency. Earthships interact with the sun and the earth, so little to no fossil fuels are required to maintain a comfortable, stable temperature in any climate. Heating and Cooling

Reused bottles provide insulation and a stained glass effect inside

146

SEAD’s EarthShip in Kinghorn, Scotland

Earthships is simple. If you want heat, you admit the sun. The sun heats the mass, the mass stores the heat and the insulation won’t let it escape. The more mass, the more storage capacity. When there is no sun, the heat stored in the mass radiates into space because heat travels to the coolest point. On the other hand, if you want coolness, you admit cooler earth temperatures and block the sun. The cool mass of the earth connects with the mass of the shelter. It is absorbed into the shelter mass and leaks into the living space. This is like hooking up a big battery (the earth) to a smaller battery (the shelter). The thermal mass of both the earth and shelter is a storage battery for temperature. An understanding of mechanical systems for most people is limited to what is within reach of our fingertips. It is understood that when you flip a switch on the wall, a light comes on, when you turn on the faucet, hot water comes out. When you pull the handle on the toilet, it flushes. Little thought is given to where the electricity comes from or what kind of nuclear waste was produced to generate it. How many of us even know where the power plant is that supplies our power? Few people ever wonder which water table is depleted to bring them water and what chemicals have been added to it. Where does the sewage go after it is flushed and which rivers and lakes are polluted by it. Humans need comfortable homes, temperatures, light, electricity, hot water, food, sewage treatment are all essential. But the more we are able to align our priorities and needs with the prevailing rhythms of the planet, the easier and less expensive (both in terms of economics and ecology) they will be to obtain. If our lifestyles can conform more to the patterns of the planet than to our socioeconomic system, we can reduce the stress on both ourselves and the planet. This is easier said than done due to the “reality” and the “gravity” of mortgage payments, utility bills and the generally high cost of eating and living. Most of us have no choice. We have to be places at certain times looking certain ways in order to make the money needed to make those payments. However, many people have built Earthships themselves and ended up with little to no mortgage payments. They also have little or no utility bills and their ability to grow food year-round has greatly affected what they have to spend on packaged, processed foods. The condition of our planet tells us we must now begin to take responsibility for what happens beyond the reach of our fingertips. We must begin to reconsider the source of these utilities, our access to them, and how we dispose of the waste produced. The mechanical systems of the Earthship homes confront these issues directly. There is no mystery involved in Earthship electricity. There is no unknown source of water. There is no magical black hole that sucks up all our sewage. Instead, we work in harmony with the earth to deal with these issues - taking what it has to give us directly and giving back what it wants to receive. For more information, including how to build your own Earthship home, visit: www.earthship.org

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Island Life

Samui Triathlon Koh Samui Tourism Association in collaboration with Tourism Authority of Thailand, Municipality of Koh Samui, Bangkok Airways and Triathlon Association of Thailand will organize the “Samui Triathlon 2011” during April 23 – 24 with an aim to draw over 5,000 athletes and companions from around the world.This international sports event will be held at the Na Thon Pier and around the Bo Pud Beach area with the purpose to promote sports activities of Koh Samui to be known far and wide as well as to develop the triathlon and the duathlon in Thailand toward international recognition. The two-day event consists of three different types of competitions. On the first day, there will be a mountain bike competition followed by the triathlon and the duathlon on the second day. The triathlon competition includes 4 kilometers of swimming, 127 kilometers of cycling, and 30 kilometers of running; while the duathlon includes 10 kilometers of running, 44.5 kilometers of cycling and another leg of 5 kilometers of running. The expected 5,000 participants include all athletes from Europe, America, Asia and Pacific and Thai athletes as well as Thai and foreign media. For more information, please visit http://www.triathlonsamui.com or call Koh Samui Tourism Municipality Tel 077 421 421 - 2 ext. 164.

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Sailing in Style K2 is a 71ft luxury Catamaran offering exclusive tours and romantic sunset cruises to destinations around Koh Samui. Relax and enjoy the sun and sea breezes on the trampolines and sun-deck or chill in the shade of the lounge area. For the ultimate comfort K2 has 4 en-suite bedrooms and fresh water shower. A mouth-watering Thai buffet style lunch is served in the comfortable dining areas and wine, beers, soft drinks and water are unlimited during the trip. Venture onto one of the surrounding islands or enjoy the privacy of having a beach to yourselves, K2 can take you there. The ultimate in service is our focus, from the time we meet you at your resort until we return you. For wedding parties, personal charters or just because you want to treat yourself to a piece of luxury, K2 will give you an experience to remember. Get away from the crowds-don’t just dream it, experience it! For enquiries or bookings contact info@k2samui.com +66 (0)77 425 264 www.k2samui.com

Jaws of Life Arrive Following many recent successful fund raising events by the Rotary Club of Koh Samui, such as the second hand sale held during Samui Mala and our motorbike raffle, the Rotary Club of Koh Samui completed their goal of raising sufficient funds to purchase the ‘Jaws of Life’ equipment for Samui Rescue Foundation. Arrangements are currently being made to have the volunteer staff at Samui Rescue professionally trained in the correct use of the equipment by the suppliers, following which it is expected that a licence will be issued by the Tessaban to allow the rescue organisation to use the machine in emergency cases where it is necessary to release trapped and injured victims from their crashed vehicles. The official presentation of the ‘Jaws of Life’ was made recently at the headquarters of Samui Rescue Foundation in Nathon by Rotary Club President, President Peter Breaks.

149

Homes Directory

PROPERTY DEVELOPERS/ ESTATE AGENTS ADVANCE INTER DEVELOPMENTS 077 231 625 ADVANTAGE PROPERTY 081 8926 372 AMANDARA CONDOMINIUM 077 349 184 AMERA KOH SAMUI BY SAWADEE GROUP 084 745 0720 ANGTHONG APARTMENTS 077 430 326 AQUALINA SAMUI 0843224680 ARTRIUM SUITES 087 607 6078 BAAN FAA SAI BY ANGTHONG HILLS 086 256 555 BAAN RAK TALAY 077 430 326 BAMBUH 086 061 4280 BANGPOR VILLA 081 341 4755 BAN SWEET COCONUT 089 500 9800 BEACH REPUBLIC 089 011 9538 CD&P 081 924 9574 CHAWENG SILA 077 430 779 COUNTRYSIDE PROPERTY 089 866 2062 DD EVOLUTION 077 960 927 DHEVATARA PROPERTY 077 430 326 DREAMCOAST DEVELOPMENTS 081 082 9355 DREAM PROPERTY 077 245 869 ECO REAL ESTATE ASIA 077 960 991 EXOTIQ REAL ESTATE 077 230 688 FIRST CHOICE PROPERTY 081 893 8521 FLAMINGO RESIDENCE 084 308 0967 FUNCTION HOMES 077 430 540 GREEN CORE 077 377 018 HALCYON SAMUI PROPERTIES 089 971 7194 HORIZON HOMES 077 417 005 IN ASIA 077 448 078 INFINITY 089 666 0610 IPM SAMUI 081 894 4093 KOH SAMUI LAND & HOME 089 474 1837 KARMA SAMUI 077 413 901 KOHABITAT PROPERTY 077 430 399 KOH PHANGAN HOLIDAY HOMES 087 898 3918 KOH SAMUI PROPERTY 077 230 606 KP PROPERTY 077 377 018 KALARA INTERNATIONAL PROPERTIES 077 246 100 KIRIKAYAN 077 247 867 LAAN DARA SAMUI 077 414 204 LOTUS TERRACES 089 972 3043 MANDALAY GARDEN 080523 4488 MANGROVE VILLA 081 374 0014 MINI GOLF 081 787 9148 OCEAN 11 BEACH FRONT RESIDENCE 089 813 5715 PALM CREEK RESIDENCE 081 374 00414 PALM GROUP ASIA 080 535 1725 PLAI LAEM VILLAS 085 782 4910 PEARL PROPERTY 081 370 2480 PHATHONG RESIDENCE 089 813 5715 PLANTATION HEIGHTS 077 234 203 PLATINUM ASIA PROPERTIES 086 271 3800 PLAY AT SAMUI 077 448 201-2 PLUMERIA PLACE 077 430 043 PROJECT PARTNER PROPERTIES 077 248 300 RENT SAMUI.COM 077 430 399 ROYAL SAMUI HEIGHTS 077 414 222 SAMRAN GARDENS 089 474 1837 SAMUI PHANGNAN PROPERTIES 081 979 0679 SAMUI QUICK SALE 081 082 4030 SAMUI SANCTUARY 084 689 7081 SAMUI ESCAPES PROPERTY MANAGEMENT 077 245 136 SAMUI VILLAS & HOMES 077 430 326 SAGE LAND & HOUSE 089 016 9750 SAMUI BEACH VILLAGE 077 430 326 SAMUI DIAMOND PROPERTIES 087 895 4132

150

SHAMBALA SIAM IMMO COMPANY SINTHORANEE PROPERTY RENT SAMUI ROYAL NATURE RESORT & SPA TALING NGAM TROPICAL VILLA THAI PROPERTY THAILAND RETREATS THE EMERALD THONGSON THE MANDALAY VILLAS THE PLACE THE PHUFAR RESIDENCE THE POOL APARTMENTS THE ROYAL MOUNTAIN THE SEA KOH SAMUI THONG NAI PAN ESTATE TIC TROPICAL HOME VILLA SOPHIA & VILLA COCONUT WHITE HOUSE WOW PROPERTIES X2 RESIDENCES YUM YUM HOUSE

077 236 632 081 850 6475 077 414 222 077 430 399 089 0169 750 089 651 0302 086 948 443 077 427 774 081 893 5996 085797 0477 077 430 410 0815359100 081 683 4592 081 956 1636 077 961 982 083 391 8159 077 247 710 082 179 3933 087 823 7371 081 866 3065 081 079 2642 082 495 2525 084 746 2057

LEGAL SERVICES LIMCHAROEN HUGHES & GLANVILLE BIG BUSINESS BLUMENTHAL RICHTER & SUMET CHARNDELL DISPUTE MANAGEMENT IPM SAMUI DFDL MEKONG (MCEVILY & COLLINS) MANIT ASSOCIATES NAT ACCOUNTING NAI ANDREW PARK NSP & LAWS FIRM SUKHOTHAI INTER LAW VITTAYA BUSINESS LAW OFFICE WONDERFUL SERVICES

077 246 185 077 413 764 077 231 732 02 514 9170 081 894 4093 077 484 510 077 458 135 077 246 249 081 830 4462 077 458 204 077 430 642 077 484 470 081 086 5141

LIGHTING SYSTEMS CREATIVE SYSTEM PROJECTS FIBER OPTICS JMAN LTEK LED-LIGHTING KUNINI: FUTRONIX HOME & DECOR

080 698 6811 077 448 077 081 893 5996 077 230 839

AMBERELY FURNITURE BEAUTIFUL WORLD CERA ETERNAL FLAME ORIENTAL LIVING SALAK THAI SEASIDE DÉCOR SURAT BAANSAUY

077 430 329 081 956 0337 077 247 805 089 772 1589 077 247 675 077 234 368 083 390 3711 081 691 1719

SECURITY SYSTEMS B-SMART SYSTEMS CREATIVE SYSTEM PROJECTS KUNINI IHOMES

077 248 362 080 698 6811 077 230 839 081 170 0201

AUDIO VISUAL INTERIOR DESIGN AV INSTALLATION SYSTEM

089 971 5775

AVIVA CREATIVE SYSTEM PROJECTS TECHWORX PROJECTS

02 685 3676 080 698 6811 077 961 910

GARDEN & LANDSCAPE BOTANICAL DESIGNS LANDSCAPING HELICONIA LANDSCAPE GARDEN MAYAN LANDSCAPING KITCHEN HARDWARE FRANKE KITCHENS H.A.FELE I.P.M. SAMUI KITCHEN STUDIO RS VENTURE

084 315 9742 081 090 5489 087 895 6396

02 236 9777 077 423 073 081 894 4093 077 423 073 02 662 3571-3

SWIMMING POOLS CP POOL DES JOYAUX JD POOLS PURA POOLS SIAM POOLS TSP POOLS

077 430 034 077 247 588 077 427 356 077 960 565 077 602 444 077 234034

DESIGN SERVICES 3D ARCHITECT ARCHITECTUAL VISUALISATIONS ARCHVIZ ASIA BOTANICAL DESIGNS LANDSCAPING FIRST CHOICE ARCHITECTURE LIGHTHOUSE CREATIVE DESIGN MEEPAIN DESIGN OPEN DESIGNER SAMUI GRAPEVINE SIL ARCHITECTS

077 238 962 077 247 862 080 620 9964 084 315 9742 081 893 8521 077 458 247 089 161 5947 089 890 4960 080 620 9964 083 690 9700

PHOTOGRAPHY CHRONOS DYNAMICS CLAUDIO / FANTASYATWORK.COM ORIENTAL LIVING SKYCAM ASIA

081 894 4513 087 270 4972 077 247 675 081 170 0201

HOME SERVICES AUTOMATIC GATE CERIS LAFARGE ROOFING ECO PEST CONTROL ECOMATE ELECTRIC FENCE EUROPEAN RAIN GUTTERING FAR THAWEE PORN INFINITY HOME MANAGEMENT JOHNSON HEALTH TECH NITE STONE SAMUI MASTER WATER SEARA SPORTS SIMS SUNFLEX ASIA THE STONE DOCTOR

081 892 1066 02 586 5600 085 791 2496 083 637 8700 089-733-3672 077 423 073 077 245 570-1 077 426 608 076 304 040 077 247 769 077 427 726 076 355 040 085 783 1445 077 414 412 087 282 4930

FINANCE SERVICE GFS AUSTRALASIA

CT TRADING INSURANCE ENSURE ASIA 015

038 420 618 077 417

PROJECT MANAGEMENT DMA PROJECT SOLUTIONS RS BUILT SIL ARCHITECTS STERLING PROJECT MANAGEMENT TRI ASIA PACIFIC (THAILAND) CONSTRUCTION SERVICES

085 790 1520 089 724 8511 086 271 0156 083 690 9700 077 430 303 02 686 3413

BLUE BUILDING EXIM STUDIO HAPPY ELEPHANT PALM CONSTRUCTION P&W CONSTRUCTION MANAGEMENT RS BUILT SAMUI VILLAS & HOMES SEA B.C. TROPICAL BUILDERS

077 430 411 02 934 7921 077 422 651 077 425 548 077 238 182 086 271 0156 077 430 326 077 960584 077 602 262

MAINTENANCE SERVICE MANAGING SAMUI SQUEAKY CLEAN WINDOWS

077 430 010 087 013 7650

OTHER BANGKOK AIR WAYS 077 422 512-9 BLUECHIP INFORMATION TECHNOLOGY 089 651 0020 FIREWORKS SAMUI 087 263 4371 SAMUI RESCUE 077 421 444/087 263 4371 TESCO LOTUS 077 245 400 TS-TEAK 081 893 4933 LEISURE SAMUI 100 DEGREE EAST DIVE CENTER 077 245 396 BAAN TALING NGAM RESORT & SPA 077 429 100 BBC CAFÉ 077 425 089 BLUEWATER INTERNATIONAL SCHOOL 077 484 548 DANCING CRAB 077 425 519 HAVELI INDIAN CUISINE 082 8183 416/417 HARLEY DAVIDSON BANGKOK 02 934 4855 IDIVE THAILAND 077 484 737 KUDOS RESTAURANT 081 895 0734 MAGNOLIA SPA 077 601 133 OCEAN 11 BEACH FRONT RESTAURANT 077 245 134 OCEANS ELITE CHARTERS 077 427 244 PAUL ROPP SAMUI 086 270 3060 SEA BREEZE RESTAURANT 077 245 255 SENSEDAYSPA 077 246 295 THE GALLERY BAR & RESTAURANT 086 726 8482

ENGINEERING SERVICES EASTERN TECHNICAL ENGINEERING

080 535 1725

INSURANCE SERVICES

077 295 316

151

Large 2 Bedroom Townhouse 4 sale 72 Square meters indoor living area 33 Square meters outdoor area Maenaam. 2.6 Million Baht Contact Khun Aom 087-888-1761 E-mail: aom_su@yahoo.com

Boutique House For Sale Great Investment Opportunity Price 7,500,000 THB Perfectly located 2 minutes from Bang Rak Beach 3 Bedrooms 3 Bathrooms European Kitchen fitted to a high standard Fully furnished including large LCD TV Government electric and water utilities Easy access by Public Road For more enquiries contact

+66(0) 082 534 6446

BANGPO SOI 4 : LAND FOR SALE : 800 METERS FROM THE BEACH FANTASTIC PANORAMIC SEA VIEW 2 RAI 295w2 = 4.380 m2 SUITABLE FOR HOLLYWOOD STAR MANSION, HOTEL, VILLA PROJECT, CONDOMINIUM CONCRETE ROAD, GENTLE SLOPE. ONLY : 17.500.000 baht

BANGPO SOI 1 : 5 PLOTS 0F LAND FOR SALE 2 PLOTS WITH SEAVIEW

PLOT 1 SEAVIEW : 162 w2 = 648 m2 = 2.150.000 PLOT 2 SEAVIEW : 184 w2 = 736 m2 = 2.100.000 PLOT 3 HILL VIEW 146 w2 = 584 m2 = 1.450.000 PLOT 4 HILL VIEW 167 w2 = 668 m2 = 1.650.000 PLOT 5 HILL VIEW 330 w2 = 1.320 m2 = 2.900.000 CONCRETE ROAD, ALL PLOTS HAVE WATER AND ELECTRICITY. TRANSFER FEES INCLUDED

baht baht baht baht baht

CONTACT : siam-immo@hotmail.com www.siam-immo.com TEL : (66) 081 850 6475

BANGRAK : CHARMING 4 BEDROOMS HOUSE FOR SALE :

8.900.000 baht

LIVING ROOM WITH AMERICAN KITCHEN 54 m2 = 580 sqf BEAUTIFUL TERASSE FACING THE POOL 26 m2 = 280 sqf MASTER ENSUITE BEDROOM INCLUDED TERASSE: 60 m2 = 650 sqf ENSUITE BEDROOM : 23 m2 = 250 sqf SECOND BUILDING ( 2 ENSUITE BEDROOMS): 40 m2 = 430 sqf SWIMMING POOL 7 X 5 meters GUEST BATHROOM LAND 100 w2 = 400 m2 Very good location, mediterranean style, very cozy : A REAL BARGAIN 8.900.000 BAHT ALL TRANSFER FEES INCLUDED

CONTACT : siam-immo@hotmail.com www.siam-immo.com TEL : (66) 081 850 6475

BBC Restaurant /

ร้านอาหาร บีบีซี

The Best Sunset Restaurant on Koh Samui Big Buddha Beach

Tel : 077 - 425089 www.bbcrestaurant.com