Property Title Transfer in Thailand

Transferring property ownership in Thailand is a legal process that requires compliance with government regulations, payment of taxes and fees, and the submission of required documents. Whether you are a buyer, seller, or investor, understanding the property title transfer process is crucial to ensuring a smooth and legally secure transaction.

This guide covers the steps, legal requirements, taxes, and fees involved in property title transfer in Thailand.

1. What is a Property Title Transfer?

A property title transfer is the legal process of transferring ownership rights from a seller to a buyer. This transaction must be registered at the Land Office to be legally binding.

Why is a Title Transfer Important?

Confirms Legal Ownership – Ensures that the buyer becomes the rightful owner.
Prevents Fraud and Disputes – Avoids fake title deeds and illegal sales.
Registers the New Owner – Ensures the buyer’s name appears on the official land title.
Necessary for Resale or Future Transactions – The registered title is needed for selling or mortgaging the property.

Without proper title transfer, the buyer does not legally own the property and may face legal issues in the future.

2. Types of Property Titles in Thailand

Before transferring property ownership, it is essential to understand the different types of land title deeds in Thailand.

Title Deed Ownership Rights Transferable? Best for Buyers?
Chanote (Nor Sor 4 Jor) Full Ownership ✅ Yes ✅ Best Option
Nor Sor 3 Gor Recognized Ownership ✅ Yes ✅ Can Upgrade to Chanote
Nor Sor 3 Limited Ownership ✅ Yes ⚠ Requires 30-Day Notice
Sor Kor 1, Por Bor Tor 5 No Legal Ownership ❌ No ❌ Avoid

Chanote is the most secure title and is recommended for property purchases.
Nor Sor 3 Gor can be upgraded to Chanote, making it a good option.
Avoid titles with limited rights or unclear ownership.

3. Legal Requirements for Title Transfer

Who Can Own Property in Thailand?

Thai Citizens – Can own land, houses, and condominiums.
Foreigners – Cannot own land but can own condos (up to 49% of a project) or lease land for 30 years.
Thai Companies – Foreigners can invest in a Thai company that owns land, but nominee structures are illegal.
Married Foreigners – A foreigner married to a Thai national can buy land in the spouse’s name but must waive ownership rights.

Foreign buyers must ensure they comply with legal ownership restrictions before proceeding with a title transfer.

4. Step-by-Step Process for Property Title Transfer

Step 1: Verify the Title Deed and Ownership

✔ Check the title deed at the Land Office to ensure it is authentic and matches the seller’s details.
✔ Confirm that the property is free from mortgages, liens, or legal disputes.

Step 2: Prepare Required Documents

For Individuals:

  • Seller’s Thai ID card or passport
  • Buyer’s Thai ID card or passport
  • Title deed (Chanote)
  • House registration book (Tabien Baan)
  • Sales and Purchase Agreement
  • Tax receipts and fee payment records

For Companies:

  • Business Registration Certificate
  • Company affidavit
  • Shareholder list
  • Board resolution approving the sale

For Foreign Buyers:

  • Foreign Exchange Transaction Form (FET) (if buying a condo using foreign funds)
  • Thai spouse’s consent letter (if applicable)

Step 3: Pay Taxes and Fees at the Land Office

✔ Both parties must visit the local Land Department Office to complete the title transfer.
✔ The buyer and seller must settle all applicable taxes and fees before the transfer is finalized.

Step 4: Register the Title Transfer

✔ The Land Office officer will process the transfer, update the title deed, and register the new owner.
✔ The buyer receives the updated title deed with their name legally recorded as the new owner.

5. Taxes and Fees in Title Transfer

Tax/Fee Rate Who Pays?
Transfer Fee 2% of property value Buyer
Stamp Duty 0.5% (if exempt from SBT) Seller
Withholding Tax 1% (company) or progressive rate (individuals) Seller
Specific Business Tax (SBT) 3.3% (if sold within 5 years) Seller
Lease Registration Fee 1% (for leasehold properties) Buyer

✔ Taxes are paid at the Land Office during the transfer process.
✔ Sellers and buyers should clarify who will cover each fee in the Sales and Purchase Agreement.

6. Common Risks and How to Avoid Them

🚨 Fake or Forged Title Deeds – Always verify at the Land Department.
🚨 Outstanding Debts on Property – Check for unpaid mortgages, loans, or utility bills.
🚨 Foreign Ownership Restrictions – Ensure compliance with Thai laws on foreign property ownership.
🚨 Unregistered Land Sales – Transactions must be legally recorded at the Land Office.
🚨 Hidden Transfer Costs – Clarify all taxes and fees in advance.

💡 Tip: Hire a real estate lawyer to conduct due diligence and ensure a legally secure transaction.

7. Special Considerations for Foreign Buyers

Foreigners must be aware of ownership restrictions and alternative property acquisition methods.

Buying a Condominium

  • Foreigners can own up to 49% of the total area of a condo project.
  • Funds for purchase must be transferred from abroad and documented with a Foreign Exchange Transaction Form (FET).

Leasehold Agreements

  • Foreigners can lease land for up to 30 years (renewable).
  • Lease contracts must be registered at the Land Office.

Thai Company Ownership

  • Foreigners can invest in a Thai company that owns land.
  • However, nominee structures are illegal and can lead to legal consequences.

Marriage to a Thai Citizen

  • A foreigner married to a Thai spouse can buy land in the spouse’s name.
  • A legal document must be signed waiving ownership rights.

8. Best Practices for Secure Title Transfer

Conduct Title Due Diligence – Verify the property’s legal status.
Hire a Lawyer – Ensure compliance with Thai property laws.
Clarify Payment Responsibilities – Specify who pays taxes and fees.
Use Secure Payment Methods – Avoid cash transactions.
Register the Transfer at the Land Office – Ensure the transaction is legally recorded.

9. Conclusion

Property title transfer in Thailand is a structured legal process that requires careful planning, proper documentation, and compliance with Thai property laws. Whether you are a Thai national or a foreign investor, understanding the transfer process, legal requirements, and tax implications is crucial for a smooth and legally binding transaction.

By conducting due diligence, verifying title deeds, and ensuring proper registration, buyers can protect their investments and secure legal ownership of their property in Thailand.

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