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Property and real estate

In Thailand the contract you sign matters less than the title deed behind it — and the title is something only the Land Office record can prove.

Foreign buyers lose money in Thai property in predictable ways: a deposit paid before anyone read the title, a condominium bought without checking the foreign ownership quota, a villa held through a company that cannot lawfully own it, or a resale where unpaid common fees and an unregistered mortgage travel with the unit. Every one of those is visible in advance to somebody who searches the record before the money moves.

Property and real estate handled by our Thai lawyers and accountants in Bangkok

Short answer

Foreigners may own a condominium unit outright provided the building's foreign quota of forty-nine per cent of total floor area has room, but may not own land in their own name. Land is normally held through a registered thirty-year lease, a superficies or usufruct right, or a lawfully structured Thai company or BOI-promoted entity. Transfer costs total roughly six to seven per cent of the assessed value and are shared by negotiation.

Due diligence is a search of the record, not a reading of the brochure

Our first step on any purchase is to obtain a certified copy of the title from the Land Office in the district where the property sits and to read its history. That single document shows the type of title, the exact registered area, the registered owner, every mortgage and every encumbrance, and the chain of previous transfers. A Chanote title is fully surveyed and transferable; weaker instruments such as Nor Sor 3 Gor or possessory documents carry survey and transfer risk that no contract clause can cure.

For a condominium the search widens to the juristic person: the registered foreign ownership percentage, whether this unit can be transferred to a foreign name at all, the debt-free certificate confirming no outstanding common area fees, the sinking fund position and the minutes of recent owner meetings. Buyers who skip the last two inherit both a special assessment and a dispute.

For land and houses we also check access and use. A plot with no registered right of way is landlocked in law however good the dirt road looks, and building setbacks, environmental zoning near beaches and hillsides, and construction permits attached to the plot all decide whether what you intend to build is lawful. Where a building already stands, we confirm the construction permit and the house registration match the structure on the ground.

Documents and filings prepared for property and real estate in Thailand
Every file is assembled and checked before anything reaches a Thai authority.

How a foreigner can hold Thai property lawfully

Condominium ownership in your own name is the cleanest route, subject to the building's quota and to purchase funds remitted into Thailand in a foreign currency, evidenced by the bank's foreign exchange transaction record — that document is required at transfer and cannot be produced retrospectively. We tell clients to remit the purchase price correctly before the deposit, because reconstructing the paper trail after the money has moved through a personal Thai account is frequently impossible.

For land the honest options are a registered lease of up to thirty years with a properly drafted renewal mechanism, a usufruct or superficies right registered on the title giving the holder use or ownership of the structure, or ownership by a Thai company that genuinely operates and is genuinely funded. What does not work, however commonly it is sold, is a shell company with unfunded Thai shareholders formed only to hold a villa. That structure is challengeable and it makes the property difficult to resell or mortgage.

Buying off-plan from a developer is a different exercise again. Here the value is in the contract: the payment schedule tied to construction milestones rather than dates, the specification annexed and enforceable, penalties for late completion that are actually collectible, the developer's land title checked for mortgages granted to fund construction, and a clear position on what happens to your money if the project stalls.

Transfer day, taxes and what we do on your behalf

Thai property changes hands at the Land Office, in person or through a registered power of attorney, with the money exchanged at the counter against the registration. Transfer costs comprise the transfer fee, then either specific business tax or stamp duty, decided by the length of the seller's holding period, and withholding tax computed differently for individual and corporate sellers. Together they are typically six to seven per cent of the assessed price, and who pays what is negotiable — it belongs in the contract, not in a conversation on the day.

We attend the transfer, check the deed against the certified copy obtained during due diligence, confirm the removal of any mortgage entry, verify the identity and authority of whoever signs for the seller, and hold or release funds against the registration rather than before it. Where a client cannot travel we act under a power of attorney prepared and legalised in advance.

Because the same office handles the accounting side, we also set up what comes after: rental income declared correctly if the property is let, withholding obligations if a Thai company owns it, annual land and building tax, and the record of acquisition cost that will decide the tax position when you eventually sell.

How the work runs, step by step

  1. Step 1

    Pre-deposit review

    Before any money moves we read the reservation form, check who legally owns the property and confirm whether it can be transferred to a foreign buyer at all.

  2. Step 2

    Title and quota search

    Certified title copy from the Land Office, encumbrance and mortgage check, access rights, zoning, condominium foreign quota and debt-free position.

  3. Step 3

    Contract negotiation

    Bilingual sale and purchase agreement or lease, with milestone payments, remedies, cost allocation and the conditions that must be satisfied before completion.

  4. Step 4

    Funds and remittance

    We set the remittance route so the foreign exchange transaction record exists in the right name, and hold funds against registration rather than promises.

  5. Step 5

    Transfer and aftercare

    Attendance at the Land Office, tax computation and payment, collection of the registered deed, then rental, tax and annual filing set-up if you need it.

What you send us

  • Passport, and the marriage certificate if a spouse will be a party or must consent.
  • Copy of the title deed and any reservation or booking form already signed.
  • Seller identification, company documents and authority to sell where a company or attorney signs.
  • Condominium juristic person contact details for the debt-free and quota certificates.
  • Bank remittance details showing funds arriving from abroad in foreign currency.
  • For off-plan purchases: brochure, specification, floor plan, and the developer's construction permit.

Where things usually go wrong

A deposit paid before the title is read

Reservation forms are often drafted so the deposit is forfeited even when the property turns out to be untransferable to a foreign buyer.

Condominium foreign quota already full

The unit can be sold to you on paper but cannot be registered in your name, leaving a lease or a resale as the only exit.

Money remitted in the wrong name or in baht

Without a foreign exchange transaction record in the buyer's name the Land Office can refuse the foreign-name registration.

A shell company formed to hold a villa

Unfunded Thai shareholders make the holding vulnerable and the asset hard to mortgage or resell. Lease and usufruct structures are safer and registrable.

Government fees and professional fees, separated

The ranges below reflect what our own files cost so you can budget before committing. An itemised quote is issued before work begins.

ItemOfficial feeOur feeNote
Title and encumbrance due diligenceLand Office copy fees, a few hundred baht15,000–35,000 bahtHigher for land with access, zoning or subdivision questions.
Contract drafting or reviewNo government charge20,000–60,000 bahtBilingual, with the Thai text controlling at the Land Office.
Transfer at the Land OfficeTransfer fee 2 per cent, plus specific business tax or stamp duty and withholding tax15,000–30,000 baht for attendance and tax computationTotal official cost is usually six to seven per cent of assessed value.
Registered lease, usufruct or superficies1 per cent of total rent, plus stamp duty25,000–60,000 bahtRegistration is what makes the right binding on a future owner.

Questions foreign clients actually ask us

Can a foreigner own land in Thailand?
Not in their own name, apart from narrow exceptions such as certain investment-linked permissions. In practice foreign buyers use a registered long lease, a usufruct or superficies right, ownership of the building separate from the land, or a genuinely operating Thai company. Condominium units, by contrast, can be owned outright within the building's foreign quota.
How long does a purchase take from agreement to transfer?
A straightforward condominium resale takes two to four weeks, most of which is due diligence and remittance. Land with access or zoning questions, or a purchase requiring a mortgage discharge, takes four to eight weeks. Off-plan purchases follow the construction schedule and complete on handover.
Is a thirty-year lease with a renewal option safe?
The registered thirty-year term is enforceable. A renewal promise is a contractual undertaking, not a registered right, so its value depends on who gives it and what security sits behind it. We draft renewal mechanisms with that limitation stated openly rather than implied away.
Who pays the transfer taxes?
Thai law does not allocate them, so allocation is a commercial term. The common arrangement is an equal split of the transfer fee with the seller carrying the withholding tax and business tax, but developers frequently push the whole amount to the buyer. It must be written into the agreement.

Send us the title deed number, the unit or plot details and any form you have already signed. We will tell you what the record actually says, whether the property can be registered in your name, what the real completion cost is, and what to fix in the contract before you pay another baht.

Contact our office
contact@tla.co.thจ.–ส. 9–18น.15 นาที