A condo or apartment can be bought in your own name provided the foreigner allocation rules for the building allow it. If the 49% allocation is available it is the equivalent of freehold property elsewhere in the world. This is the ideal situation for most overseas buyers. Generally speaking Land cannot be acquired by foreigners but in the past various legal channels have been utilized to create 'virtual' ownership. Such as the formation of Limited Companies but the rules have been tightened considerably recently. Leasehold purchase has therefore become more popular.
Most Thai banks require that a foreign citizen have either a work permit or a retirement visa to open a bank account in Thailand. However, certain banks will permit a foreign citizen to open a bank account with a copy of a signed purchase and sale agreement. SPG staff will gladly assist you in establishing a bank account if you invest through SPG
Land Title Deed is the legal certificate of land ownership. This certificate can be used as evidence that one owns the land and property or has the right to use or has used the land. Overall the systems is working fine but we always recommend to use professional land title companies if you are buying bare land anywhere in Thailand.
Forms of Land Title
Ownership of land, possession and use are governed by the land Code BE 2497 (1954), the Land Reform for Agricultural Act BE 2518 (1975), the Civic and Commercial Code and by regulations issued by the Ministry of the Interior.
Land may be acquired by sales, hire-purchase, gift, inheritance or adverse possession. A sale of land must be made by a written document and must be registered by the Land Department Office to be effective.
There are broadly 4 types of Land Title in Thailand, they being Title Deeds (Chanote), Confirmed Certificate of Use (Nor Sor Saam Kor), Certificate of Use (Ngor Sor Saam) and Certificate of Possession (Sor Kor Nung) are common evidence of land ownership, possessory rights and other interests in land.
Chanote (Title Deeds)
Freehold title with the owner able to leave the land unattended. Title deeds are registered at the Land Department in the province in which the land is located, and there is no waiting time required to transfer title. Chanote titles are accurately surveyed, plotted in relation to a national survey grid and also marked by unique numbered marker posts set in the ground. It is the long term goal of the Land Department, that all land in Thailand will be covered under the Chanote title system.
Nor Sor Saam Kor (Confirmed Certificate of Use)
This certifies that the person named on the certificate has the confirmed right to use the land, implying all requirements for the issuance of title deed have been met, and issuance of the title deed is pending. They may be sold, leased, used as mortgage collateral etc. The holder of this certificate cannot leave the land unattended for more than 12 years.
The Chanoted and the Nor. Sor. Sam. Kor. Are the only titles over which registerable right of ownership or lease can exist, and are as such the only ones that a prudent foreigner should consider.
Nor Sor Sam (Certificate of Use)
Similar to the above Confirmed Certificate of Use except that not all of the formalities to certify the right to use have been performed. Before a transfer can be made, a notice of intent must be posted and then 30 days public notice is necessary before any change of status over the land can be registered.
Sor Kor Nung (Certificate of Possession)
This recognises that a person is in possession of land but the Certificate does not imply that there are any rights associated which the possession. It is not transferable, but a person in possession may transfer physical possession and the new possessor may apply for a new Certificate of Possession.
4 square metres (2m x 2m) is 1 square Wah (or Talang Wah)
100 Talang Wah is 1 Ngan (400 square meters)
1 Rai is 4 Ngan (or 400 Talang Wah or 1,600 square metres
As a guide 1 Acre is about 2.5 Rai or in hectares, 1 Ngan equals 1 hectare!
Foreigners must prove that funds came INTO Thailand and must obtain a form confirming the transaction came from overseas (called a tor tor 3). The transfer must specify that the reason for the funds transfer is to purchase xxx condo (the unit number) and the details (include the project name) of the condo project and the senders (your) name.
A condominium is like a flat (apartment) that you can own in common with other owners of units within a building. In this case, each tenant is a shareholder in the building, the facilities and common property. The owners pay a monthly management fee based on the square meter size of their apartment to maintain the building and public areas.
Foreigners may own a condominium freehold; with full rights of ownership.
An apartment is a building owned by a unique owner (personal or in company) who lets out units within the building on a short or long-term basis.
Yes but it not an easy task. We have contacts in this area and we may be able to help, please contact
Email: [email protected]
Office telephone: +66(0) 2 255 2300/1
Mobile phone: +66(0) 81 867 2917
for further information. Just recently (in 2007) it has once again become possible to get bank loans for condo ownership (where the condo is owned as a foreign allocation) but is very difficult otherwise. We can in certain circumstances introduce clients so that they can get bank finance outside Thailand (especially those clients with overseas property already in their portfolio) who can then bring those funds into Thailand to purchase property here.
No, Thai banks will waive the 30% reserve requirement if you submit a copy of the purchase and sale agreement (for a condominium) or long term lease (for land).
Yes it is possible, if you can provide the receipt that you obtained as a “Foreign Exchange Transaction Form” from your bank when you originally brought the funds into Thailand.
Applicable taxes and fees on the transfer of a condominium include (a) transfer tax of 2% of the appraisal value; (b) special business tax of 3.3% of the purchase price or stamp duty of 0.5% of the purchase price (depending upon how long the property has been owned by the seller) and (c) The Land Office charges a registration fee of 1.1% of the lease amount to register a long term land lease as a property right.
Note: the party responsible for payment of taxes is a matter of negotiation between the buyer and the seller. SPG staff will be happy to assist you in negotiating this and other contract terms relating to your investment.)
“Freehold” refers to outright ownership of the land. “Leasehold” refers to Land lease right to the land which is usually valid for a period of 30 years.
Yes of course! You can call on us any time for help. We will assist you all along the way!