Thai Real Estate Lawyer for Foreigners — condominium purchase, land leases, superficies, usufruct, BOI / IEAT / EEC land, title due diligence, AML / UBO

Lawful options for foreign buyers

• **Condominium within the 49% foreign quota** — held in the foreigner's own name, requires a FET form from a Thai bank.
• **30-year leasehold** under CCC § 540 — land or buildings, renewable by agreement but renewal is not statutorily binding on heirs.
• **Commercial / industrial lease of 50 + 49 years** under the Commercial Lease Act B.E. 2562 — for investments of at least THB 20 million or projects inside industrial estates.
• **Superficies (CCC § 1410)** — own a building or structure on someone else's land for life or for up to 30 years.
• **Usufruct (CCC § 1417)** — use and take the fruits of land and buildings for life or for up to 30 years.
• **Habitation (CCC § 1402)** — occupy a dwelling personally, for life or up to 30 years.
• **BOI land under § 27** — land for office, factory, and up to 10 rai of executive residences per company.
• **IEAT land under § 44** — unlimited area inside industrial estates.
• **EEC 50 + 49** — commercial / industrial in Chachoengsao, Chonburi and Rayong.
• **Land Code § 96 bis** — invest at least THB 40 million in approved government securities to hold up to 1 rai of residential land.

Title due diligence — what we verify before you buy

**Deed types**: (1) **Chanote (Nor.Sor.4 Jor.)** — full freehold, freely transferable and mortgageable, the safest deed; (2) **Nor.Sor.3 Kor.** — certificate of use right with an aerial-photo land plot, transferable and mortgageable but subject to a 30-day public notice; (3) **Nor.Sor.3** — transferable subject to 30-day notice but without a precise plot — higher risk of overlap; (4) **Sor.Kor.1** — pre-Land Code possession declaration, not a freehold, cannot be transferred to foreigners; (5) **Sor.Por.Kor.4-01** — land reform plots, transfer only by inheritance; (6) **Nor.Sor.Lor.** — state-treasury land, lease only; (7) protected forest, mountain and mangrove land — not transferable.

**Title search at the Land Office**: current owner, encumbrances, mortgages, attachments, 30-year transfer history, pending litigation, actual use, town-planning colour (yellow residential, red commercial, purple industrial, green agricultural, brown institutional), building setbacks under the Building Control Act, and environmental easements such as mangroves and public watercourses.

**Physical inspection**: a boundary survey reconciling the pins on the ground with the deed, public road or servitude access, utilities (water, electricity, internet), flood elevation, and beach setback rules under the National Parks Act and local town-planning ordinances.

**Special searches**: general and specific town plans (for example Pattaya, Phuket and Hua Hin prohibit buildings taller than 12 metres within 200 metres of the beach), aviation zones (building-height restrictions near airports), heritage zones (Rattanakosin in Bangkok), and Environmental Impact Assessment (EIA) for projects with 80 or more units or more than 4,000 sqm of floor area.

Condominium purchase — 49% quota process

• Step 1: reservation deposit of THB 50,000–200,000 (refundable or not depending on the contract) plus a Foreign Quota Letter request to the juristic person.
• Step 2: bilingual SPA stating title, price, penalty clauses, force majeure, defect liability of at least one year under CCC § 472, and common-area fees.
• Step 3: wire foreign currency from abroad into the buyer's Thai bank account and obtain a FET form for transfers at or above USD 50,000.
• Step 4: AMLO filing for transactions of at least THB 2 million is handled automatically by the bank under AMLA § 13, plus UBO disclosure above 25%.
• Step 5: final walkthrough and snag list.
• Step 6: register the transfer at the Land Office with passport, FET, Foreign Quota Letter, SPA and notarised and authenticated power of attorney if used.
• Step 7: receive the condominium chanote in the foreign owner's name, register utilities, and file TM.30 with Immigration.

30-year lease + superficies + usufruct — lawful long-term structures

**30-year lease (CCC § 540)**: maximum 30-year term; leases over three years must be registered at the Land Office (CCC § 538) for 1% of total rent plus 0.1% stamp duty. **Important**: a contractual 'renewal for another 30 years' clause is **not binding on heirs** of the lessor per Supreme Court 2526/2541, but the original lessor is bound (Supreme Court 482/2549). Assignment to heirs depends on the contract.

**Commercial / industrial lease of 50 + 49 years (Act B.E. 2562)**: for investments of at least THB 20 million or inside industrial estates — 50 years plus a 49-year renewal totalling 99 years. Registers as a real right (binding on a subsequent purchaser of the land, unlike an ordinary CCC lease) and is freely assignable.

**Superficies (CCC §§ 1410–1416)**: the right to own buildings or structures on someone else's land for life or for up to 30 years. Registered at the Land Office for a 1% fee. Transferable and inheritable. Useful for building a home on a Thai spouse's land.

**Usufruct (CCC §§ 1417–1428)**: the right to use and take fruits from land and buildings for life or up to 30 years. **Not inheritable** — it ends when the usufructuary dies. Useful for a foreign spouse over land held by the Thai spouse.

**Habitation (CCC §§ 1402–1409)**: the right to occupy a dwelling personally — not to rent it out — for life or up to 30 years. Not transferable and not inheritable.

BOI / IEAT / EEC land — options for foreign-owned businesses

• **BOI § 27**: BOI-promoted companies hold operational land as needed plus residences for executives up to 10 rai per company.
• **BOI process**: file a land application after the Promotion Card → BOI issues S.BOT.5 → Land Office registers transfer in 30–60 business days.
• **IEAT § 44**: inside any of the 43 IEAT industrial estates with no area cap and no time limit; transferable inside the estate.
• **EEC 50 + 49 (Act B.E. 2561)**: in Chachoengsao, Chonburi and Rayong — commercial / industrial 50-year lease plus 49-year renewal totalling 99 years, with EEC tax privileges and Smart Visa.
• **Treaty of Amity** (USA only): a wholly American-owned company may hold operational land through BOI endorsement under the 1966 Treaty and FBA § 10.
• **Special Economic Zones (SEZ)**: ten border SEZs with 50-year leases and tax privileges.
• **FBA licence**: if not BOI / IEAT / EEC and you intend to operate a land-trading business, a Foreign Business Licence is required under FBA § 17 — note that List 1 land trading is in principle closed to foreigners.

AML / UBO / foreign exchange compliance

**AMLO Notification 2566**: real estate transactions over THB 10 million require developers, agents and lawyers acting as reporting entities under AMLA § 16 to perform KYC and CDD, declare the Ultimate Beneficial Owner above 25%, verify the source of funds, screen for politically exposed persons, run UN / OFAC / EU sanctions checks and file Suspicious Transaction Reports within seven days.

**Foreign Exchange Transaction (FET) form**: purchase funds for a foreign-name condominium must arrive from abroad in foreign currency in the buyer's name. Thai banks issue a FET form for transfers at or above USD 50,000 (BOT Notification SorNorChor. 13/2563). This form is filed with the Land Office at transfer to prove the source.

**Source of wealth documentation**: three years of foreign tax returns, employment contracts, business sale agreements, inheritance certificates, or investment portfolio statements; banks may ask for more for properties over THB 25 million.

**AML penalties**: individuals face fines of THB 50,000–500,000 and up to two years' imprisonment under AMLA § 64. Reporting entities face fines of up to THB 500,000 plus THB 10,000 per day of default.

Taxes and closing costs

• Transfer fee 2% of the appraised value (typically split 50:50).
• Stamp duty 0.5% (held over five years and not a developer).
• Specific Business Tax 3.3% (held under five years or developer — Revenue Code § 91/2).
• Withholding tax: individuals progressive against appraised value; corporate sellers 1%.
• Land and Buildings Tax 0.02–0.30% residential, 0.30–0.70% commercial, 0.50–1.20% vacant land (Act B.E. 2562).
• Rental income tax: progressive 0–35% for individuals or 20% for corporates.
• Common Area Maintenance: THB 35–150 per sqm per month depending on grade.
• Sinking fund: THB 500–1,000 per sqm one-time at handover.

Our fees (fixed-fee + capped time-based — no contingency)

• Title due diligence: THB 18,000–55,000 per plot.
• Bilingual SPA drafting / review: THB 35,000–125,000.
• 30-year lease drafting + registration: THB 45,000–145,000.
• Superficies / usufruct / habitation drafting + registration: THB 35,000–95,000.
• EEC 50 + 49 commercial lease: THB 145,000–485,000.
• BOI land application: THB 95,000–245,000.
• IEAT land application: THB 85,000–185,000.
• Condominium closing service (49% quota): THB 35,000–95,000 per unit.
• AML / UBO compliance memo: THB 25,000–75,000.
• Land Office representation (power of attorney): THB 18,000–55,000 per visit.

Risks and reservations

• **No nominee shareholding** — Land Code § 96 bis criminal liability plus forced sale within 180 days.
• No sham marriages to hold land in a Thai spouse's name.
• No purchase or lease of Sor.Kor.1, Sor.Por.Kor., protected forest, mountain or untitled land.
• No guarantee of BOI § 27 or IEAT § 44 approval — these are discretionary.
• A lease renewal clause does not bind the lessor's heirs — long-term risk.
• Appraised values may differ materially from market price — taxes use appraised values.
• Town plans and EIAs change — off-plan projects carry timing risk.
• No document forgery, fake title deeds or fake FET forms.