
Buyer guide · Updated October 2026
Property Due Diligence in Thailand
Everything that should be checked before you pay a deposit on a condo, villa or plot in Phuket — the title deed at the Land Office, the seller, the permits, the access road, the condo’s finances and the developer — with a stage-by-stage checklist, typical lawyer fees and the red flags that should stop a purchase.
Reading the contract before a purchase
TL;DR
What does property due diligence in Thailand involve?
Before any deposit, an independent Thai lawyer checks the title deed and its encumbrances at the Land Office, the seller’s identity and authority, building permits, zoning and legal access, and for condos the juristic person’s debt-free letter and foreign quota. In 2026 it typically costs ฿20,000–80,000 and takes one to four weeks.
Legal points reflect the Land Code, the Condominium Act B.E. 2522 (as amended) and the Civil and Commercial Code as applied by Thai Land Offices in October 2026. Lawyer fees and timings are ranges published by Thai law firms in 2025–2026 and what we see on Phuket transactions; they are not quotes. We review this guide at least every six months.
- typical independent lawyer fee
- ฿20–80k
- typical review time, condo to villa
- 1–4 weeks
- maximum foreign share of a condo’s unit area
- 49%
- maximum term of a registered lease
- 30 years
Thailand’s land registry is reliable for what it records — who owns a plot and what is registered against it — but it does not tell you whether the house was built with a permit, whether the road to it is legally yours to use, or whether a condo building has foreign quota left. Title insurance is rarely used here, so these checks are your protection. The sections below follow the order in which a good lawyer works, then give a printable checklist per stage and the red flags that should make you walk away.
Title deed
How do you check a title deed at the Land Office?
Your lawyer obtains a certified copy of both sides of the deed from the Land Office branch that holds it, then checks the owner’s name, the plot number, the area and the registration list on the back, which records every sale, mortgage, lease, servitude, usufruct and court seizure. A Chanote (Nor Sor 4 Jor) is the title to insist on.
| Entry on the deed | What it means | What to require before transfer |
|---|---|---|
| Mortgage (jamnong) | The plot or unit secures a loan, usually with a bank | Written payoff figure from the lender and release registered on transfer day |
| Lease (chao) | A registered lease of over three years binds any new owner | Copy of the lease; decide whether you buy subject to it or the tenant leaves |
| Servitude (phan ja yom) | A right of way or utilities passage over or for the plot (CCC s.1387) | Check whether the plot benefits from it (good) or carries it (a burden) |
| Usufruct / habitation | Someone else may live on or use the property, often for life | Cancellation registered, or a price that reflects the right |
| Superficies | Buildings on the land may belong to someone else | Clarify who owns the house before you agree a price |
| Seizure or attachment order (a-yat) | A court or authority has frozen the property | Stop: no transfer until the order is lifted in writing |
In Phuket the deed is held by the provincial Land Office in Phuket Town or by its Thalang or Kathu branch, depending on the plot. Since the Personal Data Protection Act, Land Offices usually release a certified copy only to the owner or someone holding the owner’s signed authorisation, so ask the seller for a power of attorney for the search at reservation stage. The Department of Lands’ LandsMaps app shows the plot’s location, shape and official appraised value, which is useful for spotting a deed that does not match the land you visited.
Then check the land on the ground. The boundary markers numbered on a Chanote should exist; if they are missing or a neighbour’s wall crosses the line, ask for a Land Office boundary verification (rang wat) before transfer. Our land titles guide explains Chanote, Nor Sor 3 Gor and the documents you should never buy, such as Sor Kor 1 or Sor Por Kor land.
Seller checks
How do you verify the seller and their right to sell?
The person signing must be the registered owner, or hold a valid, specific power of attorney, and must have every consent the law requires. For an individual that means ID matching the deed and, if married, the spouse’s consent for marital property; for a company, a recent registration certificate, the authorised directors’ signatures and a board resolution.
| Seller type | Documents to see | Typical issue |
|---|---|---|
| Thai individual | ID card, house registration (Tabien Baan), marriage or divorce certificate | Spouse’s consent missing for marital property (CCC s.1476) |
| Foreign individual (condo) | Passport, FET form or credit advice from their own purchase | Name changes or several passports; proceeds repatriation papers |
| Deceased owner | Court order appointing the estate administrator, heirs’ agreement | Heirs selling before the estate is registered in their names |
| Thai company | DBD company certificate (usually under 3 months old), shareholder list (Bor Or Jor 5), board resolution | Foreign-controlled company with nominee shareholders |
| Developer | Company certificate, land title, project permits, project-finance bank release letter | Unit still mortgaged to the project lender |
If someone signs for the owner, the power of attorney should be on the Land Office form, specific to this property and recent; a power signed abroad usually needs notarisation and legalisation by a Thai embassy or consulate. Your lawyer should also run the seller’s name and company through the Department of Business Development’s DataWarehouse and the Legal Execution Department’s bankruptcy search: a bankrupt seller cannot validly transfer, and a company with unpaid creditors may see the sale challenged.
Be especially careful with villas and land sold through a Thai company that a foreigner controls. Holding land through nominee shareholders is illegal under sections 111–113 of the Land Code and the Foreign Business Act B.E. 2542, and buying the shares of such a company means buying its legal risk. Our guide to Thai company nominee risks explains why.
Permits & zoning
Which permits and zoning rules should you check?
Check that every building on the plot has a building permit (Form Or 1) and that what stands matches the approved plans. Buildings that need an inspection before use, such as condominiums, should also have a building-use certificate (Form Or 6). Then confirm the town-plan zone, hillside elevation and coastal limits allow what you plan to do.
| Document | Thai form | Issued by | Why it matters |
|---|---|---|---|
| Building permit | Or 1 (อ.1) | Municipality (tessaban) or OrBorTor | Unpermitted buildings can be ordered demolished; banks and buyers discount them |
| Building-use certificate | Or 6 (อ.6), often written “Aor 6” | Same local authority, after inspection | Required for building types under s.32, e.g. condominiums and buildings used by the public |
| House registration and house number | Tabien Baan (Tor Ror 14) | Local registration office | Shows the house is registered at the address; not proof of ownership |
| Condominium registration | Registered condo title (Or Chor 2) | Land Office | Only a registered condominium allows foreign freehold under s.19 bis |
| Environmental approval (EIA) | EIA report approval | ONEP expert committee | Required for e.g. condos of 80+ units or 4,000+ m²; missing approvals stop construction |
| Town-plan zone | Comprehensive plan colour map | Department of Public Works and Town & Country Planning | Limits use, height and density; the Phuket plan is under revision |
The most common Phuket problem is not a missing permit but extra work: a pool roof, an enclosed terrace or a staff house added after the permit was issued. Ask for the approved drawings and compare them with the villa room by room; your lawyer can ask the local authority whether any order or complaint is on file. Building without a permit or departing from the plans exposes the owner to demolition orders and penalties under section 65 of the Building Control Act.
Zoning and environmental rules decide what you can do next. Land above 80 m in Phuket is restricted, slopes of 35% or more are off-limits under the 2017 rules, and coastal zones cap height and density. If you plan to rebuild, extend or rent daily, check those rules and the building’s regulations now. Our building a house guide covers the hillside regime in detail.
Access & utilities
How do you check road access, servitudes and utilities?
A villa or plot needs legal, not just physical, access: frontage on a public road, or a servitude registered on both your deed and the deed of the land the road crosses. Then confirm that electricity, water and wastewater are connected legally, in whose name the meters are, and that a well, if any, is permitted.
Hillside and back-beach plots in Kamala, Layan and Cherng Talay are sometimes reached by a track over a neighbour’s land with no registered servitude. Without legal access, utilities, a building permit and resale can all be refused. Make the registration of the servitude a condition of completion.
Condo checks
What should you check when buying a condo?
For a condo, the juristic person managing the building is your main source. Ask it for the foreign quota letter confirming that foreign ownership stays within 49% of the total unit area (s.19 bis), the debt-free letter the Land Office needs to register a transfer (s.29), the last audited accounts, the sinking-fund balance, AGM minutes and the building regulations.
| Document from the juristic person | What to look for | Red flag |
|---|---|---|
| Foreign quota letter | Remaining foreign quota in m², dated within days of transfer | Quota full or “to be confirmed”: you would only get a leasehold |
| Debt-free letter | Common fees and sinking fund paid to date for this unit | Arrears with surcharges; the seller must clear them before transfer |
| Audited financial statements | Fee income vs costs, reserve level, unpaid fees across the building | Many owners in arrears, recurring deficits, no audit |
| AGM minutes (last 2 years) | Major repairs, special levies, disputes with the developer | Lawsuits, planned levies, lift or roof failures |
| Building regulations | Pets, renovations, rental rules, fee per m² | A ban on stays under 30 days if you planned holiday letting |
Common fees attach to the unit, not to the owner, and the Condominium Act allows surcharges on late payment — up to 12% a year, and up to 20% once fees are six months or more overdue — so buying a unit with arrears means inheriting them unless the seller pays first. Check that the unit’s area on the condo title matches the sale contract, since fees and the foreign quota are both calculated per m².
To register in foreign freehold you must also show that the purchase money came into Thailand in foreign currency, using the Foreign Exchange Transaction (FET) form your Thai bank issues for transfers of USD 50,000 or more. Our condo foreign quota guide explains how the quota is counted, and our financing guide explains how to move the money correctly.
Off-plan developers
How do you check an off-plan developer?
With off-plan you are lending money to a developer for 18–36 months, so check the company as a lender would: its Department of Business Development record, filed accounts and directors, completed projects and delays, land title and project mortgage, building permit and EIA approval, and how your instalments are protected — escrow is voluntary in Thailand.
Step 1
Company record
On the DBD DataWarehouse, check the developer’s registration date, paid-up capital, directors and the last three years of filed financial statements. Very young project companies with thin capital need a strong parent company behind them.
Step 2
Track record
Visit at least one finished project, speak to owners and check whether it was delivered on time and to specification. Ask how many units of the current project are sold.
Step 3
Land and project finance
Confirm the land title is in the developer’s name and, if it is mortgaged to a project lender, that the bank will release your unit on payment, ideally in a written release letter.
Step 4
Permits and EIA
Ask for the building permit and, for condos of 80 units or 4,000 m² or more, the EIA approval. Marketing before these are granted is a risk, not a bargain.
Step 5
Contract and payments
The sale contract for a condo should follow the standard form required under the Condominium Act; tie instalments to construction milestones, require a completion date with penalties, and ask whether payments go to an escrow agent under the Escrow Act B.E. 2551.
Step 6
Handover
Inspect the unit before the final payment with a snag list, and check that the condominium is registered at the Land Office before transfer.
Foreign buyers often reserve off-plan units in Phuket from abroad on the strength of a brochure. A two-week lawyer review before the first instalment costs a fraction of one payment. Our buying off-plan guide explains payment schedules and how to negotiate them.
Fees & timeline
How much does due diligence cost and how long does it take?
In 2025–2026, Thai law firms typically charge ฿20,000–40,000 to review a straightforward condo resale, ฿30,000–80,000 for a villa with land, and ฿50,000–100,000 or more for multi-title land, company structures or off-plan projects. A condo review takes one to two weeks; a villa or plot three to four, longer if a survey is needed.
| Property type | Typical fee |
|---|---|
| Condo resale | ฿20,000–40,000 |
| Villa with land (lease or freehold) | ฿30,000–80,000 |
| Multi-title land, company or off-plan | ฿50,000–100,000+ |
Source: fee ranges published by Thai law firms in 2025–2026 and Phuket transactions we have seen. Excludes Land Office fees, surveys and building inspections; some firms charge about 1% of the price for full conveyancing.
Step 1Day 0
Reservation
What happens: Refundable deposit conditional on due diligence; seller signs search authorisation
Step 2Week 1–2
Land Office and company searches
What happens: Certified deed copy, registration list, DBD and bankruptcy checks
Step 3Week 1–3
Permits, access and juristic letters
What happens: Permits vs plans, servitude, utilities, quota and debt-free letters
Step 4Week 2–4
Report and contract
What happens: Written report, conditions precedent, sale and purchase agreement
Step 5Usually 30–60 days after signing
Transfer
What happens: Land Office registration, fees and taxes paid, keys handed over
Budget separately for a building inspection by an engineer on a resale villa, a Land Office boundary verification if markers are missing, and translation of key documents. Transfer fees and taxes — the 2% transfer fee, 3.3% Specific Business Tax or 0.5% stamp duty, and withholding tax — are explained in our buying costs and taxes guide. Ask for a written fee quote and a written report: a lawyer who only tells you “it is fine” has not done the job.
Checklist
The complete property due diligence checklist, stage by stage
Use this checklist with your lawyer: stage one before you pay a reservation deposit, stage two during the legal review, stage three for condos or off-plan projects, and stage four on transfer day. Every item should end with a document in your file, not a verbal assurance from the seller, the developer or an agent.
Stage 1 — Before the reservation deposit
Stage 2 — Legal review (all properties)
Stage 3 — Condos and off-plan projects
Stage 4 — Transfer day
Red flags
Which red flags should stop a property purchase?
Walk away, or at least stop paying, when the title is not a Chanote or registered condo title, the seller cannot sign alone, the deed carries a seizure, access is not registered, the building has no permit, the condo has no foreign quota, or someone proposes nominee shareholders. Most of these problems are cheaper to avoid than to fix.
| Red flag | Why it matters | What to do |
|---|---|---|
| “Land” sold on Sor Kor 1, Por Bor Tor 5 or Sor Por Kor | These are not ownership titles and often cannot be transferred or leased | Do not buy |
| Pressure to pay a large non-refundable deposit quickly | Removes your leverage before checks are done | Refundable deposit conditional on due diligence only |
| Seizure or attachment order on the deed | The Land Office will not register the transfer | No payment until the order is lifted |
| Nominee shareholders proposed for land | Illegal; the land can be ordered sold and parties fined or jailed | Use a registered lease and superficies instead |
| Undeclared price at the Land Office | Understating the price is tax evasion and weakens your resale and refund position | Declare the real price |
| Condo “foreign quota” promised verbally | Without quota you cannot hold foreign freehold | Written quota letter close to transfer |
| Off-plan project without permit or EIA | Construction can be stopped; your instalments are at risk | Wait for approvals, or use escrow |
On 19 October 2026 the government launched an operation targeting 2,360 plots suspected of being held for foreigners through 1,397 Thai nominees, with forced sales if holders do not dispose of the land in time. Never buy a villa by taking over a Thai company with nominee shareholders.
Documents before deposits
We ask sellers for the deed copy, ID and permits before we arrange a reservation.
Independent lawyers
We introduce Thai lawyers who work for you, and we are not lawyers ourselves.
Juristic letters
For condos we request the quota and debt-free letters from the building early.
English, French and Thai
Our team follows the file in your language with the Land Office and the seller.
This guide is general information, not legal advice; Empire Estates is a real-estate agency, not a law firm. Fees and timings are indicative 2025–2026 ranges, not quotes. Rules reflect Thai law and Land Office practice as we understand them on 30 October 2026; section numbers refer to unofficial English translations and the Thai text prevails. Always have an independent licensed Thai lawyer review a specific property before you commit.
FAQ
Property due diligence in Thailand — your questions
Short answers to what buyers ask us most before they commit.
Talk to a local expert
Found a property? Let us start the checks
Send us the listing or the address. We will request the deed copy, permits and juristic letters from the seller and introduce an independent Thai lawyer, so you know what you are buying before you pay a deposit.
Where to buy
Area guides and listings to compare
Each area raises different checks: condo foreign quota on the west coast, hillside and access rules in the hills, land titles inland. Start with the area, then the listings.
West coast condos
Freehold condos where the foreign quota and juristic person checks matter most.
Villas and hillside land
Access, servitudes, permits and elevation rules come first here.
South and inland
Established villa areas and larger plots, where title type and road access vary.
Sources
The legal texts, official registers, law-firm analyses and news reports this guide relies on (checked 30 October 2026). English translations of Thai statutes are unofficial; the Thai text prevails. Fee ranges are vendor-published and indicative.
- Land Code B.E. 2497 (sections 86 and 111–113) — FAOLEX / FAO
- Property due diligence in Thailand: protect your investment — Thai Law Online
- Property legal packages in Thailand (flat-fee examples) — Thai Law Online (fee example, 2025–2026)
- Rights of servitude in Thailand (section 1387) — Thai Law Online
- Construction law in Thailand (Building Control Act, permits, s.65) — Thai Law Online
- Common area fees and sinking fund in Thai condominiums — Thai Law Online
- Condominium disputes: concerns of joint owners (debt-free certificate, unpaid fees) — Tilleke & Gibbins
- Standard purchase agreements protecting condo buyers — Tilleke & Gibbins
- Department of Lands (Land Offices, LandsMaps) — Department of Lands, Ministry of Interior
- DBD DataWarehouse (company records and filed accounts) — Department of Business Development
- Bankruptcy and enforcement search — Legal Execution Department
- Thailand eyes forced sale of 2,360 plots in foreign property crackdown — New Straits Times / AFP (October 2026)
