Best Conveyancing Lawyers in Phang Nga

About Conveyancing Law in Phang Nga, Thailand

Conveyancing in Thailand covers the legal process of transferring ownership of real property from seller to purchaser. In Phang Nga this work is overseen by the Land Department and local provincial offices, with the Civil and Commercial Code setting out contract rules and remedies. A conveyancing lawyer or attorney in Phang Nga ensures the title is legitimate, the seller has clear ownership, and all statutory requirements are satisfied before registration. Buyers should expect due diligence on title deeds, encumbrances, building permits, and tax obligations as part of a typical transfer process.

Because Thailand restricts land ownership for foreigners, property transactions often involve careful structuring, such as long term leases, condominium ownership, or corporate arrangements. A local solicitor can help you navigate district specific regulations in areas like Takua Pa, Mueang Phang Nga, or Thai Mueang while coordinating with the provincial land office. Accurate translation, negotiation, and registration steps are essential to avoid future disputes or invalid transfers.

Why You May Need a Lawyer

Phang Nga property transactions involve several complex steps and local nuances. Here are concrete scenarios where engaging a conveyancing solicitor is advisable.

• You are buying a villa on land with a Chanote title but suspect the seller is not the registered owner. A lawyer will verify title integrity and uncancelled encumbrances before you sign.
• You plan to purchase land as a foreigner through a Thai company or other structure. A lawyer can advise on compliance with foreign ownership rules and corporate share requirements to reduce risk.
• You are negotiating a long term lease of land for 30 years or more. An attorney can draft an enforceable lease with renewal options and ensure proper lease registration.
• You need to mortgage the property with a local Thai bank. A lawyer coordinates mortgage deeds, lender requirements, and timely registration with the Land Office.
• You are buying a condominium in Phang Nga. A lawyer confirms foreign ownership limits (typically up to 49 percent of total unit space) and ensures unit title and building common property rights are clear.
• You suspect unsettled building permits or zoning issues on a plot. A conveyancing counsel conducts due diligence with the local authority and reviews plan approvals before transfer.

Local Laws Overview

Two core Thai laws frequently referenced in conveyancing matters in Phang Nga are the Land Code and the Condominium Act. These statutes shape ownership rights, transfers, and foreign ownership options within the province.

Land Code B.E. 2497 (1954) governs the rights to land, land registration processes, and transfers. This statute forms the backbone of how property titles are created and updated at the Department of Lands. It is the primary legal framework you will encounter when purchasing land in Phang Nga.

Source: Department of Lands, Thailand - official guidance on land rights and title registration under the Land Code BE 2497. https://www.dol.go.th/en/

Condominium Act B.E. 2522 (1979) regulates the ownership and management of condo units, including limits on foreign ownership. This act is essential for foreigners considering a Phuket or Phang Nga condo project, and it underpins unit titles and the formation of juristic persons for buildings. Amendments over time have adjusted registration procedures and foreign ownership thresholds.

Source: Krisdika - Official acts and royal gazette coverage for condominium law BE 2522. https://www.krisdika.go.th

These laws work in conjunction with the broader Civil and Commercial Code provisions governing contracts, sale agreements, and registration of immovable property. Local practice in Phang Nga may also involve provincial land offices, district offices, and building permit authorities for due diligence and clearance before transfer.

Frequently Asked Questions

What is conveyancing in Phang Nga?

Conveyancing in Phang Nga is the legal process of transferring real property from seller to buyer, including title verification, contract drafting, and registration with the Land Department.

How do I start the conveyancing process in Phang Nga?

Begin with selecting a licensed solicitor, gather identity and title documents, sign a sale and purchase agreement, and conduct due diligence before registration.

What is a Chanote title and why does it matter?

A Chanote is a full title deed that provides the strongest land ownership proof in Thailand, making transfer and encumbrance checks more straightforward.

How long does a property transfer take in Phang Nga?

Typically 1-3 months from contract to registration, depending on title checks, permit statuses, and land office workload.

Do I need a Thai lawyer to buy property in Phang Nga?

While not legally mandatory, a Thai conveyancing attorney helps prevent title issues, ensures compliance, and streamlines registration.

How much does conveyancing cost in Phang Nga?

Costs vary by property value and complexity, but expect legal fees of 1-3 percent of the sale price plus disbursements and taxes.

Can foreigners own land in Phang Nga?

Generally foreigners cannot own land, but options include condominium ownership up to the cap, leaseholds, or corporate structures under Thai law.

Do I need to set up a Thai company to own land?

Foreign ownership of land via a Thai company is possible but requires strict Thai ownership rules and corporate compliance.

What is the difference between Chanote and Nor Sor 4 Jor ownership?

Chanote provides a full title deed; Nor Sor 4 Jor is a government certificate and typically carries more risk of title disputes.

How do I verify a seller’s title in Phang Nga?

A conveyancing attorney will perform title checks with the Department of Lands and review encumbrances, mortgages, and previous transfers.

Is a mortgage needed to buy a property in Phang Nga?

No, but many buyers use financing from Thai banks. A lawyer coordinates the loan agreement and ensures proper lien registration.

What should I know about taxes during the transfer?

Taxes include transfer duties, specific business taxes, and stamp duties. A lawyer can estimate the tax burden and coordinate payments.

Additional Resources

• Department of Lands (DOL) - Responsible for land registration, title deeds, and transfers in Thailand. Website: https://www.dol.go.th/en/
• Krisdika (Office of the Council of State) - Official publication of laws and Royal Gazette acts including the Condominium Act BE 2522. Website: https://www.krisdika.go.th
• Thai Government Legal Portal - Central resource for statutes, notifications, and guidance on property rights and conveyancing. Website: https://www.krisdika.go.th

Next Steps

1. Clarify your property goals in Phang Nga and set a budget for legal fees, due diligence, and taxes. Identify the districts you will consider (eg, Mueang Phang Nga, Takua Pa, Thai Mueang).
2. Identify at least two licensed conveyancing lawyers or attorneys with Phang Nga experience. Request CVs, references, and a sample engagement letter.
3. Prepare documents for due diligence, including passport copies, proof of funds, property details, and any prior title documents. Schedule a preliminary consult.
4. Ask for a detailed fee quotation and a breakdown of disbursements, taxes, and anticipated timelines for title checks and registration.
5. Have the lawyer review or draft the sale and purchase agreement, lease terms if applicable, and the loan agreement if financing. Ensure escrow and title protection are addressed.
6. Complete the due diligence with the Department of Lands and the local land office. Confirm title status, encumbrances, and compliance with building permits.
7. Sign the contract, arrange payment deposits, and file for transfer registration. Track progress with your lawyer and the land office until completion.