Hands holding a magnifying glass over a property purchase agreement, next to a small model house

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.

Updated on 30 October 2026

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.

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 typeDocuments to seeTypical issue
Thai individualID card, house registration (Tabien Baan), marriage or divorce certificateSpouse’s consent missing for marital property (CCC s.1476)
Foreign individual (condo)Passport, FET form or credit advice from their own purchaseName changes or several passports; proceeds repatriation papers
Deceased ownerCourt order appointing the estate administrator, heirs’ agreementHeirs selling before the estate is registered in their names
Thai companyDBD company certificate (usually under 3 months old), shareholder list (Bor Or Jor 5), board resolutionForeign-controlled company with nominee shareholders
DeveloperCompany certificate, land title, project permits, project-finance bank release letterUnit 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.

DocumentThai formIssued byWhy it matters
Building permitOr 1 (อ.1)Municipality (tessaban) or OrBorTorUnpermitted buildings can be ordered demolished; banks and buyers discount them
Building-use certificateOr 6 (อ.6), often written “Aor 6”Same local authority, after inspectionRequired for building types under s.32, e.g. condominiums and buildings used by the public
House registration and house numberTabien Baan (Tor Ror 14)Local registration officeShows the house is registered at the address; not proof of ownership
Condominium registrationRegistered condo title (Or Chor 2)Land OfficeOnly a registered condominium allows foreign freehold under s.19 bis
Environmental approval (EIA)EIA report approvalONEP expert committeeRequired for e.g. condos of 80+ units or 4,000+ m²; missing approvals stop construction
Town-plan zoneComprehensive plan colour mapDepartment of Public Works and Town & Country PlanningLimits 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.

Trace the access on the LandsMaps map and on the deeds: public road, estate road or a neighbour’s land.
If the road crosses someone else’s land, require a registered servitude (CCC s.1387) or a registered right of way; a verbal agreement or a letter from the neighbour is not enough.
In a housing estate, check who owns the roads and common areas: they should be handed to the estate’s juristic person under the Land Allotment Act, or remain clearly with the developer.
Ask for recent electricity (PEA) and water (PWA) bills, the meter numbers and the name on the accounts; a three-phase supply matters for pool pumps and several air-conditioners.
If water comes from a well deeper than 15 m, ask for the Department of Groundwater Resources permit.
Check the septic system or sewer connection, drainage in heavy rain and whether neighbours’ run-off crosses the plot.
Confirm the property tax position: the annual Land and Building Tax is due from the owner, and arrears should be cleared by the seller.
Landlocked plots are common on the west coast

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 personWhat to look forRed flag
Foreign quota letterRemaining foreign quota in m², dated within days of transferQuota full or “to be confirmed”: you would only get a leasehold
Debt-free letterCommon fees and sinking fund paid to date for this unitArrears with surcharges; the seller must clear them before transfer
Audited financial statementsFee income vs costs, reserve level, unpaid fees across the buildingMany owners in arrears, recurring deficits, no audit
AGM minutes (last 2 years)Major repairs, special levies, disputes with the developerLawsuits, planned levies, lift or roof failures
Building regulationsPets, renovations, rental rules, fee per m²A 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.

  1. 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.

  2. 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.

  3. 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.

  4. 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.

  5. 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.

  6. 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.

Typical independent lawyer fee for due diligence, by property typeThai baht, lawyer’s fee for the review (2025–2026)
Typical independent lawyer fee for due diligence, by property typeTypical due diligence fees charged by Thai law firms in 2025–2026: ฿20,000–40,000 for a 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.Condo resale฿20,000–40,000Villa with land (lease or freehold)฿30,000–80,000Multi-title land, company or off-plan฿50,000–100,000+฿0฿40k฿80k฿120k
Typical independent lawyer fee for due diligence, by property type
Property typeTypical 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.

  1. Step 1Day 0

    Reservation

    What happens: Refundable deposit conditional on due diligence; seller signs search authorisation

  2. Step 2Week 1–2

    Land Office and company searches

    What happens: Certified deed copy, registration list, DBD and bankruptcy checks

  3. Step 3Week 1–3

    Permits, access and juristic letters

    What happens: Permits vs plans, servitude, utilities, quota and debt-free letters

  4. Step 4Week 2–4

    Report and contract

    What happens: Written report, conditions precedent, sale and purchase agreement

  5. 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

Copy of both sides of the title deed, and the deed type confirmed (Chanote or condo title).
Seller’s ID or company certificate, matching the name on the deed.
Reservation agreement stating that the deposit is refundable if due diligence fails.
Seller’s signed authorisation for the Land Office search.
An independent Thai lawyer chosen by you, not by the seller or developer.

Stage 2 — Legal review (all properties)

Certified deed copy with the full registration list: mortgages, leases, servitudes, usufructs, seizures.
Spouse’s consent, estate papers or board resolution, as applicable.
Bankruptcy search and DBD record for the seller.
Building permit (Or 1), approved drawings and, where required, the Or 6 certificate.
Zoning, elevation, slope and coastal rules for the plot.
Legal access: public road frontage or a registered servitude.
Utility bills, meter names, well permit, septic or sewer.
Land and Building Tax paid; no outstanding orders from the local authority.
For a lease: the lessor’s title, the term (maximum 30 years under CCC s.540) and how renewal is drafted.

Stage 3 — Condos and off-plan projects

Foreign quota letter from the juristic person, dated close to transfer.
Debt-free letter for common fees and sinking fund.
Two years of audited accounts, AGM minutes and the building regulations.
Developer’s DBD record, filed accounts and completed projects.
Project land title, project lender’s release arrangement, building permit and EIA approval.
Standard-form sale contract, milestone payments, completion date and penalties, escrow if offered.

Stage 4 — Transfer day

FET form or credit advice for every transfer of funds from abroad (foreign freehold condos).
Cashier’s cheques in the agreed amounts, including the seller’s mortgage payoff if any.
Mortgage release, lease cancellation or servitude registration done at the same sitting.
Your name and the area checked on the new deed or condo title before you leave the Land Office.
Keys, remote controls, meter accounts, and the juristic person’s owner registration updated.

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 flagWhy it mattersWhat to do
“Land” sold on Sor Kor 1, Por Bor Tor 5 or Sor Por KorThese are not ownership titles and often cannot be transferred or leasedDo not buy
Pressure to pay a large non-refundable deposit quicklyRemoves your leverage before checks are doneRefundable deposit conditional on due diligence only
Seizure or attachment order on the deedThe Land Office will not register the transferNo payment until the order is lifted
Nominee shareholders proposed for landIllegal; the land can be ordered sold and parties fined or jailedUse a registered lease and superficies instead
Undeclared price at the Land OfficeUnderstating the price is tax evasion and weakens your resale and refund positionDeclare the real price
Condo “foreign quota” promised verballyWithout quota you cannot hold foreign freeholdWritten quota letter close to transfer
Off-plan project without permit or EIAConstruction can be stopped; your instalments are at riskWait for approvals, or use escrow
Nominee structures are being unwound in 2026

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.

It is the legal and technical review done before you buy: a Land Office title search for owner and encumbrances, checks on the seller, building permits, zoning and access, and for condos the juristic person’s foreign quota and debt-free letters. It should be done by an independent Thai lawyer before any non-refundable payment.
Typically ฿20,000–40,000 for 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 in 2025–2026. Some firms charge about 1% of the price for full conveyancing. Always get a written quote.
You can see a plot’s location and appraised value on the Department of Lands’ LandsMaps app, but Land Offices usually release a certified copy of the deed and its registration list only to the owner or someone with the owner’s authorisation. A lawyer also knows how to read the Thai entries, so it is rarely worth doing alone.
It is a certificate from the condominium’s juristic person confirming that the unit’s common fees and sinking-fund contributions are paid. Under section 29 of the Condominium Act, the Land Office will not register a transfer without it, and arrears plus surcharges stay with the unit.
Form Or 6 (often written Aor 6) is the certificate the local building authority issues after inspecting certain building types, such as condominiums and buildings used by the public, before they may be used. Private houses generally do not need it, but they still need a building permit and should match the approved plans.
Usually one to two weeks for a condo resale and three to four weeks for a villa or plot, longer if a boundary survey, estate papers or a servitude must be registered. Transfer at the Land Office typically follows 30–60 days after the sale contract is signed.
No. The seller’s or developer’s lawyer protects their client. Choose your own licensed Thai lawyer, agree the scope and fee in writing, and ask for a written report before you pay anything that is not refundable.

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.

  1. Land Code B.E. 2497 (sections 86 and 111–113) — FAOLEX / FAO
  2. Property due diligence in Thailand: protect your investment — Thai Law Online
  3. Property legal packages in Thailand (flat-fee examples) — Thai Law Online (fee example, 2025–2026)
  4. Rights of servitude in Thailand (section 1387) — Thai Law Online
  5. Construction law in Thailand (Building Control Act, permits, s.65) — Thai Law Online
  6. Common area fees and sinking fund in Thai condominiums — Thai Law Online
  7. Condominium disputes: concerns of joint owners (debt-free certificate, unpaid fees) — Tilleke & Gibbins
  8. Standard purchase agreements protecting condo buyers — Tilleke & Gibbins
  9. Department of Lands (Land Offices, LandsMaps) — Department of Lands, Ministry of Interior
  10. DBD DataWarehouse (company records and filed accounts) — Department of Business Development
  11. Bankruptcy and enforcement search — Legal Execution Department
  12. Thailand eyes forced sale of 2,360 plots in foreign property crackdown — New Straits Times / AFP (October 2026)

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