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Former Miss Thailand becomes brand ambassador for Tulip Group

As originally forecast in our May edition of Pattaya Mail Property News, The Tulip Group have confirmed the appointment of Pannada Wongphudee (Boom) to be the brand ambassador for the high end property company.

The appointment was officially made public last month and Pannada will take part in an all new marketing campaign for the group’s premier condominium and hotel development- Centara Grand Residence Pattaya.

In an interview with “2 Magazine” Boom explained that she had in-fact purchased one of the projects most exclusive units, a stunning 3 bedroom duplex with private swimming pool, and in an unusual move she actually approached Tulip Groups Vice President Jason Payne after purchasing the room about working with the group.

“I personally contacted Jason about becoming brand ambassador, after falling in love with the project. Tulip Groups projects are outstanding and untouchable in my opinion” said Pannada.

Questioned why she would make a good ambassador for the developer her reply was simple: “Why? Because I am a real customer who fell in love with the project, what better recommendation is that! I am not someone who has been paid to promote the project. I will be promoting the project because I simply love it.”

Pannada Wongphudee (Boom), right, with Jason Payne,
the Vice President of Tulip Group.

Vice President Jason was equally thrilled that the Thai star had agreed to represent the company. “It’s very special for us that someone as well known as Boom was genuinely excited about working on promoting our brand. It was of great surprise when she phoned me to discuss about working together, and I am looking forward to developing a close working relationship with her.”

The Tulip Group currently has 3 condominiums and 4 hotels under construction in the seaside resort of Pattaya, and is working hand in hand with Centara Hotels & Resorts, Park Plaza Hotels Europe and Holiday Inn.


Blue Sky Group secures project finance for Grande Caribbean Condo

Surjeet Singh Chawala, Director of Blue Sky Group (4th from left) and Jaree Wuthisanti, Krung Thai Bank Senior Executive Vice President Corporate Banking Group 1 (3rd from left) shake hands on the 1,150 MB loan agreement to support Grande Caribbean Condo Resort Pattaya.

The Blue Sky Group has recently signed a 1,150 MB loan agreement with Krung Thai Bank to support Grande Caribbean Condo Resort Pattaya, the second in a line of condominium projects in Pattaya by the renowned developer.

Built on a 11.5 Rai plot of land between Pattaya and Jomtien Beach, the project will consist of 1,064 units in four 8-storey buildings and one 30-storey tower with a colorful, modern and tropical Caribbean design theme.

Blue Sky Group is a Thai owned company that holds significant financial assets and has a long history of experience within the resort and hospitality sectors in Thailand. The signing ceremony was held at Grande Caribbean Condo Resort Pattaya showroom on 13 July.


Making a Point: Nigel Cornick back with a bang on the Pattaya real-estate scene

This summer marked the return to Pattaya of a familiar face to the local real estate sector when ex-Raimon Land CEO Nigel Cornick announced his new development vehicle Kingdom Property had secured finance from the Krungthai Bank for their first major project in the city, and indeed Thailand, the THB 2 billion Southpoint condominium on Pratumnak Hill.

The Pattaya Mail recently conducted an interview with Mr. Cornick to discuss his new venture in the local real estate market and to also garner his views on the overall property scene, both in Pattaya and around Thailand in general.

But first, how had the Kingdom Property CEO been keeping himself busy over the past couple of years?

“After leaving Ramon Land in 2009 I went into partnership with the Brooker Group and established Biswanger Brooker (Thailand), a boutique property services company. We were busy helping our clients with acquisitions and the like, but frankly, once you’ve had the bite of development it’s very hard to get it out of your blood,” Mr. Cornick answered.

“For the last 3 years we’ve been looking for opportunities and we were finally able to secure a site,” he continued. “We recapitalized Kingdom Property and bought 4 rai on Pratumnak Hill on soi 7. We were very fortunate to secure this site as it’s not easy to find 4-rai of land consolidated in a prime location such as this.”

Kingdom Property CEO Nigel Cornick talks about his
new project to Pattaya Mail TV.

Designed jointly by Bangkok based architects The Beaumont Partnership and SODA Thailand (Stephen O’Dell), the plans for Southpoint are for 2 towers, one 20-storey and one 28 storey, with 42,000sqm of living space. The company also promises that South Point with incorporate some eye-catching landscape features.

“Our landscape architect, who is based in Singapore, has come up with some truly unique and innovative ideas for the landscaping for this project. They will really be well worth seeing,” said Nigel.

With prices set to start at approx. THB 65,000 /sqm the company feels the project will be an attractive proposition to many sectors of the real-estate marketplace.

“We’ll test the market but we think the 1 and 2 bedroom units will be the most sought after; that seems to be the feedback we are getting from our research,” said Mr. Cornick.

“It (Southpoint) is a very modular design, if we find that there is more demand for larger units we have the ability to combine the smaller ones,” he added.

The design team led by Colin K. Okashimo from CKOA (left) meet with Nigel Cornick (right) to discuss the plans for the Southpoint project.

The project is expected to be officially launched later this year with presales scheduled for September or October. The decision to hold off from launching presales too far in advance of construction is something the Kingdom CEO says will pay dividends down the line.

“You need to show people what they are going to get, so it’s essential to have a proper sales office and showroom ready so customers can see the quality of the product you are offering,” he said.

And who does Kingdom Property see as their main target sales groups for Southpoint?

“The Russian market you can’t ignore,” said Nigel. “I would think most new developments in Pattaya are achieving at least 20% sales to Russians.

“Also, with the Thai market, the Pratumnak area has historically got connections with the Royal Varuna Yacht Club and a few years ago this was the area that many Thais wanted to live. We are going to try and rekindle that interest and we are talking with Varuna Yacht Club about developing certain associations.

“However, we believe that South Point will appeal to all customers, whether Thai or foreign, looking to invest in a quality development. This (project) will fill a gap between Jomtien and Naklua as both of those areas are getting heavily focused on from a development perspective,” he added.

With some investors holding concerns about the consequences of the financial problems in the Euro-zone, and a possible over-supply of rooms here in Pattaya, how does he view the immediate and long term future for the property market here in the city?

A scale model of the Southpoint development.

“At Kingdom Property we are firm believers in the real-estate industry in Pattaya,” replied Nigel. “People thought I was crazy when I first came here (with Raimon Land) - certainly my staff at the time did, they just couldn’t see the potential. But I could see that the opportunity was here and apart from a slight hiccup in 2008 the market has continued to grow.

“What happens in the rest of the world doesn’t necessarily reflect in the Pattaya market,” he added. “Most of the major developers here have actually thrived since the 2008 global financial crisis.

“The tourism driver for Pattaya is going to be huge,” he continued. “The mayor is predicting something like 2 million visitors just from India alone in the next 2-3 years, which is significant if you bear in mind the Russian tourist numbers now are about 700,000.

“There are something like 47,000 hotel rooms in Pattaya of varying standards, but we see the main call in the future coming for the 3-4 star market. Demand for accommodation will be the driver for investment decisions. Possibly tour groups will purchase blocks of units in developments. There are many diverse investment opportunities that are going to be created because of the momentum,” Nigel added.

The disastrous floods that hit other parts of the country last year also seemed to see a shift in the focus of investors who began to look at Pattaya and the Chonburi region in general as a more attractive proposition for future property acquisitions. Does Kingdom Property also share this viewpoint?

“Yes, the industrial base in the Eastern Seaboard is going to continue to grow and we expect the take up of industrial land in the area to be the highest ever following the flooding last year that affected the other parts of the country,” replied Mr. Cornick. “Just on the industrial base alone, you have to be confident that Pattaya is going to be ahead of the field.”

Award winning architect Stephen O’Dell unveils his interior designs for Southpoint.

And how does the city compare to other resort destinations in Thailand?

“Phuket was rightly considered to be the jewel in the crown, and in many respects it still is” says Mr. Cornick, “but it was hit hard by the 2008 economic crisis and hotels and resorts there have had to adjust their room rates to attract more of the larger tour groups, which means the island has maybe lost a bit of its shine in recent times.

“Hua Hin, because of the royal family connection has traditionally always been a popular destination for Thais, but Pattaya, with its myriad of attractions, is starting to appeal more now to the younger Thai buyers,” he added.

Does he see any potential stumbling blocks for Pattaya’s development in the future?

“The planning and implementation is where Pattaya has got to look at itself, look to improve its infrastructure: water, sewerage, roads etc. – it’s the major challenge for this city but we remain hopeful,” replied the Kingdom Property chief.

Southpoint marks the company’s first foray into real estate development, so what can we expect in the future from Kingdom Property?

“We’ve got 2 other projects we are looking at in Pattaya, hopefully we will be able to secure at least one of those in the next 6 months,” replied Nigel. At the moment we are primarily focusing on Pattaya and the Eastern Seaboard, but if something interesting came up in Bangkok or elsewhere, possibly as a joint venture, then we would look at it on its merits,” he added.

As a final note Mr. Cornick left us with his positive perspective for Thailand’s economy in general.

“This country is the number 1 tourist destination in Asia and I don’t see that changing,” he said. Thailand is unique in that it opens itself to all nationalities, religions etc., and as long as the political situation remains stable there is no reason why we shouldn’t be confident about the future here,” he concluded.


Design teams announced for Centara Grand Resort and Spa Jomtien

Luxury Property Developer Tulip Group recently announced that August Design and P49 “Deesign” have been awarded contracts for their luxurious mixed used project in Na Jomtien. Tulip Group will build two towers for luxury condominiums which will be branded as Centara Grand Residence Pattaya, and a third tower for a 5 star luxury hotel named Centara Grand Resort and Spa Jomtien.

An artist’s drawing of the completed Centara Grand Resort and Spa Jomtien.

Located in Na Jomtien the 19 rai beachfront site with a 150m beach frontage will offer the latest in stunning architectural design, with the towers being originally designed by world class architects HB design from Singapore.

The development will include over 18000sqm of landscaping, swimming pools, restaurants and numerous other world class facilities, and the entire project will be managed by Centara Hotels and resorts on completion.

“We are delighted to be working with two such prestigious and well known design companies, both have worked with Centara Hotels and Resorts before, and both have an impressive track record and customer portfolio” said Tulip Group Vice President Jason Payne.

August Design Consultant is a full service interior design company and is headed by Pongthep Sagulku and his associates. All staff are fully accredited interior designers with vast experience in all styles of design work.

“The company philosophy is quite simple and straight forward. We always aim to design spaces and things according to the appropriated architectural context, requirement, budget without any preconception in mind and if possible, we try to keep our design as simple as possible so that they always have a certain aspect, durability and timeless, and above all, we do believe in quality rather than quantity,” said Pongthep.

Current clientele include global hospitality brands such as Starwood, Marriot, Hilton, Accor, Ascott, Anantara.

P49 Deesign specializes in working with the very best hotels and resorts, both in Thailand and throughout the world. In-fact 80 per cent of its projects are located outside Thailand. Clients include top hotel chains such as InterContinental, Six Senses and Four Seasons.

P49 Deesign is Thailand’s foremost interior design practice. Founded by Vipavadee “Pao” Patpongpibul in 1979, the company is unique, with unparalled experience in Hotels, Resorts, Spas, and the Corporate and Banking sectors.

Construction on Centara Grand Resort and Spa Jomtien will commence in the last quarter 2012 and completion is scheduled for 2015.

Tulip Group sales
figures surge ahead

Traditionally the months of June and July are very slow months for property developers in Pattaya and Thailand in general. Tourist numbers during these months are at a low and business in the region is normally at its lowest at any time of the year. Local businesses normally spend this period preparing for the typical high season which normally kicks in from September.

Pattaya Property Developer Tulip Group however appear not to be suffering from the traditional “low season” after reporting extremely encouraging sales figures for the months of June and July. The developer reports sales of 400 Million Baht from its two main projects Centara Grand Residence and Waterfront Suites and Residences.

“The last 2 months have been great for us, visitor numbers to our showrooms are down, but the clients that are visiting are serious buyers,” said Vice President for Tulip Group Jason Payne.

Tulip Group has put the success down to their marketing philosophy which is largely driven towards the Thai sector, mainly from Bangkok.

“From day one we knew that our two premium projects would be of interest to Thai investors, branded residences are common in Bangkok, but not in Pattaya, so our marketing campaigns have been very strongly planned around attracting buyers from the capital, in addition to this, interest has remained very strong in our Waterfront project from foreign investors especially now that construction has started,” said Payne

Tulip Group, are currently developing three branded residences, two of which are with Centara Hotels and Resorts and one with Park Plaza Hotels Europe. The group, are also close to finishing their first hotel with Centara which will open next year. Centara Grand Pratanmak, which is a boutique style “Grand” offering luxurious facilities, opulent design and offers amazing views of Cosy beach and surrounding islands.

Tulip Group will also launch in September a further branded property in the centre of the city, which will consist of a hotel and three residential condominium buildings. The low rise project on 5 Rai of prime city centre land will house 500 condo units and is targeted at local and international investors looking for a quality mid ranged priced product, with easy access to the city’s plethora of bars, restaurants, shopping centers and entertainment areas.


Construction begins on The Private Paradise

Suthichai Rodurai, deputy MD of Ito Thai Asset Co. Ltd, launches the Private Paradise condominium groundbreaking event, Sunday, July 15.

Construction has begun on ITOH-Thai Assets Co.’s The Private Paradise condominium development on three rai of land behind Bangkok-Hospital Pattaya.

ITOH-Thai Managing Director Suthichai Rod-urai welcomed customers to the July 15 groundbreaking and thanked purchasers by offering 50,000-100,000 discounts or refunds.

Staff give advice on the project to potential investors.

The 572 million baht development offers 299 furnished units beginning at 1.55 million baht. It features 32-42 sq. meter one-bedroom, and 52 sq. meter two-bedroom units.

Despite their relatively small size, all the units seem larger, due to effective design. Outside, tenants will find a swimming pool, fitness center, restaurant, caf้ and supermarket with on-site security.

The company is considered as a newbie in the real estate industry but it has received a warm response. The Private Paradise is one of four projects for ITOH-Thai and is aimed at Bangkok Thais looking for a weekend retreat.

Sample rooms are available for viewing at Sukhumvit Soi 28 behind Bangkok Hospital Pattaya. Call 082-779-3222 or see OKHappyTime.com for more information.

(By Phasakorn Channgam/Pattaya Mail)

A lucky customer receives a 50,000 baht discount on her condo purchase.


Raimon Land holds Treasure Hunt Open Day at ‘The River’

Six hundred families and homeowners gathered to take part in
the Treasure Hunt event.

Leading property developer Raimon Land recently opened the doors to The River, Bangkok’s iconic residential complex along the Chao Phraya, for its first ever Open Day event.

Six hundred homeowners, prospective buyers and their families helped make The River Treasure Hunt a tremendously successful event. During the two-day quest, treasure hunters were sent out to explore and discover valuable prizes such as cash discounts on The River units, smart home systems, furniture vouchers, free unit transfer fees, free common area fees, or free sinking fund fees. In addition to the loot, Raimon Land also served up entertaining side activities for visitors throughout the hunt.

While providing visitors with a genuine The River lifestyle experience, the event enabled Raimon Land to boost the sale of the remaining units at the project and achieved sales booking of nearly 200 million baht for the Bangkok’s iconic residential complex along the Chao Phraya.

A diligent hunter finds some treasure: a free weekend stay at the Raimon Land Private Residences Club.

In addition to the Treasure Hunt event, Raimon Land also recently introduced 2 new products for Bangkok’s tallest residential development, namely The River Serviced Residences and The River Home Offices.

The River Serviced Residences will be a top-of-the-line property investment that will offer tastefully furnished and fully equipped units for expatriates, as well as leisure and business travelers on extended stay basis. The River Serviced Residences will be managed by a leading 5-star hospitality operator to achieve efficiency, profitability and guest satisfaction with a guaranteed 3-year lease back fixed return of 6% per year.

The River Home Offices meanwhile are designed to fulfill a specific demand from a genre of professionals, consultants, businessmen and artists who are interested in maximizing their real estate investment to accommodate both work and private life.

Strategically situated on the Podium Level of the North and South Towers, eight home office units will be available on a first-come–first-served basis. The eight hybrid units, ranging in size from 105 to 287sqm, will have direct access to the three swimming pools and lush greenery. Also to be featured in this special zone will be a convenience store, a restaurant and deli that will serve the residents of The River and their guests.

The River began ownership transfers in June, 2012, in an orderly fashion commencing from the low zone to the high zone of South Tower, space allotments are being filled on a daily basis. To date more than 60 units have been successfully transferred.

For more information on all the company’s projects including The Zire, Northpoint, and Unixx developments in Pattaya, visit www. raimonland.com.

A happy couple discovered a free furniture voucher hidden away.


Colliers appointed agents for Focus@Ploenchit condo

Anucha Sihanatkathakul, right, Executive Chairman of Focus Development and Construction Public Company Limited, and Monchai Orawongpaisan, left, Associate Director of Project Sales & Marketing, stand with Simon Landy, centre, Executive Chairman of Colliers International Thailand at the Alma Link Building after signing the agreement for Colliers to act as sole selling agents for the Focus@Ploenchit development. The project value is approximately THB 800 million and is expected to be launched in Q3 this year.


Red Planet makes major investment in Tune Hotels

Red Planet Hotels Limited, Asia’s emerging force in low cost hotel development and operation, has invested in a 16.05% stake in the rapidly expanding Tune Hotels operation as both companies seek to grow the booming low cost hotel brand.

Tim Hansing.

The deal cements Red Planet Hotels - who is a major franchisee of the brand across South-East Asia - as the third largest investor in Tune Hotels with 9,975,038 shares, providing further value to Red Planet Hotel’s shareholders.

The largest shareholder in Tune Hotels remains Tony Fernandes, founder of the phenomenally successful Tune and Air Asia brands.

This major investment also results in Red Planet Hotels invited to take up a seat on the board of directors, enabling Red Planet Hotels to be actively involved in the future of one of the world’s fastest growing hospitality concerns.

While the value of the deal remains undisclosed it is a “significant multi-million dollar transaction” and the largest single corporate investment Red Planet Hotels has clinched in its two-year history.

The investment in Tune Hotels comes at a time when Red Planet Hotels’ latest round of fund raising was over-subscribed and the company now has USD180 million of hotel projects (containing 3,191 rooms) either operating or under construction in Asia.

Red Planet Hotels Chief Executive Officer, Tim Hansing, said the investment represented Red Planet Hotel’s pledge to the brand and the founding members’ vision for the Tune Hotels concept.

The Tune Hotel Pattaya. (Photo/Tune Hotels)

“This significant investment and commitment to the Tune Hotels brand is indicative of Red Planet Hotels’ well-balanced long-term development programme and provides tremendous value growth to our existing shareholders,” Mr. Hansing said.

“As we move towards becoming a major owner and operator of Tune Hotels properties, this investment and endorsement of Tune’s board and management allows Red Planet Hotels to participate and contribute constructively and meaningfully for the benefit of both companies.

“Each will reap significant rewards through our investment and I am delighted that Red Planet Hotels’ commitment to Tune Hotels has resulted in us being invited to join its board.”

Tune Hotels has quickly established itself as the leading player in the low cost hotel space just as Air Asia did in the low cost airline industry.

Established in 2007, currently there are 24 Tune Hotels operating 3,859 rooms globally.

There is a confirmed additional pipeline of 38 more hotels with 10,106 rooms, including the first hotels in India, Scotland, Australia and Saudi Arabia along with additional properties in Thailand, Indonesia, the Philippines, Malaysia and England.

By the end of 2012 Red Planet Hotels will have 10 operating hotels with 1,623 rooms in Thailand, the Philippines and Indonesia.

Last month, it opened the first Tune Hotel in Jakarta, Indonesia (168 rooms) and a fourth in the Philippines in Makati (215 rooms).

Later this year, Red Planet Hotels will open a Tune hotel in Asoke, Bangkok (130 rooms - September), Pekanbaru, Sumatra (143 rooms - December), and Patong, Phuket (150 rooms - December).

Red Planet Hotels is exploring closer levels of co-operation with Tune Hotels across various platforms in the near future in a sign of its commitment to each other’s goals in the low cost hotel sector.

Red Planet Hotels Limited (RPHL) was formed in 2010 and is a privately owned regional hotel investment company focused on Asia’s emerging markets by developing a portfolio of budget hotels in China, Indonesia, the Philippines, Thailand and Bangladesh.

RPHL owns the hotels it operates and they are all managed under a franchise agreement with Tune Hotels. RPHL was formed with a vision to capture the growth in the worldwide limited-service hotel market, supported by the growth in budget airlines and the robust economy of the ASEAN region and China.

Headquartered in Bangkok, RPHL now has 3,191 Tune Hotel rooms under development or in operation.


Phuket hotel occupancy and residential demand on the rise

The Aquaminium at Royal Phuket Marina, a CBRE managed property, offers condominium units for sale starting from THB 5 million.

Property management company CB Richard Ellis Thailand has just released its Q1 2012 Phuket Property Report conducted by the company’s own research team.

The report shows some significant changes in several sectors of the Phuket market. Q1 2012 was a record first quarter for tourist arrivals with 594,999 domestic and 730,667 international passenger arrivals. Despite global economic uncertainty, tourism continued to grow with the expansion coming from Australia, China and Russia.

Hotels benefited from the increase in arrivals with the average occupancy rates increasing to 82.7% from 80.5% in Q4 2011. Luxury and first-class hotels were the best performers in terms of occupancy. The average achieved room rate of these hotel grades were THB 22,835 (6.8% Y-o-Y) and THB 7,425 (5.0% Y-o-Y), respectively.

There are currently 13,171 keys in 83 existing upscale hotels and 5,471 keys under construction in 30 hotels due for completion by 2014. According to David Simister, chairman of CBRE Thailand, “New supply is not confined to the West Coast, but shows a wider geographic footprint including Koh Siray which is located east of Phuket Town on a peninsula.”

The overall resort residential property market remains solid on values, but quiet in terms of new launches of both villa and condominium projects. Developers have focused on clearing inventory. Notable new launches include the Malaiwana condominiums and beach club, a luxury product part of a larger successful villa development with an average price of THB 80 million, and the Vertigo Villa project on Surin beach with prices ranging from THB 60-90 million.

A new residential market has emerged, non-beachfront non-resort condominiums, developed by Bangkok listed developers such as Sansiri and Supalai. New off-plan projects have been successfully selling condominiums inland aimed at local Phuket residents mainly studio units, sized 29-37 square metres with average prices at THB 1.5 million. It remains to be seen how deep market demand is in this sector and what else may come to the market.

Based on the CBRE Research’s survey in Q1 2012, 60 resort villas were sold. Sales were spread across all price ranges. CBRE segments the villa market into below THB 15 million, THB 15-35 million, THB 36-90 million, and over THB 90 million. Villas below THB 15 million made up 50% of the sales, but at the top of the market, two sales were recorded in excess of THB 120 million.

The Sava located across the Sarasin Bridge in the Phang Nga province has reportedly sold all seven villas at prices ranging from THB 62-180 million, three of which were sold this quarter.

In the resort condominium market, the report shows that 84 units were sold in Q1 2012. Sales were concentrated in five projects where the main sales were one bedroom units with average prices of THB 5.9 million. There are about 3,700 completed resort condominium units in Phuket. By comparison to Pattaya, there are 22,000 completed condominiums and a further 21,500 under construction. The main product in Pattaya is a THB 2-3 million one-bedroom condominium.

“Despite healthy increases in tourism arrivals, CBRE is not, for now, seeing proportional increase in sales in the resort property market. The rising tourism numbers are mainly from Asia whose tourists have yet to become resort property buyers,” said Mr. Simister. “Over time repeat tourists will create fresh buying demand and new product will emerge to match their requirements. The quarterly report is essential reading for anyone involved in hotel and residential developments in Phuket,” he added.

For more information, visit the company’s website at www.cbre.co.th.


Home Buyers’ Expo to be held during 23-26 August

Three grand-scale housing events in one, including the Home Buyers’ Expo 2012, Non Performing Asset (NPA) Grand Sale 2012, and Home Loan 2012, are all scheduled to take place between August 23-26.

The Housing Finance Association and Home Buyers’ Guide are preparing to hold the three housing events at Bangkok’s Queen Sirikit National Convention Center, with an aim to draw in 300 billion baht in circulation during the events.

The Home Buyers’ Expo 2012 will offer special promotions, such as low-interest rates and cheaper prices, for the purchase of housing and condominium units.

The organizer expects around 80,000 visitors during the four-day events. The Housing Finance Association has predicted that the real estate sector figures for July are expected to have grown as well. It said the first three months this year saw high housing sales as a result of the government’s stimulus measures such as low-interest rates and soft loans for flood-affected victims.

The Association has estimated that the housing loans will increase in the second half this year, thanks to the government’s city train projects which helps stimulate condominium sales. (NNT)


Starwood Hotels & Resorts doubling footprint in China

Sheraton Macao Hotel will be Starwood’s largest hotel globally.

Starwood Hotels & Resorts Worldwide, Inc. recently announced that it had reached a historic milestone with 103 hotels open and in operation and now another 100 signed hotel deals in the pipeline for Greater China, Starwood’s second largest market outside of the United States. The announcement was made as part of celebrations at the Sheraton Shanghai Hongkou Hotel on the heels of Starwood’s Asia Pacific Investor Day.

“Our celebration of our more than 100 hotels in operation and 100 hotels in the pipeline marks another significant milestone for Starwood’s growth and development in China as we double our footprint in the region,” said Vasant Prabhu, Vice Chairman and Chief Financial Officer of Starwood Hotels & Resorts Worldwide, Inc. “Our success in China reflects our first mover advantage, the strength of our brands and the entrusted partnerships we have fostered with our developers, partners, and guests since our first landmark debut with The Great Wall Sheraton Hotel in Beijing in 1985.”

Starwood has already opened 11 hotels in China in 2012 and expects to open another 13 by year’s end.

“With more high-end hotels in China today than any of our competitors, our long lead will be enhanced by the record number of new hotels we have in our pipeline,” said Starwood’s President of Global Development, Simon Turner. “China continues to present tremendous growth opportunities for Starwood as we drive to introduce our valued, world class brands into new markets that do not yet have a major international branded hotel.”

Sheraton Hotels, in particular, will continue to play a leading role in maintaining Starwood’s premier position in the region, as its growth trajectory is on track to reach 90 hotels in Greater China by 2016. Driven by strong demand in second and third tier cities, Sheraton Hotels is slated to open seven new properties across China, including Changbaishan, Dalian, Huzhou, Hefei, Jiaozhou, Fuzhou and Macao by the end of 2012.

In addition, the Sheraton brand will celebrate its 75th anniversary with another distinguished landmark as the brand opens Starwood’s largest hotel globally, Sheraton Macao Hotel, Cotai Central, which will also become the largest hotel in Macao.

Located on Asia’s own bustling Las Vegas strip, Sheraton Macao will open the first phase of its 3,863-room in September 2012 and be fully open by the end of first quarter of 2013. Featuring a main ballroom the size of over 11 basketball courts combined, the hotel will offer over 15,000 sq m of meeting space with access to a further 5,000 sq m within the Cotai Central complex. Leisure facilities will include three restaurants, poolside cafes and the world’s largest Sheraton Club. The opening will further strengthen Starwood’s lead as China’s largest luxury and upper-upscale international hotel group.

The Westin brand boasts a pipeline of 11 new hotels set to join its existing portfolio of 16 award-winning properties, including The Westin Bund Center Shanghai and The Westin Guangzhou.

Globally renowned Le M้ridien Hotels features 8 hotels in Qingdao, Chongqing, Xiamen, Shanghai, Shimei Bay, Sheshan, Taipei and Hong Kong, with an additional 6 hotels in the pipeline.

Industry innovator W Hotels will debut the first W hotel in mainland China with W Guangzhou by the beginning of 2013. It is also preparing to open another 4 hotels by 2017 in Macau, Beijing, Shanghai and Changsha.


Exchange Tower awarded Thailand’s first BCA Green Mark Gold Certificate

Exchange Tower, the Grade A office and retail development at the Sukhumvit-Asoke-Ratchadapisek intersection, was recently awarded the Building Construction Authority of Singapore’s Green Mark Gold Certificate. Exchange Tower, which is managed by CBRE, is the first building in Thailand to receive a BCA Green Mark Gold Certification.

The BCA Green Mark Scheme was launched in January 2005 as an initiative to drive Singapore’s construction industry towards more environment-friendly buildings. It is a benchmarking scheme which incorporates internationally recognized best practices in environmental design and performance.

The benefits of the BCA Green Mark include reductions in water and energy consumption, a reduced environmental impact and an improved indoor environmental quality for a more healthy and productive workplace, while also providing a clear direction for continual improvements to be made.

“It is a significant achievement to be Thailand’s first office building to win Green Mark Gold Certification. Exchange Tower is now 97% leased,” said Nithipat Tongpun, Executive Director and head of Office Services at CBRE Thailand, the sole leasing agent for the building.

“Tenants are now attaching a greater importance to the environmental performance of office buildings; it is becoming an ever more significant factor in determining their choice of building,” added Nithipat.

CBRE Research has shown that buildings with environmental certification are performing better than non-certified buildings and that a rental differential is starting to appear. This trend started in the USA, Europe and Australia, but is now spreading rapidly to Asia.


IDEO MOBI breaks ground in Sukhumvit & Sathorn

Ananda Development Pcl broke ground on two of their new IDEO MOBI projects in Bangkok last month. The structures, designed by the Westcon Co., Ltd. are the latest developments that fall under the company’s unique ‘Living out of the box’ concept.

Chanond Ruangkritya, President and CEO of Ananda Development Pcl., lays the foundation stone to open IDEO MOBI Sathorn project, Friday, July 13.

IDEO MOBI Sukhumvit is located on an over 6-rai plot of land and the company says it is the “grandest project on Sukhumvit Road”. The development incorporates two towers; Tower A is a 23-story building with 449 units while Tower B is a 25-story building with 491 units. Of the 935 total units, 5 will be retail outlets.

Ananda’s other latest project, the IDEO MOBI Sathorn, is located on over 2-rai of land on Krungthonburi Road and only 80 meters from the BTS Thonburi Station. It is a 530-unit project with one 31-storey building, of which 1 unit will be a Max Valu retail outlet to serve its residents around the clock. The development is just a 2 minute travel distance to Bangkok’s CBD and the MRT connection at Saladaeng.

Leading colleges, fashion and shopping centers, and international standard hospitals and medical centers are all in the close vicinity of both projects which the developers believe will add significantly to their appeal.


Pattaya Property Outlook 2012-2013

Real Estate Seminar - 8 August 2012 - Eastern Grand Palace Hotel, Soi Khaotalo, Pattaya

REBA-ES and the Agency for Real Estate Affairs proudly present a Seminar on the recently surveyed Pattaya property market.

The survey was conducted by Dr. Sophon Pornchokchai, PhD, D.FIABCI, CRS, MRICS.

Gain a better understanding of the up-to-date market position as recently surveyed for investment purposes with:

An in-depth analysis of residential properties including single houses, duplexes, townhouses, shophouses, condominiums and land plots by eight price ranges.

A most comprehensive survey covering 650 projects; whereas, 250 projects are in Pattaya City, 330 projects are in another six urban centres in Chonburi and 70 projects are in another three urban centres in Rayong.

The most updated survey for Pattaya (July 2012) and other local urban areas (March 2012).

Reported by Dr. Sopon Pornchokchai, PhD D.FIABCI CRS MRICS, president, Agency for Real Estate Affairs (www. area.co.th) which is the first and largest real estate information, valuation and research conducted in Thailand since 1994, together with a panel discussion by renowned major real estate professionals with expertise on the Pattaya market.

The Program

12:00 Registration

13:00 Opening speech and keynote address by Mayor Itthiphol Kunplome

Introduction by the president of the Real Estate Brokers Association Pattaya (REBA Eastern Seaboard)

13:45 Presentation: Major Findings, Pattaya Property Markets and Outlook, Dr. Sopon Pornchokchai, PhD D.FIABCI CRS MRICS

15:00 Afternoon Refreshment

15:20 Panel Discussion: Pattaya Property Outlook, 2012-2013

(Panel participants yet to be confirmed - a developer, a broker and a government officer)

Introduction by: Mrs. May Watson, president, REBA Eastern Seaboard

17:00 End of the session.

The Organizers

Real Estate Broker Association Eastern Seaboard: www.rebaes. com is an association of brokers and agents in the Eastern Seaboard region of Thailand. It was founded in 2006 with individual and corporate members. Within the association, there are also sub-committees to help uplift the professional practices of members to always have better professional services to consumers.

Agency for Real Estate Affairs www.area.co.th is a property consultant firm as well as real estate information, research and valuation centre in Thailand. It specializes in real estate consultancy services while refraining from real estate brokerage and self-interest property developments to avert a potential conflict of interest; thereby insures the integrity of our valuations and research works.

The Research
Team Leader

Dr. Sopon Pornchokchai PhD D.FIABCI CRS MRICS, is a research team leader for Pattaya and the Eastern Seaboard as well as the speaker to present the research findings. He earned a PhD in land and housing from the Asian Institute of Technology, a Certificate in Housing from Katholieke Universiet Leuven and a Certificate in Valuation from LRTI Lincoln Institute of Land Policy. He has been conducting market research in Pattaya and Nationwide for over 20 years.

Fee

Participation: 850 baht per person including handouts and refreshment.

Comprehensive research paper: 4,000 baht per copy.

Fees can be paid to any REBA-ES member or direct to the Agency for Real Estate Affairs http://www.trebs.ac.th/English/SUMMARY/seminar_pattaya.php


Porchland Group has big plans for Pattaya

Rapidly becoming one of Pattaya’s most active property developers in the past couple of years, the Porchland Group has recently unveiled plans for its unique Feelture condominium in Na Jomtien. Pattaya Mail Real Estate monthly recently tracked down the company’s General Manager, Chitsanucha Phakdeesaneha, to ask him about the developer’s latest projects and its plans for future expansion in Pattaya.

Porchland General Manager, Chitsanucha Phakdeesaneha.

PM: Before becoming Porchland Group Pattaya, where did you start your business?

CP: Before Porchland Group started in Pattaya, we were primarily building contractors who undertook a lot of work for other developers’ projects in the city; whether it was Hyde Park, Park Lane, The View, Atlantis and many more. After gaining extensive experience doing construction for other companies, plus the fact that we had started to purchase our own land plots, it was a natural progression for us to redirect our efforts into real estate development.

PM: What were the company’s first projects in the city?

We started by building a 22-unit commercial property, which proved to be a hit, and we continued that momentum by purchasing more land and aggressively targeting the residential market, which led to more success in the form of projects such as Porchland 2 and 3. The Blue Residence was also another very successful endeavor and we were able to close sales of the whole 300 units in just over two months.

From the positive response we received for The Blue Residence, we progressed by launching The Time, located behind Kasetsart University, Sriracha, followed by the La Santir project, located at Chaiyapruek 5 in Jomtien, the land for which we bought while working on Porchland 2.

PM: What do you feel Porchland Group offers to customers that has made the company so successful?

CP: Porchland’s success in its many developments can be put down to quality of the construction and materials used and also the uniqueness we offer in terms of interior designs, which are different from other projects on the market. We try to combine beauty with functionality, which is more than you would find in general offered by other developers at the same price-point.

When we were working on Porchland 2 we just constructed empty shells, with the customers able to obtain built-in packages later, but for The Blue Residence we provided all the built-in fixtures and fittings and almost everything required in a room.

The response from out buyers was extremely positive. They were able to move in without having to add anything more; whether it be kitchen appliances, furniture, refrigerators, televisions, curtains etc. This is one other important unique feature of Porchland.

Another important element in our success is the selling price. Apart from the other aforementioned benefits, we try to offer out projects at a price lower than market standard. We are able to achieve this by not focusing on and investing a large part of our capital on prime locations. With this cost saving we are able to offer units in our developments at extremely attractive prices.

An artist’s impression shows the completed La Santir development on Soi Chaiyapruek, Jomtien.

PM: When the company was still working as a contractor, did it have its own design team?

CP: When we were contractors we worked with a few design teams, hired by the project developers, and as we had to work with designers hand in hand so to speak, we got to know each other quite well and we have worked with a few of them since on our own developments. Our first, second and third projects were by designers from Bangkok, but all subsequent developments have been designed by teams here in Pattaya.

PM: La Santir is another successful development of yours. Can you tell us a bit more about it and any other new projects?

CP: Yes, La Santir has proved to be very successful since its launch at the end of last year. We have sold more than 400 rooms from total of just over 500 and we are very happy about the way it has been received by buyers.

The Feelture show suite highlights the attractive all-inclusive furniture packages offered by Porchland.

Our latest project is the Feelture condominium (Porchland 6) which has been launched for less than a month but has already sold over 130 units from the total 301. So we expect to have more than half the units sold in a little less than 2 months from launch.

Both La Santir and Feelture were released onto the market within a short timeframe of each other and with similar prices and concepts. The difference is the design of each project.

PM: How does the company decide on locations for its developments?

CP: Honestly, many people would look at the areas we build and think, ‘why are they building there?’ but we believe that the locations we choose are ones for the future. For example, the La Santir project is located where Jomtien Second Road ends. When it’s completed this will become a more developed and desired area, and it’s still less than 1km from Jomtien Beach.

Another project, The Feelture, is located around Na Jomtien Soi 4, which currently still resembles a bit of a jungle, i.e. not very developed, but when the link road to Sukhumvit that will pass through here is finished, this location will prosper rapidly.

PM: What does Porchland have on the drawing board for the near future?

After the Feelture condominium there are many other projects waiting for us, but the one that will be launched soon is The Crystal, located at the seaside in Bang Saray. This development will offer the feeling of a private beach, with no lounge chairs or umbrellas to destroy the view.

The majority of our past projects were low-rises, but with La Santir and The Crystal we are aiming to build higher. In the market place generally, the low rises, e.g. the eight-story condominiums, are easier to sell. The construction period is also less and they are easier to manage. Thus, we have focused more on low rises up to now.

We would maybe look at the luxury end of the market for future projects; possibly some boutique developments on smaller plots of land in prime areas where we can give even greater attention to customers’ needs.

PM: Porchland seem to offer great deals on their developments, what are the smallest sized units that you offer?

Currently the smallest units we offer are the studios at La Santir which are approx. 26sqm, but on average our standard spacing for studios is between 33-38sqm across the board.

We are finding that the size of units we offer is in line with customer requirements and many of the buyers in earlier Porchland projects have returned to buy units in our recently announced developments. Our low entry price points and inclusive fixtures and fittings package is proving to be very attractive to investors.

PM: Apart from the Pattaya property market, are you aiming to develop elsewhere?

We are currently looking at the Rayong area as this has a smaller real estate market and what the city has, regarding designs and decoration etc., is not as beautiful as it could be. In addition, the selling prices are pretty high and the demand is there as the city is surrounded by large industries with workers requiring good places to live.

PM: And finally, what are your visions for Pattaya in the next 5 years?

In reality Pattaya is already quite far along the road of property development and in another five years the city will be even more so. Demand is set to increase as more and more people move to the city, either to work here or possibly to escape the fear of future flood disaster in other areas, including Bangkok.

Another major development would be the high speed train link from Suvarnabumi Airport to Pattaya, which is something the city mayor is pushing for. We also expect to see a gradual increase in the quality of infrastructure, utilities and public services in Pattaya and we believe, when you put all this together, the city will rapidly grow economically.

For more information on Porchland Group projects, go to www.porchland.com.

(By Phasakorn Channgam/Pattaya Mail)


‘We don’t build bad houses,’ Sanmanee CEO says

For house shoppers, quality, construction, and a builder’s responsiveness are important factors in deciding where to buy.

Montree Sanwiangchan, CEO of Baan Sanmanee.

Montree Sanwiangchan, CEO of Baan Sanmanee in Bang Saray, says the villages his company builds and manages provide all that and particularly focus on quality and details to satisfy their customers. It’s one reason why the company’s motto is “We Don’t Sell Bad Houses!”

The Sanmanee chief recently sat down with the Pattaya Mail to discuss the company and its products.

“When I was 20 and working as an employee in Sino-Thai Engineering & Construction Co., I quit my job to start my own contracting business,’ said Mr. Sanwiangchan. “I still made deals with Sino-Thai, but I had reached a point where contract construction thrived but it still had not satisfied me personally because when I took contract jobs, I had to follow others’ designs. I could not do as I wanted and I understood customers’ requirements, some of which I could not fulfill at that time.

“I wanted to fill this void, which involved building houses according to my designs, designs which had been specified by customers when I was a contractor, designs based on actual needs of customers,” added Sanwiangchan. “Therefore, I decided myself to start a village under the name ‘Sanmanee’ in 2008, which was when I really entered the real estate business. What I got in return was pride when customers were satisfied with Baan Sanmanee since all the minor details of the project were what customers really wanted,” said the CEO.

The first phase of Baan Sanmanee was launched in 2008 in Panthong, Chonburi, while the second and third phases came the following year around the Amata Nakorn industrial estate. In 2011 the company launched the fourth and fifth phases and construction on the sixth was started this year.

“The launch of Sanmanee phase 1 in 2008, in Panthong, did not initially do very well as it was launched during the time when the economy was suffering from the global crisis, however sales started to pick-up and we ended up selling the entire project faster than we expected,” said Sanwiangchan.

On the back of this success, phase 2 and 3 followed shortly after with similar sales success and phase 5 was closed surprisingly fast within six months last year, he added.

“We have the slogan about not selling bad house, that even children can remember,” said Mr. Sanwiangchan. “It’s something that seems to have struck a chord with the real estate industry as well and our customers are already familiar with our name when they come to view our projects.”

With 4 existing projects in the Amatanakhorn, Chonburi region, and another currently under construction, the company decided to recently diversify its portfolio by launching Phase 4 in a tourism area, namely Bang Saray.

“Initially we had a problem getting ourselves noticed as out name and slogan was not as well known in the Sattahip/Rayong area. However, once customers came to view our houses they would return two or three times more before deciding to buy after being impressed with the quality of our designs and construction,” said the Sanmanee CEO.

“We were lucky with the project location as we were able to acquire the land at a good price allowing us the advantage of selling the houses at competitive prices,” he added.

The Bang Saray development is modeled on the company’s successful pilot project in Panthong but with modifications to reflect the lifestyle of a tourism city. Improvements include adding Jacuzzi tubs in the bathrooms, expanding the living rooms and using materials such as low mass bricks to reduce noise from the outside.

The village roads are nine meters wide to give the project a non-congested look and the communal park includes a clubhouse and swimming pool. All the facilities will be built during the initial construction phase so that existing residents don’t have to wait until the project is complete before they can use them.

Mr. Sanwiangchan was asked what he considered to be the most important factor in making Sanmanee the market brand it is today.

“Quality and attention to detail in construction,” replied the company CEO without pause. “In addition, if we go back four years, the words ‘house with land’ was not everybody’s realistic dream; especially people with lower incomes since it is perceived that these houses would be very expensive. But Sanmanee is selling houses starting from just over a million baht with built-in furniture, which is still quite a surprise to our customers. Sanmenee has done it and this is one of the elements why we are such a household name in the Chonburi area.”

Sanmanee hopes to launch phases 6 & 7 in September this year, both of which will be located around the Amatanakhorn industrial estate. In the future, the company plans to launch a project over a hundred rai in Phanomsarakham, Chacherngsao, surrounded by a lake, and the houses will be built as if they were on their own personal island. The target market will mainly be Bangkok citizens looking for a second home outside the capital. The developer also has one eye on the condominium market in Pattaya, Chonburi and Prachuap Kirikhan.

“Currently, we are in the research process of possibilities in condo construction including studying the market in each area,” said Sanwiangchan.

And finally, where did the name ‘Sanmanee’ originally come from?

“Well, ‘San’ is from my surname,” said Mr. Sanwiangchan. “As for the ‘Ma’ is from ‘Montree,’ my name. For ‘Na’ it’s from my daughter’s name and ‘Ee’ is from my mother’s name. Put together you get ‘Sanmanee.’ It is a word that brings my family together perfectly even the house models’ names are all from names of members of my family. When we work, we enjoy, we feel like we are with our family at all times.”


Misplaced hopes for longer land leases: the JFCC is heading down the wrong road

It is well known that ownership of land by foreigners in Thailand is restricted. Thus, a long-term leasehold is often the best option for a foreigner to invest in real estate. However, the duration of leasehold in Thailand is limited to thirty years by Section 540 of the Civil and Commercial Code (the “CCC”). It is generally agreed that thirty years is rather short when one is making an investment of any significance and in order to “overcome” this limitation a typical long-term lease agreement in Thailand will provide for two additional successive periods of 30 years each; this despite the fact that current Thai law provides for only one such renewal. However, we will not discuss the issue of a second renewal here.

Due to such restrictions, for many years now, developers and consumers have been calling for an extension of the maximum lease term. However, extending the current maximum lease term and/or renewal periods under Section 540 of the CCC would require a change of law and, therefore, parliamentary approval. However, for various reasons, achieving more favourable long-term lease conditions at this level of the legislative process has been infeasible.

Thus, quite understandably and admirably, the Joint Foreign Chambers of Commerce (the “JFCC”) has been working on a proposal to extend the maximum lease term. In March 2010 the JFCC’s Property Committee finalized and submitted a white paper to the Thai government entitled “Proposal for Leasehold Extension” (the “JFCC Proposal”). The JFCC Proposal articulates many well founded reasons why the legally enforceable lease-term in Thailand should be longer than it currently is.

The authors of this article agree with the JFCC’s position and reasoning in such regard. The JFCC Proposal then states that its objective is to “identify an appropriate and feasible solution to the legal disadvantages that are hindering the growth and development of Thailand’s property market ... the key solution would be the increase of the legal leasehold term,” (JFCC Proposal, page 5). We agree.

The whitepaper’s introduction then recognizes that changing the law itself would be difficult and so it is asserted that the JFCC’s Proposal will “focus instead on a fast-track solution that is available under existing law.” (JFCC Proposal, page 5). We also agree that such an easy “solution” would be preferable if it existed, but unfortunately it does not.

It is our position here that, however well intended, the JFCC Proposal fails to understand the relevant law and that its core proposals are not workable under existing law. The JFCC should withdraw the JFCC Proposal and focus its efforts in this regard instead on advocating for a change to Section 540 of the CCC such that it would allow for a longer maximum lease term.

The first “more achievable and sensible solution” according to the JFCC’s Proposal would be “the revision of the Land Department regulations to ensure that two lease agreements can be registered and enforced in accordance with the CCC, on a back-to-back basis, allowing for a clear, definite 60-year term.” (JFCC Proposal, page 5).

Clearly the JFCC recognizes that the CCC currently limits the maximum lease term to thirty years. However, the JFCC also appears to believe that a lease is enforceable merely through registration. In fact, the JFCC bemoans: “with the current practice of Land Officers, in most cases, [a] second lease agreement can only be registered [and therefore] binding only after the first lease term has ended . . . [however] the second lease term is not binding until it is registered ...” (JFCC Proposal, page 8). “The regulation should state clearly that the Land Department will register and enforce back-to-back leases of 30 years each, in accordance with the CCC, allowing the 60-year consecutive lease term.” (JFCC Proposal, page 13).

To the unfortunate detriment of all of those who would like to see a reliable longer lease term here in Thailand, the JFCC’s efforts are based on fundamental misunderstandings of the relevant law, and therefore are misguided. Obviously the Land Department does not “enforce” land leases. The Land Department is charged with the duty, among others, to register land leases. However, since it bears directly on their white paper’s core recommendation to the Thai government, the more profound of the JFCC’s misunderstandings has to do with the legal effect of a lease registration.

The registration of a land lease and its legal effect seems to be one of the common mysteries in Thai real estate law. The common misunderstanding is that the “registration” somehow makes all elements of a lease contract enforceable and unassailable. The registration of the lease is, however, merely an administrative act.

To the extent that the registration does trigger any legal rights between contract parties, e.g. a lessor and lessee, such rights come from the law itself and not from the administrative act of registration. For example, it is true that under Section 538 of the CCC any lease over three years must be registered or it will not be enforceable beyond three years. Obviously, this is why parties register long-term leases. Nonetheless, registration itself triggers no further legal relations or obligations between the lessor and lessee than those outlined in such Section 538 of the CCC.

The only legal effect of lease registration beyond Section 538 is that it makes the lease agreement a matter of public record but it does not make an otherwise unenforceable lease, enforceable. In other words, simultaneous registration of a second 30 year lease term does not make that second term automatically enforceable; thinking it would, is a fundamental misconception of the current law.

Current Thai law does not provide for an “extension” of a lease term; rather and only it provides for a “renewal”. For example, if during the first 30 year land lease term, the lessor changes (i.e. the land ownership transfers to a new owner for whatever reason) and such initial term ends, the new lessor would be under no obligation to enter into a new lease with the lessee. Such would be the case even if the original lessor had already “registered” a renewal term.

Thus, the relevant legal question is: “who is the owner of the land at the beginning of the new lease term?” Only the owner at the time of renewal, at the beginning of the new term, can act as the lessor and at that time enter into a lease agreement with the lessee. Therefore, merely registering the second 30 year renewal term would not itself make that renewal term enforceable.

Apparently the source of the JFCC’s confusion is also as a result of its misunderstanding of Section 569 of the CCC. “Based on Section 569 of the CCC, only the contractual rights and obligations under an immovable property lease agreement are transferred and binding on the transferee to the land title. Meanwhile, the ‘renewal option’ in the agreement is only considered as a ‘promise’ made by and between the lessor to the lessee, and will not be transferred to the successor/transferee, unless such transferee has accepted to be bound by such promise ... regardless as to whether the lease agreement has specifically stipulated for the renewal option to also be binding on the successor of the lessor.” (JFCC Proposal, page 8).

It is true under Section 569 of the CCC if land is leased for e.g. thirty years and the ownership changes during that thirty years, the new lessor is bound by that lease. It is however also true that the same said new land owner would not be bound by an option/promise to renew the said lease made by the prior land owner. The reason is that the option/promise is not a part of the first thirty year lease by which the new land owner is bound under Section 569. Therefore, if the promise to renew is not a part of the first lease and not binding on the new land owner then most certainly neither is a second “new” lease made by the first land owner. Any such second lease is definitely no more a part of the first lease than is an option to renew the first lease.

It can be concluded that: (i) Section 569 of the CCC only binds a new land owner to a lease that currently exists; and (ii) a second lease to be renewed does not at that point legally exist and the mere act of registration does not make it a currently existing lease.

The second core idea of the JFCC Proposal is to extend the applicability of the Lease of Immovable Property for Commercial and Industrial Purposes Act (1999) (the “Act”). “The scope of this Act is limited. Our recommendation is that it should extend to ‘residential purposes’.” (JFCC Proposal, page 13).

Apparently the JFCC focuses on the Act because it does provide for a maximum lease term of fifty years. However, Section 3 of the Act and the legislative comments to the Act make it very clear that the only permissible purposes of any lease under the Act are commercial or industrial. It is, therefore, not permissible for someone to use the Act for a fifty year lease for residential or recreational purposes.

Thus, “extending” the application of the Act to residential activities would require amending a law, i.e. the Act, itself. Of course that means that this proposal is no more attractive than amending the CCC itself. And in fact, considering that the Act is the “Lease of Immovable Property for Commercial and Industrial Purposes Act”, amending the CCC instead must certainly be more reasonable and likely.

Thus, what is needed are not legally ineffective administrative acts or a change to a law intended for commercial and industrial purposes as currently proposed by the JFCC. The only way forward is an amendment to the relevant law i.e. to Section 540 of the CCC itself, to provide for a lease term of more than 30 years. Pushing for such a measure would undoubtedly make JFCC’s efforts more efficient and would perhaps provide a real opportunity to hope for all the benefits that would accrue to Thailand and those investing here by way of a longer maximum lease term.

Note: Article written by Duensing Kippen Tax & Law, a multi-service boutique law firm specializing in property and corporate/commercial matters, as well as arbitration proceedings. For more information please visit them at: www.duensingkippen.com.


Thailand short of construction workers after Myanmar opens its country

The Thai Real Estate Association (TREA) has revealed that since Myanmar began to start showing signs of opening up its country for outside investment, many Burmese have returned to their home country, which in turn has caused a construction worker shortage in Thailand.

President of the TREA, Kittiphon Pramote Na Ayutthaya, stated that the real estate sector is facing a severe labor shortage, causing delays in several housing construction plans. He said many Burmese construction workers who returned to their home country during the flood devastation in 2011 never came back because they have found more job opportunities in Myanmar, as the nation is opening up for business.

He added if Myanmar fully opens up its country, Thailand would face a huge labor problem.

Currently, many entrepreneurs have already been affected by the government’s plan to increase the minimum wage to 300 baht in April. Production costs are expected to rise. Kittiphon said they will also have to shoulder the increasing fuel prices. He concluded that all of these factors have contributed to the rise in real estate prices, which so far have gone up by 5-10%.

The association president does not believe that the flooding will happen again this year, which will give buyers more confidence in buying houses. He expects that the overall real estate sector will see a 5-10% growth in 2012. (NNT)



New hotels arise amid ruins in Haitian capital

Building work continues on the Royal Oasis hotel in Port-au-Prince, Haiti. (Photo/OasisHaiti.com)

Glimmers of hope are coming to the devastated Haitian capital Port-au-Prince and its surrounding cities, as the concrete Royal Oasis hotel rises over a metropolitan area still filled with displaced-persons camps housing hundreds of thousands. Signs of Haiti’s comeback can also be seen in the 105-room Best Western hotel being built within blocks of shanty-covered hillsides.

At least seven hotels are under construction or are in the planning stage in the capital and its surrounding areas, raising hopes that thousands of investors will soon fill their air-conditioned rooms looking to build factories and tourist infrastructure that will help Haiti bounce back from a 2010 earthquake that officials say claimed 300,000 lives. Some damaged hotels are undergoing renovations.

Together, the projects add up to well over $100 million in new investment and will generate several thousand jobs in a nation still struggling to emerge from years of natural disasters and political turmoil.

In fact, the new hotels are the first significant private-sector construction in Port-au-Prince in the two years since the quake.

“Cautious optimism and deep skepticism” is how economist Claude Beauboeuf describes Haiti’s hotel boom. For people to fill the hotels, he said, it’s important that President Michel Martelly address the problems facing his government, which include an illegal force of armed men openly roaming the country, a string of mysterious police killings and strife with the opposition-controlled Parliament. He also needs a prime minister to replace the outgoing one who resigned after clashing with the president over priorities.

“If he doesn’t address these things, investors will withdraw,” Beauboeuf said, citing Club Med and the Holiday Inn as earlier examples of franchises that left Haiti because of political instability.

The planned hotels in the capital are not aimed at tourists, who avoid gritty Port-au-Prince. Instead, developers are targeting the contractors, foreign aid workers and diplomats for whom finding a room can be a challenge. The Clinton Bush Haiti Fund, led by the previous two U.S. presidents, identified new business-class hotels as key to attracting foreign investors looking for opportunities in Haiti. Similarly, President Martelly has said he wants to make Haiti less dependent on foreign aid and friendlier to outside investments.

One of the biggest foreign investments in Haiti is an industrial park under construction in the north that’s scheduled to begin garment production in September. The giant $300 million Caracol industrial park will be run by South Korean manufacturer Sae-A Trading Co. Ltd. and is expected to bring an initial 20,000 jobs to the remote area. And there are smaller efforts to help Haiti improve production so farmers can better export mangoes, cacao and coffee.

The Haitian capital, which includes several overlapping cities such as Petionville, lost nearly 850 hotel rooms in the quake, according to Tourism Minister Stephanie B. Villedrouin. For more than a year after the disaster, it was often impossible to find a room without months of advance notice.

Villedrouin said all of those hotel rooms will have been replaced by the end of the year.

Several hotel projects are also under way outside the capital, including in the sleepy, picturesque fishing village of Jacmel on the southern coast, and are aimed at what Villedrouin and other government officials hope will become a growing market for tourists willing to overlook the capital and its troubles.

“Haiti is not Port-au-Prince,” the tourism minister said. “Haiti is not the earthquake.”

Even before the catastrophe, only a handful of hotels met international standards of comfort, including the Hotel Montana, the Hotel Villa Creole and the newer Karibe Hotel. These would often fill with journalists, international observers and others during elections or times of crisis, becoming hubs of activity in a city with little in the way of entertainment and where few foreigners venture out at night.

The quake largely destroyed the Montana, though part of it has since re-opened, and extensively damaged the Villa Creole, which remained open after the disaster and is now being renovated. The Karibe was largely unscathed.

Villedrouin said Port-au-Prince officially has a 60 percent occupancy rate but many of the hotels are too rustic for international travelers. The better rooms in the city quickly fill up, with huge demand for the relatively few places with better amenities.

“Right now there’s such demand that the market can absorb several hotels,” said Alejandro Acevedo, an executive for Marriott International, which is building a $45 million, 174-room hotel in partnership with mobile phone company Digicel Group.

Acevedo said even he had to share a room with his boss on a recent visit because of the dearth of hotel space.

“There’s nowhere to stay,” Acevedo said.

Other projects include the $15.7 million Best Western in Petionville that’s due to open this summer. Also in Petionville is the Royal Oasis, a 10-story building that will include an art gallery, three restaurants, a commercial bank and high-end shops. Construction on the Royal Oasis began before the earthquake and is expected to finish by the end of the year.

The project received a $2 million equity investment from the Clinton Bush Haiti Fund along with $275,000 from the Oasis Foundation, a nonprofit group set up by the hotel, to train workers in the hotel industry. It’ll be run by the Spanish firm Occidental Hotel & Resorts.

“This is going to be one of the most palpable signs of modernity emerging from the ashes of the earthquake,” Jerry Tardieu, President and General Director of the Royal Oasis, said from the hotel’s leafy courtyard amid the clang of construction.

The International Federation of Red Cross and Red Crescent Societies is mulling building its own hotel on land it quietly purchased for $10.5 million several months after the earthquake. The money came from donations raised by national Red Cross agencies for quake recovery, causing some to wonder if the money would be better used to house displaced people rather than aid workers.

The Red Cross has said little about the project since it was reported in recent weeks, saying only that it is under consideration.

Many people in Haiti welcome the new hotels just as they do any new investments that will bring jobs to a country where more than half the adult population is unemployed or underemployed and survive on less than $2 a day. But some say Haiti should first care for the 500,000 people still living in makeshift camps.

“It’s nice to build hotels to bring tourists but first you need to think of your citizens,” said Ben Etienne, a 36-year-old resident of a hilly encampment in Peguyville that fills with mud during Haiti’s rainy season. “I don’t have a problem if the tourists come but the money needs to come into the country for the people.”

Tardieu said the new hotels will help more people get out of the camps by giving them jobs to pay for rent on homes being rehabilitated by government and nonprofit organizations.

He noted that 600 people have been employed in the Royal Oasis’ construction and that another 250 to 300 full-time jobs will be created after it opens.

“There need to be Haitian women and men who dare to invest,” he said, “who dare to have a vision of modernity for their country and do not cave in to the cliche that Haiti is only a country where efforts have to be geared toward short-term relief humanitarian work.”

(By Trenton Daniel)



Kvik Danish kitchens expands in Thailand

Kvik’s showroom in Bangkok.

Renowned Danish kitchen brand Kvik plans to expand the number of showrooms for its striking kitchen designs and new innovations such as ‘The Sociable Kitchen’ and flexible storage solutions.

Since launching its first two showrooms in Hua Hin and Bangkok in January 2011, Kvik has developed a strong presence in Thailand with its high quality, innovative kitchens at affordable prices. Both Kvik showrooms were met with favourable success, indicating that Thai customers are clearly attracted to the company’s philosophy of smartly designed kitchens. Kvik will be launching three more showrooms later this year.

According to CEO Carsten B. Andersen, “Ideal locations for this expansion for the Kvik brand are Pattaya, Chiang Mai and Phuket, and Kvik is actively seeking partners to assist us in this expansion plan.”

Mr. Andersen also regards Thailand—which the company sees as the ‘door to the East’—as being a launch pad for further expansion into Southeast Asia.

“Kvik’s strategy of launching its Southeast Asia showrooms in Thailand is due to the strong growth of the Thai economy and the understanding that the kitchen is playing a more central role in the modern Thai home,” Andersen said, adding that “Kvik’s designers understand that the role of the kitchen has evolved in the modern home and the passion the Thai’s possess for cooking, eating, and sharing their meals, all leading to the kitchen becoming more of a social hub. Our designers are in tune to these trends in kitchen design and include innovative design features into all our products to meet these ‘sociable kitchen’ demands.”

‘The Sociable Kitchen’ is Kvik’s trademark, and a key design feature. The philosophy behind it, introduced over a decade ago, is simple: a large room furnished as a kitchen, with multiple functions. The centerpiece of the home, its defining feature is the large work island, around which everyone can gather to share in the joys of food preparation and eating. Kvik kitchens also offer exceptional flexibility, with extra-large cabinets that can be customized to meet one’s specific requirements.

Kvik is part of the Swedish Ballingsl๖v Int. AB Group, one of the leading companies for kitchens and bathrooms in Scandinavia and the United Kingdom. There are currently more than 124 Kvik stores in Denmark, Sweden, Norway, Finland, the Netherlands, Belgium, Spain, The Faroe Islands and Thailand.

To find out more about Kvik Thailand, visit www.kvik.co.th.


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