ทนายความ อสังหาริมทรัพย์ ที่ดีที่สุดใน กรุงเทพมหานคร

1. About อสังหาริมทรัพย์ Law in Bangkok, Thailand

Bangkok real estate law governs ownership rights, transfers, leases and disputes within the city. The core frameworks are the Land Code for land, the Condominium Act for unit ownership in buildings, and the Civil and Commercial Code for contracts and property transfers. All property transactions in Bangkok must follow these rules and be registered with the Department of Lands.

Foreign ownership is tightly regulated in Bangkok. Foreigners cannot own land, but they may own condominium units in a building up to 49 percent of the total units. Long‑term leases and structured arrangements are commonly used to access land interests, subject to strict compliance and due diligence.

Source: Department of Lands explains land registration and ownership rights under the Land Code BE 2497 (1954) as amended, with enforcement by Bangkok Land Office. See dol.go.th for official guidance.

2. Why You May Need a Lawyer

• Buying a condo or house in Bangkok as a foreigner involves complex ownership limits, title checks and corporate structures to ensure compliance with the Condominium Act and Land Code.
• Encountering title issues or encumbrances such as liens, mortgages, or disputed boundaries requires professional due diligence and corrective filings with the land office.
• Drafting or negotiating a sale and purchase agreement for Bangkok properties, including conditional terms, deposits and risk allocation, benefits from legal review to avoid future disputes.
• Leasehold arrangements for Bangkok properties including commercial or residential leases that may run for decades and involve renewal options and rent reviews.
• Disputes with developers or juristic persons in condo projects such as common property management, budget transparency, or resale restrictions on units.
• Estate planning or succession of Bangkok property where title transfer and inheritance rules require careful handling to preserve rights and avoid tax issues.

3. Local Laws Overview

The following laws commonly govern real estate activities in Bangkok and are frequently amended to reflect market practice and compliance requirements.

• Land Code BE 2497 (1954) and amendments - governs land ownership, registration, and titles. Used to determine whether a land parcel may be transferred to a buyer and under what conditions.
• Condominium Act BE 2522 (1979) and amendments - governs freehold condo ownership, unit transfers, and juristic person management for buildings with common property. It sets unit ownership limits for foreigners and transfer procedures.
• Civil and Commercial Code on Property (Book III) - provides the framework for sale contracts, transfer of ownership, mortgages and guarantees related to real estate transactions.

Recent trends and practical implications: Bangkok property transactions have increasingly integrated digital processes for registrations and compliance, while banks and regulators emphasize anti money laundering controls in real estate dealings. This impacts how buyers and sellers prepare funds, verify sources, and document transfers.

Source: Department of Lands provides guidance on land registration and property transfers; Bank of Thailand publishes AML / CFT guidelines affecting real estate financing and transactions. See dol.go.th and bot.or.th for official content.

4. Frequently Asked Questions

Below are common questions about real estate law in Bangkok. Each question is followed by a concise answer to help you understand the basics before speaking with a lawyer.

What is the basic process to transfer property ownership in Bangkok?

The process starts with due diligence and title search, then signing a sale and purchase agreement, followed by registration at the Department of Lands. The transfer is completed when the title is updated in the buyer's name and the deed is recorded.

How much does it cost to hire a real estate lawyer in Bangkok?

Legal fees vary by transaction size and service scope. Expect a retainer range from 20,000 to 150,000 baht for due diligence, contract review, and registration support, plus government filing fees.

Do I need a Thai lawyer if I am a foreign buyer?

Yes. A Thai lawyer can manage title searches, ensure compliance with the Condominium Act and Land Code, and communicate with Thai authorities in your language and time frame.

What is the difference between freehold ownership and leasehold in Bangkok?

Freehold ownership applies to condo units under the Condominium Act; foreigners may own up to 49 percent of units. Land cannot be owned by foreigners. Leaseholds offer long term use of land or property, often with renewal options, but not ownership in fee simple.

How long does a Bangkok property transfer take?

Owner transfers typically take 4 to 8 weeks from due diligence to registration, depending on title status, tax clearance and the speed of the land office.

Do I need to verify the property’s title before buying?

Yes. A title search or title certification by a qualified real estate lawyer helps uncover encumbrances, liens, or unresolved disputes that could affect your rights.

Can foreigners buy condominium units in Bangkok?

Foreigners can own condo units under the Condominium Act BE 2522 up to 49 percent of total units in a building, subject to documentation and source of funds checks.

Should I obtain a power of attorney for the purchase?

A power of attorney can expedite the process if you cannot attend in person, but it must be drafted carefully to authorize specific steps and be duly notarized and legalized for use in Thailand.

Do I need to register a sale at the Department of Lands?

Yes. Registration at the Department of Lands is mandatory to transfer ownership and ensure the title reflects the new owner, with appropriate stamps and taxes paid.

Is the condo management company responsible for disclosures and budgets?

Yes. Condo juristic persons manage common property, publish budgets and reserve funds, and must comply with regulatory requirements and meeting minutes for transparency.

What if the seller misrepresents a property’s condition?

You may have grounds for rescission or damages under the Civil and Commercial Code, but proof of misrepresentation and the resulting loss is required in court or arbitration.

Do I need to worry about anti money laundering rules in Bangkok real estate?

Yes. Real estate transactions must comply with AML/CFT rules, including identifying the source of funds and reporting suspicious activity to the authorities.

5. Additional Resources

These official sources provide authoritative information or services related to real estate in Bangkok.

• Department of Lands (กรมที่ดิน) - Handles land registration, title deeds, and related transactions; official site provides guidance and contact details for land offices across Bangkok. https://www.dol.go.th
• Bank of Thailand - Publishes AML / CFT guidelines and information about real estate financing and consumer protections in banking and property purchases. https://www.bot.or.th
• Bangkok Metropolitan Administration - Oversees city level regulations, building permits, zoning considerations and local enforcement affecting real estate development in Bangkok. https://www.bangkok.go.th

6. Next Steps

1. Define your objective and budget clearly, including whether you seek freehold condo, land access via leasehold, or a commercial Bangkok property. This clarifies the required due diligence and documents.
2. Gather property details and perform an initial title check by requesting the title deed, encumbrance certificates, and building or unit registration documents from the seller or agent.
3. Identify 3-5 Bangkok real estate lawyers or firms with experience in land and condo transactions and foreign ownership issues. Compare scope and fee structures.
4. Schedule consultations and obtain written proposals detailing scope, timelines, and fees. Ask about due diligence, contract review, and registration support.
5. Engage a lawyer with a fixed fee or clear retainer plan and sign a written engagement letter. Confirm responsibility for title search, contract drafting and registration.
6. Complete due diligence and draft review within 1-2 weeks after engagement. Ensure title status, encumbrances, and HOA/ juristic person documents are verified.
7. Coordinate transfer and registration at the Department of Lands with your lawyer. Expect 4-8 weeks from contract signing, depending on title status and local processing times.