Posts

Property Mortgages in Thailand

Buying a home in the "Land of Smiles" is a dream for many, but navigating the financial landscape of property mortgages in Thailand requires a deep understanding of local laws, banking habits, and the distinct divide between how locals and foreigners are treated. While the Thai mortgage market is robust, it is highly regulated under the Civil and Commercial Code . 1 Whether you are a Thai national seeking a 100% loan or a foreign investor looking to secure a Bangkok condo, the path to financing involves specific legal hurdles and strategic choices. 1. The Legal Foundation of Thai Mortgages In Thailand, a mortgage is a contract where the "Mortgagor" (borrower) assigns immovable property to the "Mortgagee" (lender) as security for a debt. 2 Under Section 702 of the Civil and Commercial Code, the lender has priority over other creditors to be paid from the property's value if the borrower defaults. Key Legal Requirements: Written & Registered: To...

Title Deeds in Thailand

 Title deeds in Thailand are the foundation of land ownership, transfer, and development rights. Unlike jurisdictions where land ownership is uniform, Thailand operates a tiered land title system , where different title documents confer different levels of ownership, transferability, and legal protection. Misunderstanding these distinctions is one of the most common causes of land disputes, invalid transfers, and failed developments. This article provides an in-depth explanation of Thai land title deeds , their legal significance, types, limitations, and practical considerations for buyers, investors, and developers. 1. Legal framework governing land and title deeds Land ownership and title deeds in Thailand are governed primarily by the Land Code of Thailand , together with ministerial regulations and administrative practices of the Department of Lands . The Land Code defines: Recognized types of land rights Procedures for registration and transfer Restrictions on owner...

Title Search in Thailand

A thorough title search in Thailand is not a bureaucratic box-tick — it’s the single most important risk-control step before buying land, taking security, accepting leasehold collateral, or committing funds to development. Thailand’s layered title system, administrative practice at local Land Offices, and common on-the-ground idiosyncrasies mean a cursory registry printout is not enough. This guide explains the legal landscape, a step-by-step search workflow, how to interpret the registers, lender expectations, common red flags, timing and costs, and practical contract drafting and closing controls that prevent catastrophic losses. Why a title search matters more in Thailand than in many markets Thailand’s register is robust where there is a chanote (Nor Sor 4 Jor) — a survey-backed title with precise coordinates — but many older or rural holdings sit on weaker documentary bases (Nor Sor 3 Gor, Nor Sor 3, Sor Kor 1 or mere possession certificates). Those lower-class titles can be con...

Contract Review in Thailand

Contracts are where commercial deals become enforceable promises — but in Thailand the law, administrative gatekeepers and local practice create some risks foreign drafters often miss. A focused contract review is therefore not a language edit; it is a risk audit that must check (1) legal capacity and licenses, (2) the commercial mechanics that will actually make the project work, and (3) enforceability and remedies you can use in Thailand. Below is a practitioner’s roadmap you can use the next time you review or negotiate a Thai contract. The legal frame you must start from Thai contract law sits in the Civil and Commercial Code (formation, performance, remedies) and recognizes electronic contracts/signatures under the Electronic Transactions Act (ETA) . Thailand also has a modern data-protection regime (the PDPA ) and sectoral rules (e.g., the Foreign Business Act / BOI and Land Department requirements) that often change how a contract should be drafted or implemented. These sta...

Thailand Permanent Residency

For many long-term expatriates, the ability to obtain permanent residency in Thailand represents the highest level of immigration stability short of citizenship. It eliminates the need for annual visa renewals and allows greater freedom to live, work, and invest in the Kingdom. Yet, permanent residency (PR) is often misunderstood—its legal framework is precise, its application process rigorous, and its availability subject to strict quotas. This article examines Thailand’s permanent residency system in depth, focusing on its legal foundations, eligibility criteria, application procedures, benefits, limitations, and real-world considerations. 1. Legal Framework 1.1 Governing Law Permanent residency in Thailand is regulated under the Immigration Act B.E. 2522 (1979) and subsequent ministerial regulations. Authority lies with the: Immigration Bureau (application and interviews), Ministry of Interior , and Cabinet , which approves successful candidates. 1.2 Quota System...

Due Diligence in Thailand

Due diligence in Thailand is a critical procedural and legal safeguard used to assess the legal, financial, and operational risks associated with investments, mergers and acquisitions (M&A), real estate transactions, joint ventures, and regulatory compliance. While the scope of due diligence may vary depending on the transaction type, the core objective remains consistent: to provide decision-makers with verified information to identify hidden liabilities and mitigate exposure. In the Thai legal context, due diligence is not a statutory requirement per se but has become customary best practice in both private and institutional transactions. The process draws from Thailand’s civil law system , registry-based property regime , and administrative licensing structure , which together require a fact-based, document-intensive inquiry. II. Legal and Institutional Context A. Absence of Unified Code Unlike in some common law jurisdictions, there is no standalone “Due Diligence Act” in ...