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Property law in Thailand and Greater Southeast Asia is significantly different than similar legislation in common law and western jurisdictions. Most notably, with a few exceptions Thai law does not allow foreign nationals to own real estate in Thailand. Although a foreign national may own a condominium in Thailand pursuant to the provisions of the Thai Condominium Act, even ownership of such properties is highly restricted as only 49% of the units in any condominium building may be owned by foreign nationals. Meanwhile, although under certain circumstances a foreign company may own title to land for industrial purposes pursuant to the certification process set forth by the Board of Investment (BOI) in Thailand, but such certification is heavily regulated and repeatedly scrutinized in order to ascertain whether a company remains in compliance with the law.

Those wishing to simply maintain the use of property in Thailand may avail themselves of a lease or rental agreement in the Kingdom. That stated, the duration of a lease is an important factor from a legal standpoint as leases with a certain duration must be registered in order to be enforceable. Legal structures such as superfices may be available to foreign nationals while ownership of structures may be separated from ownership of land. Concurrently, mortgages in Thailand must be registered upon the freehold title deed (Chanote) of a given property in order for said property to be considered legally encumbered by a mortgage.

Clearly, property matters in Thailand are complex and multifaceted. Failure to adhere to the provisions of real estate law in Thailand could result in seriously detrimental circumstances for individuals and corporations.
Integrity Legal’s staff of professionals is well versed in the real estate laws of Thailand with a specific emphasis upon the law as it is applied to foreign nationals. We can assist in matters such as lease drafting, conveyancing, mortgage registration, and house book (Tabien Baan) obtainment. Let our team assist you in maintaining the highest level of protections pursuant to the law.

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