Property Title Transfer in Thailand

Property Title Transfer in Thailand can be a complicated process and there are specific procedures and requirements that must be followed. Obtaining the services of a qualified lawyer or a real estate agent who is knowledgeable about Thai land titles and procedures is highly recommended.

The buyer and seller must go together to the Land Department with supporting documents such as the title deed (Chanote) and sales and purchase agreement. The buyer is also responsible for paying a number of fees and taxes.

Legal Requirements

The property title transfer procedure in Thailand can vary based on the type of property and region. To ensure a smooth and legally compliant process, it’s recommended that buyers consult with legal professionals or experts familiar with Thai property law to guide them through the process.

Due diligence is a crucial step in the transfer process, which should include reviewing the title deed, land surveys, and ownership history of the property to ensure it’s free of any liens or disputes. It’s also a good idea to make arrangements for the transfer of utilities, such as water and electricity, into the buyer’s name to guarantee continuity of service.

To complete the process, both the buyer and seller must present themselves at the Land Department with all required documents. If either party is unable to attend in person, they can sign a power of attorney and choose someone else to represent them (this can be your Keller Henson team or a local property lawyer). You will then need to pay the appropriate transfer fees and taxes at the Land Office.

Due Diligence

Due diligence involves a thorough investigation of specific facts and details about a property prior to purchase. This includes a review of the land title deed and its history, possessors, and registered encumbrances; checking that the company is legally registered and that the ownership share is properly recorded; a survey of the land size, shape and orientation (to ensure that the land title accurately represents the offered property); and zoning law reviews concerning permitted uses of the property.

If the property consists of land and house or condominium, the seller should be able to provide a certified copy of the office government issued ownership’s title deed front and back sides and a previous land office sale agreement (where applicable). If you are purchasing off plan, the developer should be able to show you a complete building permit and a detailed blueprint. You will also need to check that the zoning laws have been adhered to.

Transfer Fees and Taxes

In Thailand, transfer fees and taxes are imposed upon the sale and transfer of real property such as condominium apartment, land or house. They include a government transfer fee, specific business tax (SBT), and income withholding tax.

Specific business tax is 3.3% of the government appraised value or actual sales price whichever is higher. In this example, if the sale price is 800,000 baht, specific business tax would be 16,000 baht.

Buyers and sellers must pay these fees and taxes at the land office when they are transferring ownership of the property. If the seller or buyer cannot physically be present, they can make an Ownership Transfer Power of Attorney and appoint someone to go to the land office on their behalf. It is important that the power of attorney follows strict standards that are regulated by the Land Office. This ensures that the process is completed correctly and that the document will be accepted by the department.


Throughout the process, legal professionals should be utilized to ensure that all necessary paperwork is complete. This includes performing extensive due diligence, verifying ownership history, examining the land survey records and checking for any liens or other issues that would prevent a transfer. It’s also important to make arrangements for transferring utilities and services into the buyer’s name at the land office.

Property law and procedures vary based on region and individual circumstance; therefore, consulting with legal professionals specializing in Thai real estate is advisable. They will be able to offer individualized guidance and assistance.

Nor Sor 3 Gor is the most secure form of land title document in Thailand. It grants the owner full ownership rights and can be sold, transferred, assigned, leased, mortgaged or passed on to heirs. This type of land title can be upgraded to a Chanote document. Most other land titles in Thailand are SK1 documents, which do not grant true ownership but only a right of possession with inaccurate surveyed boundaries.


Sales Contract Review in Thailand

A sales contract is a crucial document in Thailand’s vibrant real estate market, providing clarity, protection, and legal compliance for buyers and sellers alike. A professional review of the contract can help buyers avoid legal ambiguities and hidden clauses, reduce liability, and choose the right ownership structure for their purchase.


A sales contract is a legally binding document that lists the basic rights and obligations of both parties. It is usually written in Thai or English and should include a detailed description of the property along with penalties for breaching its terms. A thorough contract review is a must for buyers to protect themselves from legal pitfalls and hidden clauses that can result in costly litigation down the road. It also helps them decide on the best ownership structure for their purchase.

A legal expert who specializes in contract review can help clarify any ambiguity, reduce the liability of the seller, and strengthen their position in case of future disputes. They can also ensure that the information mentioned in the contract matches up with tax records, title deeds, and government permits. They can also check whether the land and property meet zoning regulations and environmental requirements. This due diligence service is essential for foreign buyers to avoid costly mistakes and receive a fair deal.


In any property transaction, a sales contract lays out all the terms and conditions of a sale. It’s a legal document that binds the buyer and seller, and it must be carefully reviewed by a lawyer before signing. The review process will clarify ambiguity and prevent hidden clauses that could lead to future legal disputes. It will also ensure that the information in the sales contract matches with the title deed and government permits.

The contract review process is especially important for foreign buyers in Thailand. A lawyer will examine the contract and point out any issues that need to be addressed. They will also check that the land and buildings on it comply with zoning regulations and environmental laws. This will help ensure that the property is a good investment for the buyer. The review will also help avoid common legal pitfalls that can arise when buying a property in Thailand. It will protect the buyer’s interests and reduce liability on both sides of the transaction.


A Sales Contract Review is a mandatory procedure that strengthens your position, reduces liability, and prevents legal ambiguities when purchasing property in Thailand. A lawyer will review your contract to ensure that it doesn’t contain hidden clauses that could lead to future disputes and to make sure that the property information matches government permits and zoning regulations.

A thorough contract review will help you avoid misunderstandings and legal disputes in the future, which will save you money and time. It will also ensure that your purchase complies with Thai law and that you receive a fair deal.

A skilled attorney can review your sales contract and make changes to it if necessary. He or she can also check that the property information in your contract matches the tax records, title deed, and government permits to ensure that you are getting a genuine deal. In addition, a lawyer can advise you on the best ownership structure to protect your interests.


A sales contract review is a due diligence service that prevents legal ambiguity, reduces liability on both sides of the deal, and strengthens your position in the event of a dispute. It also helps you choose the best ownership structure for your property and ensures that the information in your contract matches the title deed and government regulations.

A legal practitioner conducting the contract review should use other contracts already in existence as reference, and make comparisons to discover what needs to be included or changed in your contract. The contract reviewer for the seller should do the same.

A thorough contract review can save you time and money in the long run. It can help you avoid costly lawsuits and ensure that the property you are purchasing complies with Thai law. It can also provide peace of mind and protect you from a bad investment. This is especially important for foreign buyers, who may not understand the language or laws of Thailand.


Property Due Diligence in Thailand

Due Diligence is a general term used to describe the research and analysis carried out by a reasonable person in preparation for a business investment. This means taking extra precautions to avoid risks and liabilities.

Property Due Diligence in Thailand involves a physical inspection of the land as well as examining all legal documents involved. This includes checking the land title deed and evaluating building construction permits. It also checks for usufructs and servitudes such as a gas pipeline servicetude.

Visual Inspection

The property buyer needs to know what they are buying, and this is usually done by performing a visual inspection of the land or property. This involves checking the copies of the documents attached to the land or property and conducting a land title search at the land office.

A reliable charted surveyor will also check for land encroachment and other related issues. This is especially important for land or properties that have been sold off plan. For instance, the developers might have registered a servitude for a gas pipeline or power cables across the land. This needs to be checked in order to avoid any future complications such as having to pay for a liability insurance cover.

Moreover, the person conducting the due diligence should also conduct a legal background check on the developer such as reviewing the company registration date and shared capital; changes in the company name within three years; registered rights against the land; land taxes paid or to be paid and earlier transfer dates, etc.

Title Search

When buying land, houses or condominiums, it is important to check the ownership title deed and government permits. A reputable property lawyer in Thailand can assist you with this due diligence process. They will verify the seller’s identity and review their past transactions. This ensures that the seller has a valid and clear title to sell you the property and that they are not hiding any debts or other liens on their land.

They will also check the building permit and zoning laws. They can also help you to assess the developer’s background, especially if you are planning to buy off plan. There are many fraudulent dealers and developers out there that will take your deposit and then not build the project.

In addition, they will check whether the development encroaches on government land or is in an area that may be subject to future expropriation. They will also verify that the contract drafted by the seller is correct and free of any hidden costs or drawbacks.

Visit the Land Office

A visit to the land office is an important part of property due diligence in Thailand. This step ensures that the land description in the title deed matches the record held by the local land office. It also checks that the seller owns the land and has a legal right to sell it. It also examines any encumbrances on the land such as usufructs and servitudes (e.g. gas pipeline servitude).

It will also verify that the property is within zoning laws and has a building permit. If it does not, the buyer could be subject to fines from the local government. This is a key part of lowering the risk of an investment in Thailand. The comprehensive checks done in property due diligence can save investors from being scammed and losing money. They can also avoid expensive and time consuming litigation down the road. It is a process that will protect an investor’s long term interests in their place in paradise.

Contract Review

When investing in real estate, due diligence is an essential step. This involves a thorough inspection of the property as well as investigating all legal documents associated with the sale. Due diligence also includes evaluating the seller’s reputation and financial statements.

This is especially important in Thailand, where land ownership is complicated. In addition to a physical inspection, property due diligence requires researching the title deed and checking for liens or other attachments on the property. It’s advisable to hire a lawyer who is familiar with Thai property laws.

Besides the title deed, you should also check the initial environmental examination (IEE) and building construction permits. If you’re buying off plan, make sure the developer has enough money to complete the project before you make a payment. Otherwise, you could find yourself in a difficult situation. Acting with due diligence can save you from unnecessary legal problems.

Retirement in Thailand

Property Market Trends in Thailand

The property market in Thailand has experienced significant growth and transformation over the years, attracting both local and international investors. As one of Southeast Asia’s most popular tourist destinations and a rapidly developing economy, Thailand offers a diverse range of opportunities for real estate investment. In this article, we will delve into the latest property market trends in Thailand, shedding light on key factors driving growth and areas of potential interest for investors.

1. Urbanization and Infrastructure Development

Thailand’s rapid urbanization and ongoing infrastructure development projects have played a pivotal role in shaping the property market. Major cities like Bangkok, Chiang Mai, and Phuket have witnessed extensive modernization, making them attractive investment destinations. The government’s commitment to improving transportation networks, including the expansion of public transport systems and the construction of new highways, has further enhanced accessibility to different areas, driving property values.

2. Foreign Investment and Expatriate Demand

Thailand has long been a magnet for foreign investment in the property sector. International buyers are enticed by the country’s vibrant culture, beautiful landscapes, and relatively low property prices compared to other regional markets. The government’s efforts to simplify foreign property ownership laws and streamline administrative processes have contributed to increased interest from overseas investors. Additionally, the rise in the number of expatriates living and working in Thailand has created a steady demand for rental properties, particularly in popular cities and tourist hotspots.

3. Tourism and Vacation Home Market

Thailand’s thriving tourism industry has a direct impact on the property market. The country’s stunning beaches, tropical climate, and rich cultural heritage continue to attract millions of visitors each year. This has fueled the demand for vacation homes and investment properties in popular tourist destinations such as Phuket, Pattaya, and Koh Samui. Developers are capitalizing on this trend by offering a wide array of luxury resorts, condominiums, and villas tailored to the preferences of both local and international buyers.

4. Sustainable and Eco-friendly Developments

With growing environmental consciousness and an increasing focus on sustainability, Thailand’s property market has witnessed a surge in eco-friendly and energy-efficient developments. Developers are incorporating green building practices, renewable energy sources, and eco-friendly designs to attract environmentally conscious buyers. Properties with sustainable features, such as solar panels, rainwater harvesting systems, and green spaces, are gaining popularity among investors who prioritize sustainability.

5. Co-working Spaces and Flexible Offices

The rise of remote work and the demand for flexible office spaces have influenced Thailand’s property market. Co-working spaces, serviced offices, and virtual offices are gaining prominence, especially in urban areas. The flexibility and cost-effectiveness of shared workspaces have become appealing options for startups, freelancers, and small businesses. As a result, property developers are adapting to this trend by incorporating co-working facilities within their commercial projects to cater to the evolving needs of the workforce.


Thailand’s property market continues to evolve, driven by factors such as urbanization, infrastructure development, foreign investment, tourism, sustainability, and flexible workspaces. As the country’s economy grows and modernizes, opportunities for real estate investment abound. Whether it’s residential properties, commercial spaces, or vacation homes, the diverse offerings in Thailand cater to various investor preferences. However, as with any investment, conducting thorough research and seeking professional advice are crucial steps to ensure a successful venture in the Thai property market.

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Marriage in Thailand

Marriage in Thailand follows a legal process that involves several steps and requirements. Here is a detailed explanation of the marriage procedure in Thailand:

  1. Eligibility: Both parties must be at least 17 years old and have the legal capacity to consent to marriage. Additionally, individuals who have been previously married or widowed must provide evidence of the termination of their previous marriage.
  2. Affirmation of Freedom to Marry: If you are a foreigner planning to marry a Thai citizen, you will need to obtain an Affirmation of Freedom to Marry from your embassy or consulate in Thailand. This document verifies that you are eligible to marry and is usually issued by your home country’s embassy or consulate.
  3. Translation and Authentication: Any documents that are not in the Thai language must be translated into Thai. The translations must then be authenticated at the Ministry of Foreign Affairs in Thailand or at your embassy or consulate.
  4. Visit the District Office: Both parties must visit the District Office (Amphur) to register their marriage. You will need to bring your passport, Affirmation of Freedom to Marry, and any other required documents. The District Office will issue a marriage certificate upon completion of the registration process.
  5. Marriage Ceremony: The marriage ceremony can take place at the District Office or at a location of your choice. It can be a simple ceremony with just the couple, witnesses, and an official from the District Office, or a more elaborate celebration. Traditional Thai customs and rituals can also be incorporated into the ceremony if desired.
  6. Registration of Marriage: After the ceremony, the marriage must be registered at the District Office within 15 days. Both parties, along with two witnesses, must sign the marriage register to complete the registration process.
  7. Marriage Certificate: Once the marriage is registered, you will be issued a marriage certificate in Thai. This certificate serves as official proof of your marriage and can be used for legal purposes.

It’s worth noting that the procedures and requirements may vary depending on your nationality and the district in Thailand where you plan to marry. It is advisable to contact your embassy or consulate in Thailand or seek legal advice to ensure you have accurate and up-to-date information regarding the specific requirements for your situation.


Divorce in Thailand

Divorce Under Thai Family Law

Thai Family Law gives couples a few different ways to obtain a divorce. First, contested divorce can be a valid remedy if the couple hasn’t been married for a reasonable period of time. This remedy is also available to couples who haven’t registered their marriage in Thailand but have been living in the country for at least two years.

Uncontested Divorce

An uncontested divorce is an administrative form of divorce under the Thai family law. It is a popular choice among Thai couples because it avoids conflict among spouses and their families. In most cases, couples will decide on the terms of their divorce agreement privately, and only consult a divorce lawyer if they cannot come to an agreement. However, if you live in another country and wish to get a divorce in Thailand, you must follow certain procedures.

A Thai divorce lawyer can help you file for an uncontested divorce. There are many factors to consider when filing for an uncontested divorce. Firstly, the divorce process must be done in person. Usually, the divorce will take place in a district office, which means that both parties must be physically present. On the other hand, a contested divorce will require the two parties to go to court and fight for their divorce.

Child Custody

If you are facing a divorce, you may be wondering if you have a right to child custody. In Thailand, child custody is a legal right. It is one of the main provisions of the Family Code, which governs rights and responsibilities of parents. It states that the child’s well-being and interests are paramount, and parents have an obligation to provide for them.

The father of a child born outside of marriage has a legal right to child custody, but must first legitimize the child. This requires the consent of both the mother and the child. If this is achieved, the father can then apply for joint or sole custody of the child.

Prenuptial Agreement

Divorce can be a very difficult time for both parties, and having a prenuptial agreement can prevent this from happening. It allows you to specify the division of common assets upon divorce. However, you should remember that prenups aren’t the same as a will and should not include spousal support or child support.

Prenuptial agreements can protect your financial security if you are in debt or have a poor financial background. It can also protect your interests if you get divorced. It is a good idea to consult a legal professional to make sure you get a prenuptial agreement signed. It is also important to note that a prenuptial agreement cannot dictate how foreign laws will be used to settle a divorce.

Court Jurisdiction for Divorce Lawsuits

If you’re facing a divorce in Thailand, you will likely need to know where to file your lawsuit. There are two ways to file a divorce in Thailand – administratively, or through the court system. Both processes involve the filing of paperwork at a government District office. A Thai divorce lawyer can help you navigate the legal process and assemble the necessary evidence to protect your interests.

The process of a Thai divorce requires both parties to appear in court. In an uncontested divorce, the two spouses must appear in person. In a contested divorce, the spouse who filed the lawsuit must live in Thailand or have lawful presence in the country. If neither party is present, the spouse may file a divorce complaint through a lawyer.

Thai Prenuptial Agreement

Prenuptial Agreement in Thailand

A Thai Prenuptial Agreement is a legal contract between the two people who are getting married. It lays out the terms of the marriage so that the parties know what they will be doing financially when the marriage ends. It can be beneficial if you want to protect your assets and avoid inheriting your partner’s debts after the marriage. This contract must be drawn up in both languages of both parties and cannot be amended after the marriage.

Prenuptial Agreements

If you are planning to get married in Thailand, you must know that prenuptial agreements are governed by Thai family law. These agreements must specify the property and debts of each spouse, and they should be drafted by a Thai family law lawyer. The lawyer will make sure that your agreement is enforceable and accepted by the Thai courts.

The civil and commercial code section 1465 recognizes prenuptial agreements. Your agreement should deal mainly with the property you will jointly own with your future husband. This will help to prevent any disagreements down the road. The contract must be in writing, signed by both parties, and witnessed by two witnesses. In addition, it must be registered with your marriage, since it cannot be changed after the marriage.

Protection from Inheriting Spouse’s Debt

One way to protect yourself from inheriting your spouse’s debt is to sign a prenuptial agreement in Thailand. This type of contract can be signed before you get married or after, and it only protects you from your spouse’s debt if the agreement is followed. Many couples choose to do this because they are worried about the effects of divorce or the possibility of financial misunderstandings.

It’s important to understand that a prenup will not protect you from your future spouse’s debt, but it can protect you from a variety of potential liabilities. For example, it can protect you if your partner has poor credit habits or is a stay-at-home spouse. Also, if you’re married to a lower-earning spouse, a prenup will protect you from being held responsible for their debt.

Protecting Your Assets Against Divorce

If you live in Thailand and have significant assets, you should make sure that you have a prenuptial agreement in Thailand before you tie the knot. These agreements are a way to protect your assets in the event of a divorce. While prenups are not binding, they can protect your assets if you get divorced. If you have children, a prenup is especially important. Both parties should sign the document and have it entered into the marriage register.

Prenuptial agreements are legal in Thailand and are recognized under the civil and commercial code section 1465. The only exception is if the agreement contains provisions that are against good morals. Thailand has a civil law system and the civil and commercial code are the primary sources of law.

A Good Compromise in the Event of Divorce

Prenuptial agreements are a good way to protect the interests of your spouse in the event of a divorce in Thailand. These documents guarantee that each spouse will receive a minimum share of the assets they have amassed during their marriage. Thailand’s family law system recognizes prenuptial agreements as valid and upheld by the courts.

In one recent case, a husband and wife filed a divorce petition in Thailand, citing a prenuptial agreement. While the petition focused on child custody issues, it included a section entitled “No Marital Property,” which cited the prenuptial agreement. The wife, however, did not explicitly state that she was seeking enforcement of the prenuptial agreement in Thailand. Moreover, her husband failed to submit an affidavit signed by his Thai legal counsel stating that the prenuptial agreement is required to be enforced.