Purchasing property in Thailand
Whether you are searching for a new home, planning to invest in real estate, or seeking a building for your business, Thailand offers a range of property options. However, as you are a non-Thai citizen, there are many considerations to make before purchasing a property in Thailand, whether it is a condominium, house, villa, or other type of real estate.
To help you make an informed decision, our property law team has provided information on the common types of property you can purchase in Thailand and the legal requirements involved.
Buying a Condo in Thailand
One of the most popular real estate properties available for purchase to foreign nationals is a condominium in Thailand. Condos are a popular choice for foreigners seeking to stay or invest in Thailand, as they allow freehold ownership rights.
Under the , a Thai condo is a building where you can own a personal unit while also sharing ownership of common areas with other tenants. There are numerous benefits to owning a condo, such as being able to own it in your name, lower maintenance fees, being easier to rent out due to its size and location, and more.
Reselling a Condo in Thailand
You can resell a condo you no longer intend to use or one that you bought as an investment opportunity. You can choose to resell units that are under construction (in which a resale is needed before transferring the title) or ones that are already complete and ready for tenants to move into.
Buying a House in Thailand
Houses in Thailand offer numerous benefits over condos, such as larger living spaces, more privacy, and freedom to maintain the household however you see fit. However, you are generally restricted from purchasing and owning a house in Thailand if you’re a foreign national, unless you’ve constructed the home on land that you’ve leased.
Buying Land in Thailand
Thai property law permits land purchases only for Thai nationals. If you’re a foreigner, you can only lease land and are barred from freehold ownership in your name. Despite this, land ownership is permissible under certain conditions, such as if you buy it through a Thai limited company you have ownership in.
Thai Villa
A Thai villa offers many of the same benefits and ownership rights as a house, but they are larger and legally distinct from houses in certain respects. If you’re a foreigner, you’re generally not permitted to buy a villa outright under Thai law, but you can build one on a plot of land that you’ve leased.
Superficies
In Thailand, superficies grant you the legal right to build a structure on someone else’s land and register it as an independent property. Superficies rights typically last up to 30 years, with the possibility of an extension. You will need to secure this right in order to build a home or villa on leased land.
Usufructs
A Usufruct grants temporary rights to use and benefit from another person’s property, provided it is not damaged or altered. Both you and the owner must mutually agree to a usufruct and register it at the Thai Land Office. This process is also key when leasing land for specific purposes.
Servitudes
A right of servitude allows one property (also known as the dominant property) to benefit from another property that is currently being burdened (which is labelled as the servient property). Landowners of a servient property must grant dominant property owners the right to use it for certain purposes, provided they do not impose additional burdens or alterations.
Leases in Thailand
Leases in Thailand may be short-term (less than 3 years) or long-term, and are capped at 30 years, though there is the possibility of renewals, which can extend this period further. Lease agreements are typically the best choice if you want to acquire land for personal use in Thailand, as foreigners are prohibited from buying land in Thailand.
Mortgages in Thailand
Mortgages in Thailand are available to foreigners, though few banks offer them, and additional legal steps are required. With the right guidance, it is possible to obtain a mortgage to purchase property in Thailand.
Property Services in Thailand
Thai property law can be difficult to understand if you’re not familiar with it, and going it alone may lead to financial losses and possible legal repercussions. To protect your investments and to ensure compliance with Thai regulations, Siam Ä¢¹½ÊÓÆµ offers a range of property services, as outlined below. If you want more detailed descriptions of our services, you can also visit our property services overview page.
Real Estate Lawyer in Thailand
If you need legal assistance for anything related to property, you’ll need to retain the services of our bilingual Thai real estate lawyers. We can assist with property purchases, land leases, title transfers, and much more.
Title Search
If you want to verify the legal ownership of a property and whether the seller has the right to transfer it, you can perform a title search. Title searches are conducted by a qualified real estate lawyer who will check government records to determine the true ownership of a property.
Due Diligence
Our property lawyers can also conduct due diligence as a way to verify the agreement you’re entering into and help you avoid potential risks. This process includes inspecting the property, verifying the seller’s claims, and determining whether the seller is involved in litigation or bankruptcy proceedings.
Reviewing a Thai Property Contract (Lease and Purchase Agreements)
In Thailand, when you purchase or rent out a property, you must sign a contract to make the deal legally binding. These legal agreements typically outline tax liabilities, payments, construction timelines, and penalties for delays or late fees. Property lawyers review Thai housing contracts to ensure they are fair, enforceable, and comprehensive.
Transfer of Title
Before completing a property purchase, the title must be registered in your name to secure ownership rights. Property ownership transfers are registered at the Thai Land Office, a service we can perform on your behalf.
Professional Assistance From an Experienced Thai Property Lawyer
Whether you are looking to purchase real estate in Thailand or want to access certain property services, reach out to Siam Ä¢¹½ÊÓÆµ for professional assistance. As a full-service law firm with over 20 years of experience in helping foreigners secure property in Thailand, we can help you secure the property you need for your home, investment portfolio, or business ventures.
Our real estate lawyers know all the ins and outs of Thai property law and have extensive experience guiding foreign clients smoothly through property-related procedures. We simplify the process by handling all administrative requirements, including filing documents, reviewing contracts, verifying title deeds, and more. Having us by your side makes it easier to get the property you need while protecting your interests and keeping you safe from fraud.
Contact Siam Ä¢¹½ÊÓÆµ today to book a consultation with our lawyers and secure the property you want in Thailand, whether for personal or business use. If you have any questions, you can also find answers by visiting our Thailand Property FAQ page.
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