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- Property in Phuket
- Thank you for your question - my name is Dave Lind, Director-Client Services at GPS-Legal. GPS has extensive experience in property matters in Thailand. In terms of what you should do, if you have exhausted your ability to rectify this situation on your own, you may want to consider engaging an experienced law firm - we would be happy to represent you. Typically, the next steps would include: 1. A legal review the contract2. Seek out the developer (GPS has many professional contacts in Phuket)3. Issue a demand letter4. Proceed to courtIf you wish further information and would like to engage our services, please contact me directly to arrange a consultation.
About Housing, Construction & Development Law in Thawi Watthana, Thailand
Thawi Watthana is a low to medium density district on the western side of Bangkok. Development here ranges from single houses and low-rise estates to community malls, warehouses and agricultural-related facilities. Projects in Thawi Watthana are governed by national Thai laws together with Bangkok Metropolitan Administration regulations and the Bangkok comprehensive plan. The district office plays a frontline role in building permits and local enforcement, while specialized authorities handle land titles, environmental review and professional licensing.
If you plan to buy land, build a home, develop a housing estate, convert agricultural land to residential use, purchase a condominium unit or renovate an existing structure, you will deal with a framework that includes land law, planning and zoning, building control, condominium and housing estate regulations, environmental requirements, tax and transfer rules and construction contract law. Understanding how these pieces fit together in Thawi Watthana helps you avoid delays, fines and costly disputes.
Why You May Need a Lawyer
Property transactions and construction carry legal and financial risks. A lawyer can review title history, confirm the exact boundaries and ensure there are no mortgages, servitudes or building violations recorded against the land. For foreigners, a lawyer explains ownership restrictions and helps structure lawful leasehold, usufruct or superficies rights.
During design and permitting, counsel coordinates with your architect and engineer to make sure drawings meet Bangkok planning and Building Control Act requirements. For housing estates and condominiums, a lawyer prepares compliant contracts, manages licensing and filings and protects your position on deposits, delivery timelines and defect remedies.
In construction, a lawyer drafts or negotiates the construction contract, sets clear scope, milestones, retention, variations and liquidated damages and aligns these with Thai Civil and Commercial Code warranties. If disputes arise over delay, defects, nonpayment or neighbor nuisances, counsel helps with evidence, negotiation, mediation, arbitration or court proceedings.
For developers, legal support covers land allocation licensing, environmental impact assessment triggers, public utility handover obligations, consumer protection exposure and compliance with advertising and pre-sales rules. For community and homeowner groups, a lawyer advises on juristic person governance, by-laws and enforcement.
Local Laws Overview
Land ownership and title. Land rights are recorded at the Land Department and reflected on the title deed. In Bangkok you will commonly see full title deeds called chanote. Transactions are registered at a Bangkok Land Office branch. Foreigners generally cannot own land freehold under the Land Code unless they qualify under limited exceptions. Long-term registered leases up to 30 years, usufruct or superficies can secure use rights. Condominiums can be owned freehold by foreigners within the foreign ownership quota and with proper foreign currency remittance documentation.
Planning and zoning. The Bangkok comprehensive plan designates zones that control land use intensity, building height, floor area ratio and open space. Much of Thawi Watthana is lower density residential and agricultural, with protections for waterways and floodways. Before purchasing or designing, confirm the color zone, permissible uses and any special controls on your specific plot. Setbacks from boundaries, roads and canals, parking ratios and green area minima may apply.
Building control and permits. The Building Control Act requires a permit before constructing, modifying or changing the use of most buildings. Applications are filed at the Thawi Watthana District Office with drawings signed by licensed professionals and with ownership or consent documents. Certain large or complex buildings are subject to additional review, fire safety standards and inspections. Work near canals, rights-of-way or high voltage lines may need extra approvals.
Housing estates and land allocation. The Land Allocation Act requires a license for subdividing land for housing estates beyond specified thresholds. Developers must provide roads, drainage, electricity, water and public areas and arrange for juristic person management or transfer of public facilities as required by the license conditions. Sales contracts must meet consumer protection standards.
Condominiums. The Condominium Act governs project registration, foreign ownership quotas, common property, management by the condominium juristic person and the requirement for a sinking fund and common fees. Developers must deliver units and common property per approved plans and are responsible for rectifying defects within statutory and contractual periods.
Environmental rules. The Enhancement and Conservation of National Environmental Quality Act sets out environmental impact assessment requirements for certain project types and sizes. Large residential developments and condominiums that exceed specified floor area or unit thresholds may require an EIA before a building permit is issued. Projects must also comply with wastewater, noise and dust control rules during construction.
Taxes and transfer fees. Transactions at the Land Office involve a transfer fee, stamp duty or specific business tax as applicable and withholding tax. Ongoing property holding is subject to the Land and Building Tax Act with rates depending on the use category and assessed value. Condominiums also collect common fees and a sinking fund for long-term maintenance.
Construction contracts and liability. The Thai Civil and Commercial Code governs hire of work contracts. Contractors and designers must deliver work in accordance with the contract and professional standards. Defects that appear within a defined period after delivery can be claimed, and for buildings or other permanent works Thai law imposes a long structural liability period for ruin due to defective construction or design. Contracts typically include retention, variation procedures, delay damages and dispute resolution clauses.
Professional licensing and safety. Architects and engineers must be licensed in Thailand to sign drawings and supervise certain works. Construction sites must follow occupational safety regulations, including scaffolding, electrical safety and worker protections. Using licensed professionals reduces permit risk and liability.
Dispute resolution. Construction and property disputes can be brought in Thai courts, and many contracts provide for arbitration through Thai Arbitration Institute or Thailand Arbitration Center. Consumer cases related to housing can proceed under streamlined procedures that reduce court fees and allow broader evidence.
Public works and expropriation. Public infrastructure projects are active across Bangkok. If your land is affected by road widening, utility corridors or rail projects, compensation and procedures are governed by the Expropriation of Immovable Property Act. Engage early to protect valuation and relocation rights.
Frequently Asked Questions
Can a foreigner buy a house in Thawi Watthana?
A foreigner can own a condominium unit within the foreign quota and with funds remitted from abroad. Freehold land ownership by foreigners is highly restricted. Common lawful options include buying a condo, taking a long-term registered lease of land up to 30 years, registering a usufruct or superficies to own the house separate from the land or investing under a specific promoted scheme that permits limited land ownership. Always avoid nominee structures that breach the Land Code.
How long does it take to get a building permit for a house?
For a compliant single house with complete drawings and documents, the Building Control Act provides indicative timelines that are often around 45 working days. Time can extend if your site is in a sensitive area or if additional approvals are needed. Early pre-application checks with the District Office and revising drawings to meet comments can prevent delays.
Do I need an environmental impact assessment for a residential project?
Small single houses do not require an EIA. Large developments can trigger EIA, for example condominium projects over specified total floor area or large-scale housing estates above certain thresholds. Because thresholds and criteria are set by ministerial notifications, ask your designer and legal adviser to screen your project early and coordinate with the environmental authority before you lodge a building permit.
What are common taxes and fees when I buy property?
At transfer you can expect a transfer fee, stamp duty or specific business tax depending on the seller and holding period and withholding tax. For condos there is also a one-time sinking fund contribution and ongoing monthly common area fees. After purchase, the Land and Building Tax applies annually based on use and appraised value. A lawyer can estimate these items before you sign.
What construction warranties apply in Thailand?
Contractual defect liability periods are commonly one to two years for non-structural items. Under the Civil and Commercial Code, if a building or other permanent work suffers ruin due to defective construction or design, the contractor and designer can have long-term liability. Keep all handover records and timely notify defects in writing to preserve your rights.
Who is responsible for neighbors if my construction causes damage?
You and your contractor must avoid causing unlawful nuisance or damage to adjoining properties. If excavation, vibration or runoff harms a neighbor, you may be liable to repair and compensate. Good practice includes pre-construction surveys, protective works, insurance and compliance with noise and dust controls. Obtain written permission if you need temporary access to a neighbor’s land.
Can I convert agricultural land to residential use in Thawi Watthana?
Conversion depends on zoning under the Bangkok comprehensive plan and any specific restrictions on your plot. If residential use is permitted, you can apply for building permits consistent with the zone’s density and height limits. For subdivisions beyond thresholds, a land allocation license is needed and you must provide infrastructure. Always confirm the zone and any special area controls before purchasing.
Do contractors need licenses in Bangkok?
There is no universal contractor license for all private projects, but your architect and engineer must be licensed to design and sign drawings and to supervise certain works. Specialized systems such as elevators, fire safety or electrical installations have their own standards and may require certified installers. For public works and large private projects, contractor registrations may be required by the employer.
What documents do I need to apply for a building permit?
Typical submissions include the application form, proof of land ownership or consent, site plan, architectural, structural, electrical and sanitary drawings signed by licensed professionals, professional licenses, calculations where required and any additional approvals for special locations. The District Office can advise on the exact checklist for your building class.
How are disputes with developers or contractors resolved?
Start by reviewing your contract and giving formal notice of breach. Many disputes settle through negotiation or mediation. Contracts often require arbitration at a named institution. If court is needed, Thai courts will hear property and construction claims, and consumer housing claims can use streamlined procedures. Evidence such as photos, site meeting minutes, expert reports and payment records is critical, so keep thorough records from day one.
Additional Resources
Thawi Watthana District Office. Frontline authority for building permits, inspections and certain local control matters. Staff can guide you on application forms, document checklists and status tracking.
Bangkok Metropolitan Administration Department of Public Works. Issues technical standards, supervises building control across Bangkok and coordinates with district offices on approvals and enforcement.
Department of Lands and Bangkok Land Office branches. Handle title verification, registrations of transfers, leases, usufructs, mortgages and servitudes. Their officers calculate and collect transfer taxes and fees.
Department of Public Works and Town and Country Planning. Oversees city planning, including the Bangkok comprehensive plan and zoning maps used to assess what can be built on a plot.
Office of Natural Resources and Environmental Policy and Planning. Manages environmental impact assessment procedures for projects that trigger EIA thresholds.
Architects Council of Thailand and Council of Engineers. Regulate professional licensing and ethical standards for architects and engineers who must sign construction drawings and supervise works.
Thailand Arbitration Center and Thai Arbitration Institute. Provide arbitration services commonly used to resolve construction disputes efficiently compared to court.
Next Steps
Define your goal clearly. Decide whether you plan to buy, build, renovate, subdivide or develop a condominium or housing estate. This clarifies which approvals and laws apply.
Verify the land. Obtain a copy of the title deed and an official map extract. Have a lawyer conduct due diligence on title history, encumbrances, access rights, zoning, flood risks and any recorded building or environmental orders.
Assemble your team. Engage a licensed architect and structural engineer familiar with Bangkok standards. Retain a lawyer experienced in housing and construction to coordinate with your design team and to prepare or review contracts.
Plan compliance early. Confirm zoning, setbacks, height and parking before finalizing design. If your project could trigger an environmental review or land allocation license, schedule the necessary studies and consultations at the outset.
Document the deal. Use clear contracts for land purchases, design services and construction. Define scope, price, timelines, payment milestones, variations, warranties, insurance and dispute resolution. Ensure foreign buyers have proper fund remittance records and, for leases, that registrations are recorded at the Land Office.
Apply for approvals. File complete permit applications with signed drawings and required supporting documents at the Thawi Watthana District Office. Respond promptly to any technical comments to keep the timeline on track.
Manage construction lawfully. Post permits on site, follow safety and environmental controls, record site meetings and changes and obtain inspections and completion certificates as required. Keep all records for warranty and handover.
Protect your rights after completion. Conduct detailed inspections at delivery, list defects and notify within the applicable periods. For condominiums and housing estates, participate in the juristic person and ensure proper management of common property and funds.
This guide is general information. Laws and procedures can change and specific plots may have unique constraints. Consult a qualified Thai lawyer before you commit to any transaction or construction in Thawi Watthana.
Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.