Best Commercial Real Estate Lawyers in Bang Khen

About Commercial Real Estate Law in Bang Khen, Thailand

Bang Khen is a northern district of Bangkok with a mix of retail corridors, community malls, warehouses, low to mid rise office buildings, and educational and governmental facilities. Key arteries such as Phahonyothin Road and the BTS Green Line extension have driven new commercial activity and redevelopment opportunities. Commercial real estate transactions and development in Bang Khen are governed by national Thai law applied locally by Bangkok authorities and the Bang Khen branch of the Bangkok Land Office. Investors typically deal with land title verification, leases or strata title in mixed use complexes, zoning and building permits, tax planning, and compliance with use specific licenses.

Thai law distinguishes between ownership of land and buildings. Foreigners are generally not permitted to own land, but they may lease land long term, own buildings in specific circumstances, or own strata units in qualified buildings, subject to strict rules. Most business users in Bang Khen occupy space through registered leases or acquire land and buildings via Thai entities that comply with foreign ownership and business restrictions.

Why You May Need a Lawyer

Commercial leases and acquisitions are high value and document intensive. A lawyer helps you confirm that the seller or landlord truly owns and can convey the rights you expect, drafts terms that protect your business, and navigates the Land Office and city permitting processes. Common situations where counsel is valuable include the following.

- Title and land use due diligence before buying or leasing a site for retail, office, logistics, or mixed use.

- Structuring a 30 year registered lease with renewal mechanics, options to buy buildings, rights to sublease, and protections if the property is sold.

- Reviewing and negotiating shopping center leases, fit out allowances, common area management obligations, signage, parking, and operating covenants.

- Acquiring land or a building through a Thai company while complying with the Foreign Business Act and nominee shareholding restrictions.

- Zoning, environmental, and building control approvals for new construction or change of use, including EIA triggers for larger projects.

- Financing and security documentation, such as mortgages, leasehold mortgages, guarantees, and step in rights for lenders.

- Tax planning for transfer fees, specific business tax, stamp duty, withholding tax, and the annual land and building tax.

- Dispute prevention and resolution for delivery delays, defects, rent abatements, rent review, eviction, and termination. Self help eviction is not permitted in Thailand, so court processes must be followed.

Local Laws Overview

Ownership and title - Land ownership is evidenced by title deeds recorded at the Department of Lands. The strongest form is Chanote title. Other forms exist but may have boundary or upgrade issues. Always conduct a title search at the Bang Khen branch of the Bangkok Land Office to verify title, boundaries, and encumbrances such as mortgages, servitudes, and leases.

Foreign ownership and structures - Foreign individuals and most foreign majority entities cannot own land. Common alternatives are long term registered leases up to 30 years with potential renewal, building ownership via a superficies right, or ownership of strata units where applicable. Foreign controlled companies must comply with the Foreign Business Act. Using Thai nominee shareholders is illegal.

Leases - Leases of immovable property for more than three years must be registered at the Land Office to be enforceable against third parties. The maximum standard lease term is 30 years. Renewal clauses are contractual and may not bind a future owner unless a new lease is registered at renewal. Commercial leases commonly include security deposits, bank guarantees, rent escalation, fit out periods, and service charges.

Transfers and fees - A property transfer at the Land Office typically triggers the following statutory costs based on official assessed value or contract price as applicable. Transfer fee 2 percent. Specific Business Tax 3.3 percent in specific circumstances, generally in lieu of stamp duty. Stamp duty 0.5 percent if SBT does not apply. Withholding tax is collected on transfer, typically 1 percent for corporate sellers and a progressive calculation for individual sellers. For leases, the registration fee is 1 percent of total rent over the term, plus stamp duty of 0.1 percent. Confirm current rates and any temporary relief measures at the Land Office before closing.

Land and Building Tax - The Land and Building Tax Act imposes an annual tax, with higher rates for commercial use than residential use. Owners must file and pay annually to the local authority. Tenants often bear this cost under commercial leases by contract.

Zoning and planning - The Bangkok Comprehensive Plan sets land use zones, plot ratios, heights, setbacks, and parking. Bang Khen contains mixed residential, commercial, and institutional zones along transit corridors. Confirm the zone, permitted uses, floor area ratio, and any special controls for your parcel before committing to a site or change of use.

Building control - The Building Control Act and Bangkok Metropolitan Administration regulations require permits for new construction, major renovation, change of use, signage, and fire safety systems. Certain uses such as restaurants, warehouses, hotels, or factories require additional licenses. Do not open for business until all permits and licenses are issued.

Environmental and infrastructure - Certain large projects or specific categories can trigger Environmental Impact Assessment requirements. Flood resilience and drainage are practical considerations in northern Bangkok. Easements and servitudes for access, drainage, or utilities should be checked and registered if necessary.

Strata property and commercial condos - Strata office or mixed use buildings may be governed by a juristic person with bylaws and common area obligations. Review the regulations, management budget, sinking fund, and use restrictions before purchasing or leasing space. Foreign ownership quotas may apply to condominium type structures.

Dispute resolution and governing law - Real property rights in Thailand are governed by Thai law and adjudicated by Thai courts. Contracts can adopt arbitration for certain disputes, but rights in rem are handled by Thai authorities and courts. Bilingual contracts are common, and Land Office documents must be in Thai.

Frequently Asked Questions

Can a foreign company own commercial land in Bang Khen

Generally no. Foreigners and foreign majority companies cannot own land. Alternatives include a long term registered lease up to 30 years, a superficies right to own buildings on leased land, or ownership of strata units where allowed. Certain BOI or industrial estate projects may have specific privileges, but these are narrowly defined.

What is the safest form of land title to buy

Chanote is the strongest title, with surveyed boundaries and full registration at the Land Office. Titles such as Nor Sor 3 or Nor Sor 3 Gor may be upgradeable but require extra care. Always conduct an official title search and site survey.

How long can a commercial lease be in Thailand

Up to 30 years per lease. Any lease over three years must be registered to bind third parties. Renewal options are contractual and typically require executing and registering a new lease when the term ends.

What taxes and fees apply when buying commercial property

Expect a 2 percent transfer fee. Either specific business tax at 3.3 percent or stamp duty at 0.5 percent will apply depending on the seller and holding period. Withholding tax is collected on transfer. Parties can negotiate who pays which item, but statutory liabilities still apply at registration.

What costs apply to registering a commercial lease

The lease registration fee is typically 1 percent of the total rent over the term, plus 0.1 percent stamp duty. Additional administrative fees may apply. Budget for translation, legal, and agent fees as well.

Do I need a building permit to refit a shop or office

Minor interior works may proceed under notification, but structural changes, change of use, façade works, signage, and major MEP changes usually require permits under the Building Control Act and BMA rules. Always check with the district office before starting work.

Can I sublease or assign my lease to another tenant

Only if the lease allows it and with the landlord’s written consent. Subleases and assignments often must be registered to be enforceable against third parties.

How do I verify that a site is zoned for my intended use

Obtain a zoning confirmation based on the Bangkok Comprehensive Plan and consult the district office of the BMA. Review permitted uses, floor area ratio, setbacks, parking, and any special controls. A local architect or lawyer can assist.

What is the process to close a property purchase at the Land Office

After due diligence and contract signing, the parties schedule registration at the Bang Khen branch Land Office. On the day, the clerk reviews identities, corporate authorities, tax clearances, and the signed transfer instrument. Statutory taxes and fees are paid and the new title is issued the same day if documents are complete.

How are disputes over nonpayment of rent handled

The landlord typically issues a default notice per the lease. If unpaid, the landlord files a claim in court to terminate the lease and seek eviction and damages. Self help lockouts are not permitted. Courts can order eviction and enforcement through legal officers.

Additional Resources

Bangkok Land Office - Bang Khen Branch - for title searches, transfers, and lease registrations.

Department of Lands - for national regulations, title formats, and registration procedures.

Bangkok Metropolitan Administration - Department of Public Works and Town and Country Planning - for zoning confirmations, building permits, and inspections.

Bang Khen District Office - for local administrative coordination and certain permits.

Office of Natural Resources and Environmental Policy and Planning - for EIA requirements and approvals.

Thailand Board of Investment - for investment promotion benefits that may affect foreign ownership and business activities.

Revenue Department - for guidance on transfer taxes, withholding tax, VAT, and land and building tax compliance.

Department of Business Development - for company registration, corporate filings, and documents needed to sign property transactions.

Thai Industrial Estate Authority - for projects located in or near industrial estates with special rules.

Thai Arbitration Institute and Thai Courts of Justice - for dispute resolution options.

Next Steps

- Define your business objectives, space needs, parking, power, signage, and timing. Create a shortlist of sites in Bang Khen that meet zoning and access requirements.

- Retain a local commercial real estate lawyer and, as needed, an architect and engineer. Ask for a due diligence and permitting roadmap with clear timelines and costs.

- Conduct legal due diligence. Order an official title search, plan and boundary check, encumbrance review, litigation search on the owner, and verification of zoning, access, utilities, and servitudes.

- Structure the deal. Decide between freehold acquisition via a compliant Thai entity or leasehold. If leasing, determine term, rent structure, fit out period, escalation, renewal rights, sublease rights, and step in rights for lenders.

- Negotiate and document. Use bilingual agreements where appropriate. Ensure corporate approvals, powers of attorney, and board resolutions are prepared. Align conditions precedent such as permits, financing, and landlord works.

- Plan taxes and fees. Confirm transfer fees, specific business tax or stamp duty, withholding tax, and annual land and building tax allocation in the contract. Obtain any needed tax clearances.

- Secure permits and licenses. Apply for building permits, change of use, signage, and any sector specific licenses such as food and beverage, warehouse, hotel, or factory as needed.

- Close and register. Attend the Bang Khen Land Office for registration of transfer or lease. Pay statutory fees and collect updated title or lease annotations. Keep certified copies in your records.

- Deliver and fit out. Coordinate handover, inspection, and punch lists. Obtain completion inspections and approvals prior to opening.

- Monitor compliance. Calendar rent reviews, renewal windows, insurance obligations, and annual land and building tax filings to avoid penalties.