Sector Focus
Real Estate & Property
From acquisition to exit — legal support for developers, investors, and occupiers navigating Thailand's property market.
The Market and the Legal Landscape
Thailand's real estate market attracts significant foreign interest — from condominium buyers and hotel investors to industrial land developers and logistics operators. The legal framework is nuanced: foreign ownership of land is generally prohibited, but there are well-established structures that allow foreign investors to participate meaningfully and securely in the Thai property market.
Whether you are acquiring a condominium unit, developing a resort, structuring a long-term lease, setting up a property-holding company, or navigating a landlord-tenant dispute, getting the legal structure right from the outset protects your investment and avoids costly problems later.
Foreign Ownership & Investment Structures
Foreign nationals and foreign-owned companies cannot generally hold freehold title to land in Thailand. However, several legitimate structures provide long-term security and control:
Condominium Freehold
Foreign nationals may own condominium units outright up to 49% of total floor area in a building. We advise on eligibility, funds transfer requirements, and title due diligence.
Long-Term Leases
Initial 30-year registered leases with contractual renewal rights are the most common structure for foreigners acquiring land-linked property. We draft, negotiate, and register lease agreements designed for security and enforceability.
Thai Land Holding Company
We can advise on the suitability of a Thai limited company to hold land. We advise on structuring, FBA compliance, and how to ensure your security within the law.
BOI & Industrial Structures
BOI-promoted entities and industrial estate operators have access to land ownership rights unavailable to ordinary foreign companies. We assist manufacturers, logistics operators and data centre developers in accessing these routes.
A note on nominees: Using Thai nominees to hold land on behalf of foreigners is illegal under the Land Code and the Foreign Business Act. We help clients achieve their objectives through legitimate structures — not ones that expose them to criminal liability and asset seizure.
Acquisitions & Disposals
Buying or selling property in Thailand involves title verification, tax planning, and contractual protection that go well beyond what a real estate agent can provide. Our transactional work covers:
- Title Due Diligence — Land Department searches, encumbrance checks, servitude and mortgage verification, chanote vs nor sor 3 title analysis, planning and zoning review.
- Sale and Purchase Agreements — Drafting and negotiating SPAs that protect your interests, including conditions precedent, representations, warranties, deposit and forfeiture provisions, and transfer mechanics.
- Transfer and Registration — Coordinating Land Department registration, transfer fees, stamp duty, withholding tax and specific business tax planning.
- Off-Plan Purchases — Developer due diligence, construction escrow review, unit reservation and purchase contract review, and protecting buyers if a developer becomes distressed.
- Corporate Acquisitions of Property — Where property is held by a company, advising on whether to acquire shares or assets, and the tax and liability implications of each approach.
Development & Construction
Property development in Thailand involves multiple regulatory approvals, complex contractor relationships, and significant capital at risk. We advise developers — both domestic and foreign — across the full project lifecycle:
Planning & Permits
EIA requirements, building permits (อ.1, อ.6), construction licences, condominium registration, hotel licences and zoning compliance.
Construction Contracts
Drafting and negotiating EPC, FIDIC, and bespoke construction agreements; defect liability, performance bonds, delay and variation provisions.
Project Finance
Security packages, mortgage registration, collateral documentation, and lender-side due diligence coordination for bank and private debt facilities.
JV & Development Agreements
Joint venture structuring between landowners and developers; profit-sharing, management rights, and exit mechanics.
Presales & Marketing
Compliant reservation forms, presale contracts, escrow arrangements, and consumer protection compliance for off-plan marketing.
Contractor Disputes
Defect claims, delay and liquidated damages, payment disputes, and termination — through negotiation, arbitration, or litigation.
Leasing & Occupier Services
Commercial and residential leasing in Thailand requires careful drafting — a poorly drawn lease can leave a tenant exposed or a landlord unable to enforce basic rights.
- Commercial Leases — Office, retail, industrial and hospitality leases; rent review mechanisms, fit-out contributions, assignment and subletting, break clauses, and reinstatement obligations.
- Long-Term Leases — 30-year registered leases with contractual renewal rights; security of tenure protections and registration at the Land Department.
- Hotel Management Agreements — Operator selection, HMA negotiation, performance tests, termination rights, and owner-operator disputes.
- Landlord-Tenant Disputes — Unpaid rent recovery, wrongful termination, deposit disputes, and unlawful eviction — through negotiation or court proceedings.
Property Disputes
Property disputes in Thailand can be complex, expensive, and slow if not handled correctly from the outset. We act for buyers, sellers, developers, landlords, tenants, and lenders in a wide range of contentious matters:
Speak with Our Real Estate Team
Whether you are buying your first condominium or structuring a major development project, we provide pragmatic legal advice tailored to your situation and objectives.