Best Real Estate Lawyers in Bueng Kum

About Real Estate Law in Bueng Kum, Thailand

Bueng Kum is a residential district in northeastern Bangkok known for housing estates, townhouses, low to mid-rise condominiums, and small commercial strips. Real estate transactions here follow national Thai property laws, with local administration by the Bangkok Metropolitan Administration and the Bueng Kum District Office. Most land in Bangkok carries full title deed status known as Chanote, which allows precise boundary surveys, registration of transfers, leases, mortgages, and other real rights at the Land Office. Whether you are buying a condominium, leasing a townhouse, renovating a shopfront, or investing in a small development, understanding title, registration procedures, zoning, taxes, and consumer protections is essential.

Why You May Need a Lawyer

A real estate lawyer can help you reduce risk, speed up processes, and prevent costly disputes. Common situations include:

- Conducting title due diligence to confirm the land title type, boundaries, access rights, building permits, and encumbrances such as mortgages, servitudes, or registered leases.

- Structuring foreign ownership legally, such as purchasing a condominium within the foreign quota, using a long-lease, usufruct, or superficies, and avoiding illegal nominee arrangements.

- Reviewing and negotiating contracts for sales, leases, construction, and property management to ensure fair terms, clear milestones, penalties, and compliance with consumer protection rules.

- Navigating taxes and fees on transfers, leases, and ownership, and planning who bears which costs in the contract.

- Handling off-plan purchases, escrow arrangements, and registration at the Land Office, including preparing bilingual documents and coordinating with banks.

- Advising on building control and zoning under Bangkok rules when constructing, adding floors, changing use, or placing signage.

- Resolving disputes over deposits, defects, delays, boundary and nuisance issues, or enforcement of lease terms, using negotiation, mediation, or litigation if needed.

Local Laws Overview

- Land ownership and title: The Land Code and Department of Lands procedures govern land and building registration. Common title types in Bangkok include Chanote, which is the highest grade. Transactions and real rights such as leases over 3 years, usufruct, superficies, servitudes, and mortgages must be registered at the Land Office to be enforceable against third parties.

- Foreign ownership: Foreigners cannot own land in Thailand in their personal names except under narrow approvals. Foreigners can own condominium units in a building up to a 49 percent foreign quota and must bring in funds from overseas in foreign currency for registration. Foreigners can hold real rights such as a lease of up to 30 years, a usufruct, or a superficies registered over the land. Using Thai nominee shareholders to buy land is illegal.

- Condominium law: The Condominium Act sets rules on developer registration, unit ownership, juristic person management, sinking fund and common fees, and meeting procedures. Standard form contracts for off-plan condo sales are regulated by the Contract Committee to protect buyers.

- Leases and residential tenancies: The Civil and Commercial Code governs general lease terms. Leases of more than 3 years must be registered at the Land Office. The Contract Committee Notification on Residential Lease Contracts applies to business landlords with five or more residential units and sets consumer protections such as clear fee disclosure, deposit return timelines, and fair termination and utility billing rules.

- Taxes and fees on property transactions: Key charges include transfer fee, withholding tax, and either specific business tax or stamp duty depending on the holding period and seller type. Lease registration involves an official registration fee and stamp duty based on total rent for the term. Exact rates depend on the transaction and current regulations, so confirm at the Land Office and Revenue Department before signing.

- Ongoing property taxes: The Land and Building Tax Act imposes annual tax on land and buildings, with rates depending on use such as residential, agricultural, or other. The local authority issues assessments and collects payment.

- Building control and zoning: The Building Control Act and the Bangkok Comprehensive Plan set rules on building permits, height limits, floor area ratio, open space ratio, setbacks, parking, and use categories. Certain large developments require environmental review. Renovations that affect structure or use usually need permits from the district office.

- Escrow and project sales: The Escrow Act permits licensed escrow agents to hold buyer funds, commonly used for off-plan projects and risk mitigation. Developers must comply with advertising, contract, and disclosure rules overseen by consumer authorities.

Frequently Asked Questions

Can a foreigner buy a house or land in Bueng Kum?

Generally no for land in a personal name. Foreigners may own a condominium unit within the building’s foreign quota. For houses on land, foreigners typically use a long-lease, a superficies over the house, or other registered real rights. Always avoid nominee shareholder structures as they are illegal.

What title deed should I look for when buying in Bangkok?

Chanote is the preferred title because it has surveyed boundaries and allows full registration of transfers and encumbrances. Your lawyer should check the title history, encumbrances, access, and compliance with planning and building rules at the Land Office and district office.

How do I verify the condominium foreign quota and funds requirement?

The Land Office confirms the foreign quota status during registration. A foreign buyer must remit purchase funds from overseas in foreign currency with proper bank evidence so the Land Office can register ownership. Your lawyer and bank can coordinate the required remittance documents.

What taxes and fees apply when buying or selling?

Typical charges include a transfer fee, withholding tax, and either specific business tax or stamp duty depending on the circumstances. The exact amounts depend on the property’s assessed value, seller type, and holding period. Parties usually negotiate who pays which items in the sale contract. Verify the latest rates at the Land Office and Revenue Department before completion.

Do I need to register my lease?

Leases longer than 3 years must be registered at the Land Office to be enforceable against third parties. Registration involves official fees and stamp duty based on total rent over the term. Shorter leases may not require registration but should still be written and signed with clear terms.

What protections exist for residential tenants?

General lease law applies to all leases. If the landlord is a business that rents five or more units, the Residential Lease Contracts Notification provides extra protections such as limits on unfair fees, clear billing for utilities, timely deposit return, and reasonable termination procedures. Always get a signed inventory and meter readings at move-in and move-out.

How are building permits handled in Bueng Kum?

The Bueng Kum District Office oversees building permit applications under the Building Control Act and Bangkok zoning rules. Structural changes, new construction, change of use, signage, and certain renovations require permits. Your architect or engineer can prepare drawings and calculations, and a lawyer can check compliance with zoning and setbacks.

What is superficies and when is it used?

Superficies is a registered real right that lets a person own a building on land owned by someone else. It is often used when a foreigner leases land but wants legally recognized ownership of the house on that land. It must be registered at the Land Office to be effective.

What happens on transfer day at the Land Office?

Both parties attend with identification, original title deeds, tax documents, and any bank release letters. Officials review documents, calculate taxes and fees, collect payment, and register the transfer or lease on the title. You receive updated title documents and official receipts the same day in most cases.

Is it safe to buy off-plan in Bangkok?

Many reputable developers operate in Bangkok, but risks exist. Use a lawyer to review the standard form sale contract, verify project registration, confirm escrow arrangements if offered, and check developer track record, permits, and environmental approvals. Clarify payment milestones, specification lists, timelines, and remedies for delay.

Additional Resources

- Department of Lands and the relevant Bangkok Land Office for title deed services, registrations, and official fee schedules.

- Bangkok Metropolitan Administration and Bueng Kum District Office for building permits, house registration, and local regulations.

- The Revenue Department for guidance on transfer taxes, withholding tax, and land and building tax obligations.

- The Office of the Consumer Protection Board and the Contract Committee for standard form contracts and residential lease protections.

- The Condominium Juristic Person for building rules, common fee rates, and project documents when buying a condo.

- The Board of Investment and the Industrial Estate Authority of Thailand for specialized cases where foreign land ownership or long-use rights may be available under promotion.

- Lawyers Council of Thailand and local legal aid centers for referrals to qualified property lawyers.

- Professional bodies for architects and engineers for permit drawings, structural checks, and compliance reports.

Next Steps

- Clarify your goal: owner-occupied home, rental investment, or commercial use. Your goal affects the best legal structure and taxes.

- Assemble key documents: passports or Thai ID, marriage certificate if applicable, proof of funds, and for condos any bank remittance evidence in the required form.

- Engage local professionals: retain a licensed lawyer experienced in Bangkok property to conduct due diligence and handle contracts. Appoint an architect or engineer for any construction or renovation plans. If financing, consult your bank early.

- Complete due diligence: verify title, encumbrances, zoning, access, building permits, and condo management rules. Confirm taxes, fees, and the foreign quota if relevant.

- Document the deal clearly: ensure the sale or lease contract sets price, payment timing, handover condition, inclusions, timelines, penalties, tax allocation, and dispute resolution. For leases over 3 years or real rights, plan for Land Office registration.

- Schedule registration: coordinate with the Land Office for transfer or lease registration, bring originals and certified translations if needed, and arrange for interpreters when appropriate.

- Plan aftercare: update house registration if applicable, set up utilities, enroll with the condo juristic person, diarize tax deadlines, and keep all receipts and registered documents safely.

If you need tailored legal assistance, contact a Bangkok property lawyer who can outline options in a first consultation, provide a scope of work and fee estimate, and manage the end-to-end process for your transaction in Bueng Kum.