Real estate and property law in Thailand governs the rights, transfers, and use of immovable property such as land, houses, condominiums, and commercial buildings. Whether you’re a Thai national, a foreign investor, or a business looking to secure a long-term lease or ownership interest, understanding the legal framework is essential.
Foreigners are generally prohibited from owning land directly under the Land Code, but they may legally acquire condominiums, enter long-term lease agreements (up to 30 years), or invest in land through properly structured Thai-registered companies. Navigating these frameworks requires careful attention to the Condominium Act, Foreign Business Act, and related regulations.
Types of Real Estate Transactions
Legal services related to real estate in Thailand often include:
- Drafting and reviewing sale and purchase agreements
- Conducting title searches and due diligence checks
- Preparing lease agreements for residential or commercial properties
- Handling property transfers through sale, inheritance, or donation
- Real estate development and construction agreements
- Advising on usufruct, superficies, and other land use rights
Clear due diligence and well-drafted agreements are vital. Transactions involving foreigners must comply with Thai laws to ensure enforceability and reduce legal risks.
Buying or Leasing Property in Thailand
Foreigners cannot directly own land in Thailand unless specific exceptions apply (e.g., investment through BOI-promoted projects). However, long-term leases of up to 30 years are commonly used. Thai-registered companies may hold land under strict compliance with the Foreign Business Act and Land Code.
Foreign individuals may legally own condominiums if foreign ownership in the building does not exceed 49%. A title deed review and building compliance check are highly recommended before purchasing.
Ownership through Thai spouses or nominee structures is discouraged, as these may be voided under Thai law.
Real Estate for Businesses
Many businesses require legal assistance for office or factory leases, co-working space contracts, or acquiring land through permitted structures. Contracts should cover early termination, deposit handling, dispute resolution, and renewal terms.
Real estate issues frequently overlap with licensing and regulatory law (e.g., building permits), contract law for lease agreements, and business law for structuring ownership or corporate holdings.
Property Taxation and Transfer
Buyers and sellers must be aware of taxes and fees associated with property transactions. These include:
- Transfer fee (2% of the appraised value)
- Specific business tax (3.3% in some cases)
- Stamp duty (0.5%)
- Withholding tax (varies depending on ownership and entity status)
- House and land tax (for rental properties)
Clear legal advice ensures that obligations are met and risks are minimized.
Who Should Hire a Real Estate or Property Lawyer in Thailand?
Anyone involved in real estate transactions in Thailand—whether buying, selling, leasing, or developing property—should consider engaging a lawyer. This includes:
- Foreigners purchasing condominiums or leasing land
- Thai and foreign companies acquiring land for commercial use
- Individuals inheriting or transferring property
- Property developers managing large-scale residential or mixed-use projects
- Landlords and tenants seeking to draft or review lease agreements
- Investors requiring legal due diligence and title verification
A real estate lawyer can help reduce the risks of fraud, invalid contracts, zoning violations, and disputes with co-owners or tenants. For foreigners, legal support is crucial due to strict ownership rules and evolving regulations.
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Can foreigners own land in Thailand?
No, foreigners generally cannot own land in Thailand unless under BOI promotion or other limited exceptions. However, long-term leases or owning condominiums are permitted under certain conditions.
Is a lease agreement legally enforceable?
Yes, lease agreements of up to 30 years are enforceable under Thai law if properly registered (for leases over 3 years) at the Land Department.
What taxes apply to property purchases?
Property transfers may be subject to transfer fees, stamp duty, withholding tax, and specific business tax depending on the ownership structure and transaction type.
Can I pass on property to heirs in Thailand?
Yes, through a valid Thai will or inheritance laws. For foreigners, proper legal structuring and advice is essential to ensure smooth succession.
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