Transferring property ownership in Thailand is one of the most important legal steps in any real estate transaction. Whether you are buying land, a condominium, or inheriting property, understanding the types of property title transfer and the legal procedures involved is essential to ensure that your ownership is valid, recognized, and protected under Thai law. The process of transferring property title is not merely administrative — it determines who legally owns the land or property, what rights are attached to it, and what obligations follow.
This article explains the different types of property title transfers in Thailand, the procedures involved, and key considerations for both Thai nationals and foreign buyers.
1. Freehold Title Transfer (Ownership Transfer)
The most common and secure form of property transfer in Thailand is a freehold title transfer, also known as a full ownership transfer. In this transaction, the ownership of the land or property is permanently transferred from the seller to the buyer, and the buyer’s name is officially recorded on the Chanote (Title Deed) at the Land Office.
Key Characteristics:
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The buyer becomes the legal owner of the property and holds full ownership rights.
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The transfer is registered at the Land Department in the province where the property is located.
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Once completed, the buyer’s ownership is recorded on the title deed, making it public and legally enforceable.
Process:
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Both the buyer and seller (or their authorized representatives) appear at the Land Office.
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Officials verify ownership, encumbrances, and identities.
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Applicable transfer taxes and fees — such as transfer fee (2%), stamp duty (0.5%), and withholding tax — are paid.
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The buyer’s name is registered as the new owner on the title deed.
This is the most straightforward type of property transfer for Thai citizens. However, foreign individuals generally cannot own land freehold, except under specific legal exceptions such as investment promotion under the BOI (Board of Investment) or purchasing within certain condominium quotas.
2. Condominium Title Transfer
A condominium title transfer is a specific type of ownership transfer governed by the Condominium Act B.E. 2522 (1979). This law allows both Thai nationals and foreigners to hold freehold ownership of condominium units, provided that foreign ownership in the building does not exceed 49% of the total saleable area.
Key Requirements for Foreign Buyers:
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The purchase funds must be transferred from overseas in foreign currency.
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The buyer must obtain a Foreign Exchange Transaction (FET) form or bank certificate as proof of remittance.
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The funds must be used solely for the property purchase, and the name on the remittance must match the buyer’s name.
Transfer Process:
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The sale and purchase agreement (SPA) is reviewed and finalized.
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The buyer provides the FET form and identification to the Land Office.
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The Land Office verifies that the foreign ownership quota in the condominium has not been exceeded.
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Transfer taxes, stamp duty, and fees are paid.
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The buyer’s ownership is registered on the condominium title deed.
For foreigners, this is the only way to hold freehold property ownership in Thailand without using a lease or company structure. It is crucial that all legal documents are in order, as non-compliance with ownership or currency transfer regulations can void the transaction.
3. Leasehold Transfer
When freehold ownership is not possible — particularly for foreign buyers — a leasehold transfer becomes an attractive alternative. Under Thai law, a lease agreement grants the lessee the right to use and occupy the property for a specific period, up to 30 years for land and buildings.
Key Points:
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A lease must be in writing and registered at the Land Office if it exceeds three years.
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Leases are typically valid for up to 30 years, with an option to renew (though renewal clauses are not guaranteed by law).
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The lessee does not own the property but has exclusive possession for the duration of the lease.
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Leasehold rights can sometimes be transferred, depending on the contract terms.
Transfer Process:
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The lessor (landowner) and lessee register the lease agreement at the Land Office.
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Registration fees (1% of total rental value) and stamp duty are paid.
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The lease is recorded on the title deed, making it legally binding against third parties.
Leasehold transfers are particularly common in resort destinations such as Phuket, Samui, and Pattaya, where many foreigners lease villas or land for residential or investment purposes. However, buyers should have a lawyer review the lease terms carefully to ensure enforceability and proper renewal provisions.
4. Usufruct, Superficies, and Habitation Transfers
Thailand also recognizes certain civil law property rights that grant use or possession without ownership. These include usufruct (sidhi-kep-kin), superficies (sitthi-kin-tai), and habitation (hak-yeu-yai) — all of which can be registered at the Land Office.
Usufruct (สิทธิ์เก็บกิน):
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Grants a person (usufructuary) the right to use and benefit from another’s property during their lifetime or for a fixed period.
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Commonly used between family members (e.g., a Thai spouse granting rights to a foreign spouse).
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Cannot be inherited and expires upon the usufructuary’s death.
Superficies (สิทธิ์ในตึกอาคาร):
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Allows a person to own buildings or structures on land owned by another party.
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Common when a foreigner wishes to build a house on land legally owned by a Thai spouse.
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The right can be granted for up to 30 years or for life.
Habitation (สิทธิ์อยู่อาศัย):
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Permits someone to live in another person’s house without paying rent.
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Typically granted for life or a fixed term.
Each of these rights must be registered at the Land Office, and registration fees apply. Although these do not constitute ownership transfers, they are forms of property title transfer of rights and provide limited but legally enforceable possession and usage rights.
5. Inheritance Transfer (Succession)
Property transfers can also occur through inheritance upon the owner’s death. In Thailand, the rules governing property succession depend on whether the deceased left a will or died intestate (without a will).
With a Will:
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The property is distributed according to the terms of the will.
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The executor applies to the Thai courts for probate and authorization to transfer ownership.
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The transfer is registered at the Land Office to update the new owner’s name.
Without a Will:
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Property passes to statutory heirs as outlined in the Civil and Commercial Code — typically spouse, children, parents, and siblings.
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Court approval is required before the Land Office can transfer the title to heirs.
For foreign heirs, inheritance of land is possible in limited cases but ownership may need to be sold within a certain period if it violates foreign ownership restrictions. Condominium units, however, can usually be inherited by foreigners within legal quotas.
6. Transfer through Gift or Donation
Property can also be transferred as a gift or donation, often between family members. The process resembles a sale transfer but is subject to different tax implications.
Key Points:
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Gifts must be registered at the Land Office to be legally valid.
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Gift tax may apply depending on the relationship between the parties.
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A written gift deed and supporting documents (e.g., proof of relationship) are required.
In some cases, gift transfers between spouses or close relatives enjoy reduced tax rates. However, as with any transfer, the Land Office must officially record the transaction.
7. Transfer through Corporate or Investment Structures
For foreign investors, property may also be transferred through a Thai company or Board of Investment (BOI) project. In these cases, the company — not the foreign individual — owns the land, and the shareholding structure determines effective control.
Key Aspects:
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The company must comply with the Foreign Business Act B.E. 2542 (1999).
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Foreign shareholding cannot exceed 49% unless the company has specific approval.
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Any change in property ownership or shareholding must be reported to the Land Office and Department of Business Development (DBD).
While these structures can be legitimate when properly managed, authorities closely scrutinize companies set up solely for land ownership. Legal consultation is essential before proceeding.
Conclusion
The process of property title transfer in Thailand can vary greatly depending on the type of property, the relationship between the parties, and whether the buyer is Thai or foreign. From freehold transfers and condominium purchases to leasehold rights and inheritance transfers, each method carries distinct legal implications.
Understanding these types of property title transfer — and ensuring proper registration at the Land Office — is crucial for safeguarding ownership rights and avoiding legal complications. Whether you are buying, inheriting, or leasing property in Thailand, consulting a qualified Thai property lawyer ensures the transfer is lawful, transparent, and fully enforceable.