Property Purchase, Leasing and Title Transfer for Foreigners — 90 FAQs

Yes. Section 19 of the Condominium Act B.E. 2522 allows a foreign national to hold a condominium unit if one statutory condition is met — for example holding permanent residence, being promoted under the investment promotion law, or remitting foreign currency into Thailand to pay for the unit. Most buyers rely on the remittance route and must produce the inward remittance evidence to the officer on the registration day.

Section 19 bis caps aggregate foreign ownership at 49% of the total floor area of all units in the building, not 49% of the number of units. A building with only a small remaining square-metre allowance therefore cannot absorb a large unit. Ask the juristic person for a written foreign-quota certificate before you pay a deposit.

It is the document a Thai commercial bank issues when foreign currency is remitted in and converted to baht, under Bank of Thailand exchange-control rules. Banks currently issue the FET form for amounts of USD 50,000 or more; below that a bank credit advice stating the purpose is used. The Land Office reviews this evidence at transfer.

State clearly that the funds are to purchase a condominium unit, and name the buyer and the project or unit number. Remit into an account in the buyer's own name and pay the seller from there, because the officer checks that the remitter and the registered owner are the same person. A wrong purpose code usually means an extra bank letter and a delayed transfer date.

Common options are to wait for a unit inside the quota to be released, choose another project, or take a long lease registered at the Land Office. A registered lease is a contractual right, not ownership, so compare resale and inheritance consequences before committing.

As a rule, no. The Land Code prohibits foreign nationals from acquiring land unless a specific statute permits it — for example companies promoted under the investment promotion law, operators inside industrial estates under the industrial estate law, or the narrow section 96 bis route.

Section 96 bis of the Land Code allows a foreigner who invests at least THB 40 million in prescribed categories to acquire up to 1 rai of land for residential use, with the permission of the Minister of Interior and on condition the investment is maintained for at least three years. Very few permissions have been granted in practice, so do not plan a purchase around this route alone.

Yes. Thai law allows ownership of a building to be separated from ownership of the land, so a foreigner can own the structure while holding a registered lease or a right of superficies over the land. Make sure the construction permit holder matches the intended building owner and register the transfer of the building with the competent officer.

Section 27 of the Investment Promotion Act B.E. 2520 lets a promoted person own land for the promoted activity as the Board thinks appropriate, even beyond limits in other laws, and requires disposal within one year after the promotion ends. Area and conditions are decided case by case at the BOI's discretion.

Legally yes: the Thai spouse owns the land and grants the foreign spouse a registered lease or usufruct. It must not be a nominee holding, which breaches sections 96 and 113 of the Land Code. At registration the Land Office will require the foreign spouse to sign a declaration that the purchase money is the Thai spouse's personal property.

Section 540 of the Civil and Commercial Code limits leases of immovable property to 30 years, reducing longer terms to 30 years, with renewal for a further period not exceeding 30 years. Under section 538 a lease longer than three years must be registered with the competent officer at the Land Office, otherwise it is enforceable for three years only.

A promise to renew binds the original contracting party and generally does not bind a later purchaser of the land; Thai courts have repeatedly limited the effect of such renewal promises. Treat the registered first 30 years as the certain right and plan your finances on that basis.

A usufruct under section 1417 gives the holder the right to use and take the benefits of the immovable property, can be granted for the holder's lifetime and need not carry monthly rent. It is personal: it cannot be transferred or inherited, and it ends on the holder's death.

Superficies suits someone building a house on land owned by another, because section 1410 allows the holder to own the building or structures on that land. Unlike a usufruct it can be transferred and inherited, so it is often registered alongside a land lease to secure ownership of the house.

Lease registration attracts a fee of 1% of the total rent for the whole term plus stamp duty of 0.1% of that rent. A usufruct or superficies granted without consideration is charged at the flat rate in the Land Department schedule. Rates change, so confirm the exact figure with the Land Office before the appointment.

A Chanote is a full ownership title surveyed against official survey markers and can be sold and mortgaged without restriction. A Nor Sor 3 Gor is a certificate of utilisation evidencing possessory rights rather than ownership, and carries a higher boundary risk. Run a title search at the Land Office and consider upgrading to a Chanote before transfer.

Check the current registered owner, mortgages, servitudes, usufructs, injunctions, litigation, expropriation lines, zoning restrictions and legal access, and confirm the plotted shape matches the land on the ground. Encroachment and boundary discrepancies are the most common source of later disputes.

Yes, but the mortgage discharge must happen at the Land Office on the same day as the transfer. Typically the buyer pays with a cashier's cheque to the mortgagee bank for the outstanding debt and a second cheque to the seller for the balance. Allowing discharge after transfer puts the entire risk on the buyer.

It is high risk, because access depends on a way of necessity or a servitude that may need litigation to enforce. Check whether a servitude is actually registered on the title of the land you must cross; if the arrangement is only verbal, insist it be registered before transfer.

Obtain the debt-free certificate from the juristic person, which must be submitted to the officer on the registration day, and verify the remaining foreign quota, general-meeting minutes, common-area fee rates, sinking-fund balance and the building's repair history.

The main items are the 2% transfer registration fee on the appraised value, withholding income tax calculated under Revenue Department rules, and either specific business tax at 3.3% including local tax or stamp duty at 0.5%. A seller who has held for less than five years and has not been on the house registration for one year usually falls into specific business tax.

The transfer fee and personal withholding tax are calculated on the Treasury Department appraised value used by the Land Office, while specific business tax and stamp duty use the appraised value or the contract price, whichever is higher. Ask the Land Office for an estimate before the appointment.

The law does not fix a split, so it is contractual. The common market practice is to share the 2% transfer fee equally, with specific business tax, stamp duty and withholding tax borne by the seller. Put the split in the contract before any deposit to avoid an argument at the counter.

Use cashier's cheques made out to the payees agreed in advance, handed over only once the officer has completed registration. Large cash payments are risky and some banks require advance notice. Where the parties are in different countries, consider an escrow account under the Escrow Act B.E. 2551.

Yes, on proof of the source of funds: the inward remittance evidence from the purchase, the Land Office sale agreement and proof that taxes were paid. The commercial bank reviews the documents under Bank of Thailand exchange-control rules before remitting out, so keep every document from the day you buy.

Yes, using the Land Department's own power-of-attorney forms — Tor Dor 21 for land and Or Chor 21 for condominium units — with the property and the authorised acts fully described. The officer checks the form, the signature and identification documents for both the grantor and the attorney.

Sign before a Thai embassy or consulate officer, or before a Notary Public abroad followed by the legalisation chain of that country and the Thai embassy. Once in Thailand, non-Thai documents should be translated into Thai with the translation certified by the Department of Consular Affairs. Requirements vary between Land Offices, so confirm in advance.

Because the attorney could fill in terms beyond what was agreed, such as a different price or different authorised acts, which leads to disputes and can support cancellation of the registration. The Land Department therefore warns grantors to complete every field and strike out blanks before signing.

Thailand has acceded to the Apostille Convention and it enters into force for Thailand on 28 February 2027. Until then the traditional legalisation chain still applies. After that date documents from contracting states can carry a single Apostille certificate, although Thai translation requirements set by the receiving authority remain.

Someone you trust who understands the procedure, such as your lawyer or a staff member of the firm you engage. Avoid appointing the other side of the transaction or the seller's agent because of the conflict of interest, and limit the authority to the acts genuinely needed on transfer day.

A company registered in Thailand with a Thai majority may own land, but if the Thai shareholders merely hold shares on behalf of a foreigner it is an unlawful nominee arrangement. We do not set up nominee shareholding structures and instead recommend a registered long lease, superficies, or a condominium unit inside the foreign quota.

Section 36 of the Foreign Business Act B.E. 2542 imposes imprisonment and fines on Thai nationals who assist a foreigner to evade the law, and section 113 of the Land Code penalises holding land on behalf of a foreigner. On the civil side the land may be ordered to be disposed of and the shareholding structure unwound.

Under Land Department circulars the officer investigates the source of funds of the Thai shareholders, their occupations and income, and the intended use of the land, and may demand historical financial evidence. If the evidence is inconsistent the officer can refuse registration and refer the file for further investigation.

Yes. A lease is not an acquisition of ownership, so the 30-year Civil and Commercial Code framework applies, and leases for commerce or industry under the Lease of Immovable Property for Commerce and Industry Act B.E. 2542 can run to 50 years renewable once, subject to meeting the statutory conditions and obtaining permission.

Personal foreign ownership uses the foreign quota and requires inward remittance evidence. Ownership through a Thai company counts against the Thai side of the quota but brings bookkeeping, annual financial statements and corporate tax obligations. Weigh the long-run cost of maintaining the company against the benefit.

Under Land Department circulars both spouses must sign a declaration before the officer confirming the purchase money is entirely the Thai spouse's personal property and not marital property, so that the purchase is not an indirect acquisition by a foreigner. Without that declaration the officer will not register the transfer.

A foreigner can inherit as a statutory heir or under a will, but sections 93 and 94 of the Land Code require a foreigner who acquires land without permission to dispose of it within the period set by the Director-General, in practice usually one year, failing which the Director-General may dispose of it instead.

Under the Condominium Act a foreign heir or legatee who does not meet the section 19 conditions, or whose inheritance would breach the 49% quota, must dispose of the unit within one year of acquisition. If the conditions are met and the quota allows, ownership continues normally.

It is usually advisable. A will made in Thailand, in Thai and in a form recognised by the Civil and Commercial Code speeds up the court appointment of an estate administrator and avoids arguments about translating and legalising foreign documents. State clearly that the Thai will covers Thai assets only so it does not accidentally revoke a foreign will.

Typically a court order appointing the estate administrator, the death certificate, house registration, proof of heirship, the owner's duplicate title deed and identification of the parties. Foreign-issued documents must be legalised and translated into Thai with a certified translation. Inheritance transfers to statutory heirs are charged at the special rate in the Land Department schedule.

Yes. The Condominium Act requires developers to use the sale and purchase agreement form prescribed by ministerial announcement, and any clause that puts the buyer in a worse position than that standard form does not bind the buyer. Compare the draft against the standard form before signing.

Check the construction permit, the environmental impact report if the project is within the threshold, the developer's title to the land and any mortgage over it, the completion date and late-delivery penalties, and the refund terms if the project fails. Pay against genuine construction milestones rather than large sums up front.

The Escrow Act B.E. 2551 lets the parties appoint a licensed escrow agent, usually a bank, to hold the funds and release them when the contractual conditions are met, such as completion of the ownership transfer. Escrow is voluntary between the parties and the agent charges a fee.

The buyer normally pays a one-off sinking-fund contribution plus advance common-area fees as stated in the contract at handover, and the juristic person then issues the debt-free certificate needed to register the transfer. Arrears of a previous owner must be cleared first or the Land Office will not register.

The buyer can terminate and claim a refund with interest under the standard-form contract and consumer protection law. Complaints can go to the Office of the Consumer Protection Board (ocpb.go.th) and a consumer case can be filed in court. Keep every payment record and demand letter as evidence.

The office with jurisdiction over where the property sits — the Phuket Provincial Land Office or its Thalang branch. Confirm jurisdiction for your plot or condominium in advance and book with time to spare, because queues are longest at month end and before long holidays.

The officer may require an interpreter where a party does not understand Thai, to confirm the signatory understands the substance of the juristic act. In practice many Land Offices ask the interpreter to show identification and sign a certification. We can provide an interpreter and translations for the appointment — ask our team by phone, LINE or email.

Typically: check the owner's duplicate title and the parties' identification, file the registration application, the officer examines the rights and assesses value, pay fees and taxes at the finance counter, sign the sale agreement, and finally the officer endorses the register and hands the buyer the deed showing the new owner. Allow half a day.

Yes, into Thai, and normally with the translation certified by the Legalisation Division of the Department of Consular Affairs before filing. The documents most often required are powers of attorney, marriage and divorce certificates and foreign company certificates. Check that name spellings match the passport on every document.

We run the title search and document review, draft or review the sale and purchase agreement, prepare Land Department powers of attorney with signature certification by a Notarial Services Attorney, arrange translation and legalisation, and attend the transfer with an interpreter. Ask about scope and timing by phone, LINE or email. Registration is at the officer's discretion, so we do not guarantee outcomes.

Yes, for foreigners buying a condominium in the foreign quota. The Land Department needs evidence that the purchase money was remitted into Thailand in foreign currency and converted to baht here. Banks now issue a Foreign Exchange Transaction certificate, or a bank letter for amounts below the Bank of Thailand threshold. Two details matter: the recipient must be the buyer, and the stated purpose must be the condominium purchase.

Common lawful routes are a registered long lease of up to thirty years with contractual renewal terms, purchase in the Thai quota through a genuinely trading Thai company, or waiting for a foreign-quota unit to be released. What you should not do is have a Thai person hold on your behalf: nominee arrangements are unlawful and can cost you the asset entirely.

A lease of immovable property can only be registered for up to thirty years at a time. A renewal clause binds the parties contractually but cannot be registered in advance, and Thai courts have held that renewal requires a fresh registration when the term actually expires. Factor in the risk that the land changes hands during the term.

A usufruct grants the right to use and take the fruits of the property for the holder's lifetime, which suits a foreign spouse who wants security of occupation on land owned by a Thai spouse. Superficies grants ownership of the buildings on someone else's land and can be transferred or inherited as agreed. If owning the house itself is the goal, superficies usually fits better, often registered alongside a land lease.

Obtain a certified copy of the back of the title deed at the Land Office to read the full registration history. Check for mortgages, servitudes, usufructs or injunctions. Confirm the document type — Chanote (Nor Sor 4 Jor) versus Nor Sor 3 Gor differ materially in security. Verify boundaries by survey, check zoning and, in Phuket, hillside and building-height controls, and confirm registered legal access to a public road.

Typically a transfer fee on the appraised value; specific business tax plus local tax if held under five years and no exemption applies, or stamp duty if SBT is not due; and withholding income tax, calculated differently for individuals and companies. Ask the Land Office to compute the actual figures before the transfer date and state clearly in the contract who bears each item.

Yes, using the Land Department power of attorney form (TorDor 21 for land, OrChor 21 for condominium units), signed before a consular officer at a Royal Thai Embassy or Consulate, or before a Notary Public and then Apostilled or legalised depending on the country. The document is then translated into Thai and the translation certified by the Department of Consular Affairs. Complete every field — never leave blanks in a Thai power of attorney.

It is, if the company exists only to hold the asset. The DBD and Land Department examine the Thai shareholders' source of funds, the company's revenue and its financial statement filings. If the Thai shareholders lack genuine financial capacity or the company does not trade, the structure can fall foul of the Foreign Business Act. Use it only where there is real business activity and proper legal supervision.

The Land Office asks both spouses to sign a declaration confirming the purchase money is the Thai spouse's personal property and that the foreign spouse has no interest in the land. A foreign spouse abroad can sign before a Thai consular officer and send the document with a certified translation. The effect is that the land is treated as the Thai spouse's separate property.

A foreign heir can inherit as a matter of succession law, but acquiring ownership of land remains restricted under the Land Code, and in practice the land officer usually requires disposal within a set period. A condominium unit can be received and retained if it remains within the foreign quota. Planning ahead with a Thai will covering Thai-situs assets substantially shortens the estate administration.

It can, if validly executed, but in practice it must be legalised in the country of origin, translated into Thai, certified by the Department of Consular Affairs and submitted to a Thai court to appoint an estate administrator — slower and more expensive. The common approach is a separate Thai will for Thai assets, drafted to state that it does not revoke the foreign will covering assets elsewhere.

Typically two to four months from filing to the court order when the documents are complete and nobody objects. Core documents are the death certificate, the deceased's house registration, proof of heirship, an inventory of estate assets and consents from the other heirs. Where heirs live abroad, consents must be signed before a Thai consular officer with certified translations — the step that most often causes delay.

It is levied by the local administration according to actual use. Residential use carries the lowest rate with a statutory exemption threshold for a principal home, while a unit let out is treated as commercial use at a higher rate. Check the annual assessment notice from the local office and appeal within the deadline if the use classification is wrong.

Daily rentals without a hotel licence contravene the Hotel Act and usually breach the condominium juristic person's rules as well; enforcement in tourist areas is active. Lawful alternatives are monthly lettings of thirty days or more, or buying in a project that holds a hotel licence and joining its rental programme. Landlords must also file TM.30 for every foreign occupant.

Verify the project holds the land subdivision licence and construction permits, check whether the land is mortgaged to a bank and whether a mortgage release will be issued at transfer, use the government's standard contract form where the project falls within it, and negotiate escrow or a bank guarantee for instalments. Fix clear liquidated damages for late delivery in the contract.

A gift to a legitimate child or a spouse is treated differently from a sale: personal income tax is exempt up to the ceiling set in the Revenue Code, with a special rate on the excess. Reduced transfer fees apply to certain transfers between close relatives. Have the Land Office compute the actual figures and bring relationship evidence — a birth or marriage certificate, with a certified translation if issued abroad.

The bank will ask for evidence of source: the Land Office sale contract (TorDor 13 or OrChor 13), proof of receipt of funds, the original FET evidence from when the money was brought in to buy, and proof that the relevant taxes were paid. Keeping the original FET from the purchase date is critical — it is the main document that makes the outward remittance straightforward under Bank of Thailand rules.

Nor Sor 3 Gor is a certificate of utilisation, not full title like a Chanote. Sales are possible but require a statutory public posting period before registration, boundaries may be imprecise because of the survey method used, and many banks will not take it as mortgage security. Check whether the plot sits within forest or restricted zones and price in the cost of upgrading to a Chanote later.

Common-area debts are subject to statutory prescription, and the juristic person can withhold the debt-free certificate while arrears remain — which blocks registration of the transfer at the Land Office. Always obtain the debt-free certificate before the transfer date, make the seller liable for all arrears to that date in the contract, and retain part of the price until the certificate is issued.

Phuket applies building-height limits tied to ground elevation, provincial comprehensive plan zoning, environmental protection area rules, and constraints near beaches and on steep slopes. Many attractive hillside plots are far less buildable than they appear. Check with the provincial Public Works and Town Planning Office and the local administration before paying a deposit, and make the construction permit a condition precedent in the sale and purchase agreement.

Identify the plot or unit exactly as in the title document; state the true price and payment schedule; allocate every fee and tax; fix the transfer date; add conditions precedent covering legal due diligence, loan approval, the debt-free certificate and foreign-quota availability; and set default remedies and termination rights. If bilingual, state which language version governs in case of conflict.

Inheritance tax applies where the value received from a single estate exceeds the statutory threshold, with a lower rate for ascendants and descendants than for other recipients. Heirs must file within the statutory period after receiving the inheritance. This is separate from the Land Office registration fee for a transfer by succession — assess both together when planning.

The main items are the Land Department transfer fee based on the official appraised value, either specific business tax or stamp duty depending on holding period and seller status, and withholding income tax on the seller. The law does not allocate them, so it is a matter of contract. The common market practice is to split the transfer fee equally and leave the seller's taxes with the seller, but it should be written into the sale agreement.

A usufruct gives the holder possession, use and the fruits of the property, including the right to rent it out and keep the rent, and can be registered for the holder's lifetime. A right of habitation only allows the holder to live in the building without taking the fruits. Neither can be inherited: both end on the holder's death, which is why they are usually combined with a Thai will covering other assets.

Yes. Thai law does not prevent foreigners from owning buildings, only land. The structure must be kept separate: the construction permit should be issued in the lessee's name, the lease should state that the building belongs to the lessee, and ownership of the structure should be registered with the authorities. Without those steps the building may be treated as a component part of the land when the lease ends.

Generally the amount brought in for the purchase plus the gain on the sale, subject to the bank's document checks. Banks typically ask for the foreign exchange transaction certificate from the purchase, the sale agreement registered at the Land Office, and evidence that transfer taxes were paid. If the original inbound certificate is lost, request a copy from the bank early because retention periods are limited.

Renting accommodation by the day generally constitutes hotel business under the Hotel Act, which requires a licence and building safety compliance that ordinary residential condominium units rarely meet. Many condominium regulations also prohibit it outright. Renting for one month or longer, or using a project that holds a hotel licence, is the compliant route.

Yes, using the Land Department power of attorney forms, TD.21 for land and OrChor.21 for condominium units, together with a passport copy signed on every page. If signed outside Thailand the signature must be notarised and then legalised through the chain required by that country before the document is used in Thailand. Never sign a blank form: complete every field before signing.

The Condominium Act caps aggregate foreign ownership at 49% of the total saleable floor area of a building. Once that ratio is reached, the Land Office will not register a transfer into a foreign name. Lawful alternatives are to wait until another foreign owner sells and quota is released, to buy within the Thai quota through a genuinely operating Thai company, or to register a long-term lease instead. Before paying a deposit, always request the juristic person's current foreign-quota certificate, because the ratio changes daily. We obtain that certificate and run the Land Office title search before you become contractually bound.

A foreign buyer must show that funds were remitted into Thailand in foreign currency and converted to Thai baht locally. The bank issues a foreign exchange transaction certificate for each qualifying remittance. Common failures are stating a purpose unrelated to purchasing property, remitting into an account not held by the intended registered owner, and converting to baht offshore. Any of these makes the evidence unusable at the Land Office and forces the remittance to be redone, so the money trail should be planned before the first instalment.

Check three layers: the Phuket comprehensive town plan zone and the land uses it permits, the building-height restrictions tied to elevation above sea level, which are stricter in Phuket than in most provinces, and setback rules from the shoreline and public roads. Confirmations come from the provincial Public Works and Town and Country Planning office and the local administrative organisation. Never rely on a broker's verbal assurance that building is allowed — request a written response before signing.

Thai law gives the owner of enclosed land a right of necessary passage over neighbouring land against compensation, but relying on that alone invites future disputes. The safer route is to negotiate and register a servitude on the neighbouring title deed, specifying the width, alignment, and the right to lay utilities. A registered servitude binds subsequent owners of the burdened land, whereas a verbal arrangement does not.

A Chanote is a full ownership title with precise surveyed boundary markers and can be sold and mortgaged without restriction. A Nor Sor 3 Kor certifies utilisation rights rather than ownership, and its boundaries derive from aerial photo mapping, so overlaps with forest reserve or state land are possible. Prefer a Chanote where available. If a Nor Sor 3 Kor is unavoidable, insist on a title search and a boundary resurvey, and assess upfront how feasible upgrading to a Chanote will be.

The bank will ask for evidence that the funds are legitimately sourced. The standard file is the inbound foreign exchange certificate from the purchase, the Land Office sale agreement, receipts for taxes and transfer fees paid on completion day, and the transferred ownership certificate. If the inbound evidence was never kept, repatriation becomes slow and may be capped. Assemble the file on transfer day rather than reconstructing it years later.

The contract must follow the prescribed standard form for land subdivision and condominium sales, instalments must track verified construction progress rather than the calendar, and the transfer date plus late-delivery penalties must be explicit. Verify that the subdivision licence and construction permit have actually been issued, and check whether the land is mortgaged to a bank along with the per-plot mortgage release terms. A seller who avoids showing these documents is a warning sign.

Rates depend on actual use, split between agricultural, residential, other commercial use, and vacant land. A second home with no owner registered in the house book is taxed at residential rates but does not receive the same exemption base as a principal home. Undeveloped land left idle attracts a higher rate that escalates with each consecutive vacant year. Assessments are issued by the local administrative organisation, and an incorrect use classification can be appealed within the statutory deadline.

Daily accommodation rental generally falls under the Hotel Act, which requires a licence and building safety compliance. Most residential condominium buildings cannot qualify, and condominium by-laws usually prohibit it as a second layer. Breaches carry fines and shutdown orders. Safer options are monthly-or-longer leases, or investing in a project that already holds a hotel licence with a compliant rental management structure.

The Land Office requires both spouses to sign a declaration that the purchase money is entirely the Thai spouse's personal property and that the foreign spouse holds no interest in the land, so that the land does not become marital property in breach of the foreign land-ownership restrictions. If the foreign spouse is abroad, the declaration and power of attorney must be executed before an embassy or a notarial services attorney and then legalised through the chain the Land Office accepts. Preparing this in advance prevents the transfer date from slipping.

At minimum six checks: the Land Office title file and chain of acquisition, encumbrances on the deed including mortgages, servitudes and injunctions, physical boundary verification against the survey markers, town-planning zone and height limits, legal access and utility easements, and confirmation that the plot does not overlap forest reserve, state property or national park land. It takes only a few days and prevents very large losses. We deliver all six as a single bilingual report a foreign buyer can act on immediately.

Whichever the contract itself designates as prevailing. If nothing is stated, an interpretation dispute is guaranteed the moment a problem arises. Best practice is a single parallel bilingual document that expressly makes the Thai version binding, since Thai courts and the Land Office operate in Thai, with the translation done by someone fluent in legal terminology and with matching defined terms in both columns. Machine translation in a property contract is a risk that is never worth taking.