Phuket Property Conveyancing for Foreign Buyers — Due Diligence to Land Office
Every Phuket transfer we file has a title search from Day 1 and a lawyer at the Land Office window on transfer day — not a broker, not an agent, a licensed Thai lawyer.
Buying a Phuket condo or villa as a foreigner needs 6 defended steps: (1) title search at Phuket Land Office to verify Chanote + no encumbrance, (2) foreign quota check (49% cap for condos), (3) sales & purchase agreement with escrow clause, (4) foreign exchange transaction (FET) inward remittance from abroad, (5) transfer day at Land Office with tax + transfer fee settlement, (6) juristic person handover. We handle all 6 for a fixed 1-1.5% fee capped at THB 150,000. Villas on Thai land require additional company or 30-year lease structuring — we do both.
Pricing
฿45,000 – ฿250,000
fixed fee (1-1.5% of price, capped)
Turnaround
3–6 weeks from PSA to transfer
Foreign Condo Quota
49% of total floor area
Land Office (Phuket)
Chao Fa Rd + Thalang branch
Transfer Fee
2% of appraised value
Specific Business Tax
3.3% if sold <5 years
FET Threshold
USD 50,000+ must be certified
The Title Search — Where 90% of Problems Surface
Every deal starts with a Chanote (Nor Sor 4) verification at Phuket Land Office. We pull the current title deed and check: (a) registered owner matches seller, (b) no mortgage or lien, (c) no court injunction, (d) building permit exists, (e) common area encroachment resolved.
For condos we additionally verify the foreign quota register — a condo project cannot sell more than 49% of total floor area to foreigners. If the project is at 48.5% and you're buying a 3% unit, the transfer will be rejected at Land Office. We check this before you sign.
Chanote authenticity (physical vs Land Office master)
Mortgage/lien discharge required before transfer
Building permit (Or 1 / Or 6) for villas
Foreign quota register position (condos)
Chor Or 2 environmental clearance (villas near beach/hillside)
Juristic person debt-free letter (condos)
Structuring Villa Ownership — The 3 Legal Routes
Foreigners cannot own land in Thailand directly. Three legal structures allow foreigners to control a Phuket villa:
30-Year Registered Lease + Renewal Clause — Cheapest, cleanest. Lease registered at Land Office, renewable by contract clause (not guaranteed but standard practice)
Thai Company Ownership — Company holds land; foreigner holds 49% + preferential voting. Requires genuine Thai partners + BOI or FBA compliance. Under increasing scrutiny since 2023
Superficies (Right to Build) — Foreigner owns the building, Thai (usually spouse) owns the land. Superficies registered at Land Office, protects building ownership if land relationship ends
The FET (Foreign Exchange Transaction Form) — Non-Negotiable
Any inward remittance over USD 50,000 (or equivalent) intended for property purchase must be certified by the receiving Thai bank with an FET form quoting 'Investment in Condominium' or similar purpose. Without FET the Land Office refuses transfer and — worse — you cannot repatriate the sale proceeds when you eventually sell.
We coordinate directly with your Thai bank (Kasikorn / SCB / Bangkok Bank Phuket branches) to ensure FET is issued in the correct purpose code with your name matching the buyer name on the PSA character-for-character.
Transfer Day at Phuket Land Office — What Actually Happens
Transfer day is a 3-hour appointment at Phuket Land Office (Chao Fa Rd for downtown / Thalang for north Phuket / Kathu for Patong-Kamala). Buyer + seller + both lawyers appear in person or by POA. Documents reviewed, taxes calculated on the spot (transfer fee 2%, SBT 3.3% if <5 years, stamp duty 0.5%, withholding tax), payment made via cashier's cheque, new Chanote issued in the buyer's name within 30 minutes.
We attend every transfer with a senior lawyer, verify the tax calculation (Land Office occasionally miscalculates SBT vs stamp duty), collect the new Chanote, and deliver to you the same day.
Post-Transfer — The First 30 Days
Change of ownership at juristic person (condo management office), transfer of utilities (PEA electricity, PWA water, TrueVisions/AIS), TM.30 registration if you'll live there, insurance policy transfer. We include all these as part of the fixed fee.
Documents you'll need
Buyer
Passport + entry stamp + visa page
FET form from receiving Thai bank
Marriage certificate (if buying with spouse)
POA (notarized + apostilled if signed abroad)
Seller / Developer
Original Chanote
House registration book (Tabien Baan)
Juristic person debt-free letter (condos)
Foreign quota certificate (condos)
Building permit (villas)
How it works
1
Title search + due diligence
3-5 days
Physical Chanote pull at Land Office + juristic person + quota check.
2
Sale & Purchase Agreement
2-3 days
Bilingual PSA with escrow, penalty, and defect clauses drafted or reviewed.
3
Deposit + escrow
Same day
5-10% deposit into escrow account at our client trust or SCB Escrow.
4
FET remittance
5-10 days
Buyer wires funds; bank issues FET; we verify purpose code + amount.
5
Land Office transfer
1 day (3 hours)
Both parties + lawyers attend; taxes paid; new Chanote issued.
6
Handover + admin
1-2 weeks
Keys, utility transfer, TM.30, juristic person handover.
Frequently asked questions
Can I buy a Phuket villa on freehold as a foreigner?+
Not the land. You can freehold the building via superficies while the land is held on 30-year lease or by a Thai company. We structure both.
What are the total closing costs?+
Typical split: transfer fee 2% (usually split 50/50), SBT 3.3% if sold within 5 years (seller pays), withholding tax (seller), stamp duty 0.5% (seller). Budget 3-6% total on the buyer side.
Can I use my Thai company to buy land?+
Yes but under scrutiny. Company must have genuine Thai shareholders, real business activity, and pass Land Office 'sham company' checks. We advise on compliant structures and Board of Investment alternatives.
Do you handle off-plan purchases?+
Yes — we review developer PSA, escrow instalments, building permit, EIA clearance, and enforce timely handover. Off-plan risk is significantly higher; we do not recommend without an escrow structure.
What happens if the developer goes bankrupt mid-construction?+
You become an unsecured creditor unless payments were held in escrow. This is why we insist on escrow for every off-plan deal — the 0.5% escrow fee is trivial vs total loss risk.
Can you help me sell in the future?+
Yes — sell-side conveyancing is our largest practice. We handle repatriation of proceeds under the original FET, tax clearance, and lien discharge.
Buying or selling in Phuket? Send the Chanote number or listing link via LINE @thainotary — we'll run a preliminary title check within 24 hours at no cost.
