Best Commercial Real Estate Lawyers in Bueng Kum

About Commercial Real Estate Law in Bueng Kum, Thailand

Commercial real estate in Bueng Kum operates within the national legal framework of Thailand and the administrative procedures of the Bangkok Metropolitan Administration. Bueng Kum is a district on the northeastern side of Bangkok with a mix of community malls, shop-houses, office space, warehouses, and small to mid-size development plots. Transactions typically involve freehold land and buildings held by Thai individuals or companies, long-term lease arrangements for foreign or cross-border investors, and condominium units that can be used for certain business purposes subject to zoning and use approvals. Core rules come from the Civil and Commercial Code, the Land Code, and building and planning laws enforced by Bangkok authorities. Most registrations are handled at a Bangkok Metropolitan Land Office branch with jurisdiction over Bueng Kum, while planning permissions and building permits are processed at the Bueng Kum District Office.

Why You May Need a Lawyer

You may need a lawyer to run title and encumbrance due diligence, verify land documents such as Chanote or Nor Sor titles, and confirm whether the land is free of mortgages, servitudes, or usufructs. Legal counsel is vital for drafting or reviewing sale and purchase agreements, leases, options to renew, and collateral arrangements, and for ensuring the Thai language versions filed with authorities match the parties intentions. A lawyer can confirm land use and zoning under the Bangkok comprehensive plan, secure building permits or change-of-use approvals, and coordinate with engineers on compliance with the Building Control Act and fire and safety rules. Foreign investors often need advice on structuring through Thai companies, compliance with the Foreign Business Act, BOI promotion paths, and what activities require specific licenses. For development projects, counsel can coordinate environmental and planning approvals, review construction contracts, manage tender documents, negotiate with lenders, register mortgages or business security, and advise on tax implications of transfers and leases. In case of disputes such as rent nonpayment, defects, boundary issues, or termination, a lawyer can represent you in mediation, arbitration, or court.

Local Laws Overview

Ownership and title are governed by the Civil and Commercial Code and the Land Code. Land and buildings are transferred at a Land Office with registration of ownership, mortgages, and rights such as servitudes, superficies, and usufruct. Foreigners generally cannot own land, but may own condominium units within the foreign quota and may hold long-term leases. Standard leases of immovable property can be registered for a maximum of 30 years, with a possibility to contract for an additional renewal term. A special regime for commercial and industrial leases allows up to 50 years if the project meets statutory criteria and receives approval from the Ministry of Interior.

Zoning and construction are regulated by the Town and Country Planning Act and the Bangkok comprehensive plan, which designates zones with color codes and sets floor area ratio, height, setback, parking, and use limitations. The Building Control Act requires building permits, change-of-use approvals, and compliance with structural, fire, and accessibility rules. In Bueng Kum, these are administered by the Bueng Kum District Office of the Bangkok Metropolitan Administration, with technical oversight by relevant Bangkok departments. Large projects may be subject to the Building Energy Code and energy efficiency requirements.

Environmental compliance may require an environmental impact assessment for certain categories of projects under the Enhancement and Conservation of National Environmental Quality Act, overseen by the Office of Natural Resources and Environmental Policy and Planning. Industrial facilities may require approvals or factory licenses under the Factory Act, and certain commercial uses such as hotels, restaurants, and entertainment venues require additional operating licenses and health and safety clearances.

Foreign participation in businesses related to real estate operations or services can trigger the Foreign Business Act unless an exemption applies, such as BOI promotion or a treaty exemption. Land acquisition by foreign-controlled companies is restricted, and the use of nominee Thai shareholders is illegal. Lawful structures include long-term leases, superficies, and BOI or industrial estate paths that can allow land ownership for promoted activities in limited circumstances.

Taxes include an annual Land and Building Tax assessed by local authorities based on the official appraised value and property use, with higher rates for commercial uses. On transfers at the Land Office, typical items include a transfer fee, specific business tax and municipal tax or stamp duty, and withholding tax that varies by seller type. Lease registration involves a registration fee based on total rent for the term and stamp duty. Leasing income is subject to income tax, and tenants may be required to withhold tax from rent payments. Mortgages are registered with a fee based on the loan amount plus stamp duty. The precise tax burden depends on the parties status and the facts of the deal, so professional tax advice is recommended.

Security interests can be registered as a mortgage over land and buildings at the Land Office. Movable asset security and enterprise-level collateral can be registered under the Business Security Act with the Department of Business Development. Dispute resolution is available in Thai courts, and arbitration is recognized if agreed by the parties under the Arbitration Act. Official filings and registrations are typically in Thai, and foreign documents may need notarization and legalization before use in Thailand.

Frequently Asked Questions

Can a foreigner buy commercial land in Bueng Kum

Foreign individuals generally cannot own land in Thailand. Common alternatives are to buy a condominium unit within the foreign ownership quota for permissible uses, enter a long-term registered lease, or secure a superficies right to own a building on land owned by a Thai party. Foreign-controlled companies are also restricted from owning land unless a specific exemption applies, such as BOI promotion for certain projects or ownership within an industrial estate. Using nominee Thai shareholders to circumvent the law is illegal.

What title documents should I check before buying

Ask for the latest title deed and check the title type, commonly Chanote for fully surveyed land. Perform a Land Office search for encumbrances such as mortgages, servitudes, usufructs, leases, and cautions. Verify land boundaries and area against the survey and make sure the seller matches the registered owner or has proper corporate authority. Confirm building permits, construction completion certificates, and any change-of-use approvals where relevant.

How long can a commercial lease run and how do I make it enforceable

A standard lease of immovable property can be registered for up to 30 years. The parties can agree on a renewal term, but renewal is a contractual promise and should be carefully drafted. There is a special regime that allows up to 50 years for commercial and industrial leases if the project is approved under the governing law. To be enforceable against third parties, a lease exceeding 3 years must be registered at the Land Office.

What taxes and fees apply when I buy or sell

At the Land Office you should expect a 2 percent transfer fee on the official appraised value, specific business tax and municipal tax totaling 3.3 percent in many cases, or alternatively stamp duty where specific business tax does not apply, plus withholding tax that depends on whether the seller is an individual or a company. The allocation of these costs is negotiable in the sale and purchase agreement. You should obtain a tax calculation based on the exact property, holding period, and parties.

What costs apply to registering a lease

Lease registration typically involves a registration fee calculated at 1 percent of the total rent for the entire lease term and stamp duty around 0.1 percent of total rent. Tenants paying rent in Thailand often must withhold a portion of rent as withholding tax and remit it to the Revenue Department. Confirm current rates and who bears each cost in the lease agreement.

Do I need zoning or planning checks for a shop or office fit out

Yes. Even a modest fit out may require approvals if it changes the building use or affects structural, fire safety, mechanical, or electrical systems. You should confirm the building is permitted for the intended use under Bangkok zoning rules and obtain any required change-of-use approvals and construction permits from the Bueng Kum District Office before starting work.

Is an English contract enough for registration

No. Land Office registrations are in Thai. If you sign an English agreement, provide a bilingual version and ensure the Thai version accurately reflects the agreed terms because the Thai text will control in practice. Foreign documents such as corporate authorizations and powers of attorney may need notarization and Thai legalization before filing.

How do I secure financing against the property

Lenders typically require a mortgage registered at the Land Office over the land and buildings, together with a separate assignment of leases and insurances. The mortgage attracts a registration fee based on the secured amount plus stamp duty. For movable assets and enterprise collateral, security can be registered under the Business Security Act with the Department of Business Development.

What licenses might my business need to operate

Licensing depends on your use. Restaurants and food production require health approvals. Hotels need a hotel license. Entertainment venues and alcohol sales need specific permissions. Warehousing and light manufacturing can require factory or environmental approvals depending on scale. Always pair operating licenses with proper building permits and change-of-use approvals.

How are disputes usually resolved

Many commercial leases and construction contracts include mediation or arbitration clauses. Thailand recognizes arbitration awards under the Arbitration Act. If there is no arbitration agreement, disputes proceed in Thai courts with jurisdiction in Bangkok. Interim relief and eviction actions follow Thai procedural law, and judgments are enforced through court officers.

Additional Resources

Bangkok Metropolitan Administration Bueng Kum District Office handles building permits, change-of-use approvals, signage approvals, local health and safety clearances, and local tax coordination for the district. Contact the district office for application forms and checklists.

Bangkok Metropolitan Land Office branches under the Department of Lands handle title searches, transfers, leases, mortgages, and servitude registrations for properties in Bueng Kum. Confirm which branch has jurisdiction before your appointment and book a cue where required.

Department of Public Works and Town and Country Planning and Bangkok planning departments administer the Bangkok comprehensive plan. They can clarify zoning, floor area ratio, setbacks, and parking rules applicable to a specific plot.

Office of Natural Resources and Environmental Policy and Planning provides guidance on environmental impact assessment thresholds and procedures for qualifying projects.

Department of Business Development manages company registrations and the Business Security registration system for movable and enterprise collateral.

Board of Investment can advise on investment promotion that may offer foreign business benefits, land-use exemptions in specific cases, and visa or work permit facilitation for promoted projects.

Thai Revenue Department provides guidance on income tax, value added tax where applicable, withholding tax on rent, and transaction taxes related to property transfers and leases.

Next Steps

Define your goals and timeline. Decide whether you plan to buy, lease, or develop, the scale of the project, expected rental or operating income, and your financing approach. This will shape the legal and tax structure.

Engage a local lawyer early. Ask for a scope that covers title and encumbrance due diligence, zoning and permit review, tax and fee estimates, contract drafting, and registration support at the Land Office and the Bueng Kum District Office. Ensure your counsel can work in Thai and English and is familiar with Bangkok practice.

Assemble documents. For individuals, prepare identification and proof of address. For companies, prepare corporate affidavits, list of directors, resolutions authorizing the transaction, and specimen signatures. Foreign documents should be notarized and legalized for Thai use in advance.

Run feasibility and compliance checks. Obtain preliminary zoning confirmation, parking and FAR analysis, and if needed environmental screening. Align fit out or construction plans with the Building Control Act and Bangkok regulations before signing binding agreements.

Negotiate key terms and allocate costs. Clarify purchase price, deposit and escrow, conditions precedent, timelines, risk allocation, taxes and fees, and default remedies. For leases, address rent review, maintenance, reinstatement, assignment and sublease, options to renew, and early termination rights.

Plan registrations and handover. Book Land Office and district office appointments, prepare bilingual documents, and coordinate with lenders and consultants. After closing, calendar tax filings, license renewals, and compliance inspections to keep the property and business in good standing.

If you need legal assistance now, consult a Thai commercial real estate lawyer with experience in Bangkok, request an initial document list and a written fee quote, and set a target closing or launch date so your advisor can map the regulatory timeline for Bueng Kum.