Complete Checklist: 25 Essential Points to Check Before Buying in Thailand

Published on June 30, 2026 and written by Cyril Jarnias

Buying real estate in Thailand can be a great idea… provided you know exactly what you are getting into. The country allows foreigners to buy legally, but within a very specific framework, with strict rules on land ownership, foreign quotas in condominiums, 30-year leases, and a host of fees, taxes, and formalities that are often misunderstood.

Understand What You Can Actually Buy

First of all, you need to absorb a simple reality: Thailand makes a very clear distinction between what a foreigner can own in freehold, what they cannot, and what rights they can register.

1. Clarify the Type of Property and Ownership Structure

The first reflex, even before visiting a property, is to decide under which legal framework you will buy. In Thailand, the realistic and safe options for foreigners are limited, but well-defined.

To simplify, it can be summarized as follows:

A foreigner cannot hold land in freehold, even if they have lived in Thailand for a long time, even if they are married to a Thai national. However, they can hold a freehold apartment in a registered condominium, as long as the building has not exceeded 49% of salable area to foreigners.

For houses and villas built on land, the typical scheme is: land leased via a 30-year lease (leasehold) and building held separately, via a superficies right or a simple ownership right over the structure. This setup remains limited in time and must be carefully drafted and registered.

2. Verify the 49% Foreign Quota for a Condominium

The great advantage of Thai condominiums is that they allow full direct ownership by a foreigner, but this openness is not unlimited. The Condominium Act imposes that a maximum of 49% of the total salable area of a building may be held by foreign buyers. Beyond that, the remaining units can no longer be registered as freehold in a foreigner’s name.

This rule is not theoretical: it is enforced at the exact moment the transfer of ownership is registered at the Land Office. If the foreign quota is full that day, your purchase cannot be recorded as freehold, even if the seller or developer promised it in writing.

It is therefore essential to have confirmation, in writing and from the right sources, that the foreign quota is still available. Three levels of verification are necessary:

Until this triple cross-checked confirmation is obtained, you should not pay any non-refundable deposit for a “foreign freehold.”

3. Avoid Illegal “Nominee” Company Structures

A classic in the market is to propose that the foreign buyer set up a Thai company in which they would hold 49% of the shares, with the remaining 51% held by fictitious “Thai partners.” The stated goal: to circumvent the ban on foreigners owning land in their own name.

The problem is simple: this type of structure is illegal. Land law and the Foreign Business Act prohibit the use of Thai “straw men” who have no real interest in the company, intended solely to mask foreign control. The authorities have heavily focused on these setups in recent years, with investigations and prosecutions.

In practice, a nominee can at any time assert their rights, claim ownership, block a sale, or blackmail the foreign buyer. In the event of an inspection, the land can be confiscated without compensation. This point on the checklist is non-negotiable: if the proposed acquisition scheme relies on “Thai shareholders” you do not know, or on a new company with no real activity, you must walk away.

Verify the Title Deed and the Legal Status of the Land

A large part of real estate problems in Thailand stems from a title deed that is misunderstood, poorly verified, or simply forged. Before getting excited about a sea view or a nice garden, you need to know what the seller actually holds… and what they will transfer to you.

4. Check the Type of Land Title and Its Validity

For land and houses, the basis is the title deed issued by the Land Department. Not all documents that look like a “title” offer the same level of security. The strongest is the Chanote (Nor Sor 4 Jor), which confers full ownership, with officially measured and registered cadastral boundaries.

Titles such as Nor Sor 3 or Nor Sor 3 Gor confer weaker rights, with less security on boundaries and sometimes restrictions on transfer or construction. Some older documents (Sor Kor 1, Sor Por Kor for agricultural land…) simply do not allow legal construction or sale without conditions.

On your checklist, this point concretely means:

– request a copy of the title (front AND back);

– identify the nature of the document (Chanote, Nor Sor 3 Gor, etc.);

– obtain an updated extract from the Land Office (type Thor Ror 14) confirming type, area, owner, and any encumbrances.

5. Scrutinize the Back of the Title: Charges, Mortgages, Easements

Many problematic sales share a common point: the seller shows the buyer only the front of the title, highlighting the number, area, and their name, but hides the back where important legal acts are recorded.

Yet on the back of the document you will find:

– outstanding mortgages in favor of a bank or creditor;

– court-ordered seizures;

– easements (right of way, right of drainage, etc.);

– registered long-term leases, usufructs, superficies rights.

Everything recorded on the back limits, in one way or another, your future freedom over the property. A mortgaged land cannot be transferred without a release, a seizure blocks the transaction, an easement of way may prevent fencing or reduce the land’s value.

Checking the back is therefore a reflex to have, and not only on the copy provided by the seller: the official extract from the Land Office must confirm exactly the same information. If there is a discrepancy, the seller’s copy may be outdated or even manipulated.

6. Perform a Real “Title Search” at the Land Office

Neither a scanned copy nor a nice English dossier replaces the only legally binding source: the Land Office registers. A genuine title check involves:

This check can be done by you personally, but in most cases it is advisable to hire a lawyer specialized in Thai real estate law, who will also be able to verify the history of transfers and spot any irregularities in the issuance or “upgrade” of the title.

7. Confirm Legal, Not Just Practical, Access to the Land

Sometimes a plot is surrounded by other private parcels, with no direct access to a public road. Access is then “de facto” via a path long used, but never registered. As long as the neighbors agree, everything is fine. The day one of them fences it off or sells it, your land can become landlocked.

To avoid this trap, your checklist must include the access issue:

Simply “tolerated” access is not sufficient. Access must be guaranteed by the land register, either through direct contact with a public road or through a clearly registered easement.

8. Verify Compliance with Zoning, Environmental Rules, and Building Permits

Having a solid title does not mean you can build whatever you want. A plot may be in an area where maximum building height is limited, where certain constructions are prohibited (sensitive coastal zones, forest reserves, environmental protection areas), or where an EIA (Environmental Impact Assessment) is mandatory for projects exceeding a certain number of units or a certain area.

On your checklist, this point involves checking:

– the urban planning zone in which the plot is located (residential, agricultural, mixed, etc.);

– the existence or not of specific constraints (proximity to coastline, protected area);

– the presence of an EIA for large projects (over 80 units or over 4,000 sqm of usable floor area);

– the conformity of the building permit (number, scope, correspondence with the building actually constructed).

For a project under construction or sold “off-plan,” the absence of an EIA or a valid building permit is a major red flag. Without these approvals, construction can be stopped at any time by the authorities.

Scrutinize the Seller, Developer, and Management

Beyond the land and title, you need to look at the person or company selling: do they legally have the right to sell? Are they solvent? Have they delivered other projects in the past?

9. Confirm the Seller’s Identity and Capacity

For an individual, the check is fairly straightforward: their name in Thai must exactly match the one on the title. If the person signing is married, certain situations also require the spouse’s signature or consent, depending on the applicable marital regime. If it is a representative (via power of attorney), the power must be recent, precise, and properly executed.

For a company, the checklist is more extensive:

– verify the company’s registration with the Department of Business Development (DBD);

– check the directors, registered address, paid-up capital;

– obtain a board resolution authorizing the sale;

– confirm that the person signing has the authority to do so (signatory).

10. Run a Reliability Check on the Developer

For an off-plan purchase or in a recently completed project, the developer’s solidity is almost as important as the title. The Thai system does not impose a delivery guarantee, mandatory insurance for buyers, or a single complaint register. In short, the verification falls entirely on the buyer.

A minimum due diligence on the developer should cover:

– their history at the DBD: date of incorporation, share capital, annual accounts, debt-to-equity ratio;

– their already delivered projects: how many, where, on what dates, in what condition;

– the opinion of existing co-owners: forums, Facebook groups, Google reviews, feedback on construction quality and management;

– the presence or not of significant litigation: lawsuits with buyers or contractors, insolvency proceedings.

11. Examine the Health of the Condominium (for a Condo)

A condominium is not just a private unit: you also buy a share of common charges, reserve fund, and management. A poorly managed condominium can quickly degrade the value of your investment, even if your apartment is perfect.

Your checklist should therefore include:

– verification that the building is indeed registered as a condominium under the Condominium Act;

– reviewing the latest financial statements of the managing juristic person;

– the amount of the sinking fund and its funding level;

– the details of management fees and any overdue payments by co-owners;

– the existence or not of litigation involving the condominium (unpaid suppliers, employees, etc.).

A condominium without clear accounts, with many overdue payments or a nearly empty sinking fund, is a risk signal.

Secure Financing and Fund Flows

As a foreign buyer, you cannot ignore the strict rules on the source of funds when acquiring a freehold condo. These rules are not only mandatory at the time of purchase but also condition your ability to resell later.

12. Properly Arrange the Transfer of Funds from Abroad

For the Land Office to accept the registration of a condominium in a foreigner’s name, the money used for the purchase must imperatively have arrived in Thailand as foreign currency and have been converted into baht by a local bank. This transaction is then evidenced by a Foreign Exchange Transaction Form (FET or FETF), or by an equivalent bank certificate for amounts below the official threshold.

This document must:

Without this proof, the Land Office will simply refuse to register the property as foreign freehold. Sending baht directly from abroad, arriving with cash, or using a Thai account funded with cash will not allow you to obtain this document.

At the time of resale to another foreigner, the new buyer will also have to provide proof of a compliant currency flow. If this chain of compliance is broken today, it will complicate the resale tomorrow.

13. Understand the Fees and Taxes at the Land Office

Transfer costs in Thailand are not trivial and are added to the property price. They mainly consist of:

Market practices generally mean the seller bears the SBT or stamp duty and withholding tax, while the transfer fee is either split 50/50 or negotiated. In developer sales, the law limits the portion that the developer can pass on to the buyer for certain fees.

For a foreign condo buyer, it is reasonable to anticipate around 5 to 7% of the sale price in total taxes and fees, depending on the seller’s holding period and the negotiation on cost sharing. All these amounts must be paid in baht, in one lump sum, on the day of registration at the Land Office.

Analyze the Sale and Purchase Agreement (SPA) and the Lease

Even with a good title, compliant fund flow, and a reputable developer, everything can hinge on the details of the contract. In Thailand, the Thai version of a bilingual contract has superior force in court; the English (or French) translation is only indicative.

14. Have the Contract Reviewed by an Independent Lawyer

The Sales and Purchase Agreement (SPA) or the lease agreement for a leasehold must be scrutinized by a lawyer who works for you, not for the developer or agent. This review should cover several key points:

For a bilingual contract, it is crucial that the lawyer is fluent in Thai and compares the English or French version with the Thai text to detect any discrepancies.

15. Regulate Deposits and Reservations

Deposits paid to reserve a property, especially off-plan, are generally non-refundable by default under the Thai Civil and Commercial Code, unless the contract explicitly states otherwise. Many disputes arise from verbal promises of “refund if something goes wrong” that are never put in writing in the contract.

16. For a Leasehold: Secure the Terms of the 30-Year Lease

Leases in Thailand are registrable for a maximum duration of 30 years. Any mention of 60 or 90 years in a contract cannot be registered at once; at best, it is a promise of renewal, which has no automatic guarantee against a future buyer of the land or an heir.

For a well-secured leasehold, your contract must:

– be registered at the Land Office (and not just signed “privately”);

– clearly state the exact duration of the lease, usage rights, termination conditions;

– address possible renewals realistically, knowing they will require a new agreement when the time comes;

– address who pays the land tax and any taxes during the lease term.

It is also essential to verify that the lessor (the one leasing the land to you) is indeed the registered owner of the land, or has a sufficient right to enter into the lease.

Physically Inspect the Property: Structure, Finishes, Utilities

Once the legal side is under control, you need to look closely at the property itself. In Thailand, there is no mandatory inspection system or real obligation of disclosure for the seller. Without an independent inspection, you are largely buying on faith in what you are told.

17. Check the Structure, Walls, Floors, and Roof

Whether you are buying a new condo or an existing villa, certain signs are revealing:

– deep cracks that run through a wall from floor to ceiling, especially near corners or extension joints, may reveal a foundation problem or ground movement;

– water stains on the ceiling (especially on drywall) often indicate leaks, a faulty roof, or lack of insulation;

– floor tiles that sound hollow when tapped may indicate poor adhesion or underlying moisture issues.

18. Test the Electrical Systems and Safety

Make-shift electrical installations are a common source of problems in Thailand. During the visit, it is wise to:

– test all outlets with a small polarity checker;

– check for a residual current device (RCD / safe‑t‑cut) on the main panel;

– inspect visible wiring, especially for bare wires, loose wire nuts, hazardous extensions in bathrooms or kitchens;

– ensure that switches control the correct light points.

In a condominium, it is also useful to glance at common areas: elevators, lighting, electrical boxes in hallways, to get an idea of maintenance rigor.

19. Check Plumbing, Water Pressure, and Drainage

The water system deserves just as much attention:

Daily comfort and structural risks (moisture, corrosion, settlement) largely depend on it.

20. Review Windows, Doors, Balcony, and Security

Joinery elements are also revealing of overall quality:

– interior doors that close without rubbing, silent and securely fixed hinges;

– entrance door with good sealing and a reliable lock;

– windows that open and close without resistance, intact seals, well-installed screens;

– balconies with securely anchored railings of sufficient height.

On the security front, also assess the perimeter’s ability (for houses) to prevent climbing, the presence of exterior lighting, cameras, and, in larger projects, the quality of access control.

Conduct a Full Due Diligence on a Project or Subdivision

Buying in a subdivision or a villa project involves verifying not just one lot, but the entire operation: land subdivision, regulatory compliance, licenses, long-term management.

21. Confirm the Situation of the Main Land and Permits for the Project

For a group of villas or houses, it is prudent to check: the general condition of structures, piping and electrical installations, compliance of completed work, any environmental nuisances, applicable planning regulations.

A project that still relies on a single large unsubdivided title, or that has not obtained the required approvals, exposes buyers to delays, forced modifications, or even blocking of certain transfers.

22. Understand the Management, Services, and Fee Model

In a private subdivision, the contract covers not just the land and house: it often includes management clauses, maintenance contracts, shared services (security, pool, gardening, internal roads). These elements can become a heavy long-term burden if not anticipated.

The checklist should therefore list: the essential elements to verify to ensure compliance and efficiency of processes.

– the details of included services (security, roads, lighting, waste collection, common garden maintenance, etc.);

– the level of monthly fees and how they are adjusted over time;

– the existence of a reserve fund for major works;

– the possibility or not of changing the management operator, or taking over management as a homeowners’ association.

Underestimated or poorly contractually framed fees constitute a major risk for the profitability of a rental investment.

Keep a Cool Head Towards Commercial Promises

The Thai market is known for brochures promising “guaranteed” returns, spectacular future appreciation, or legal schemes “used by everyone.” Reality is rarely that simple.

23. Treat Announced Yields as a Hypothesis to Verify

Even though most yield data was not in the core of our report, the logic remains the same: the only yield that matters is the one you can calculate precisely, net, after all costs (management, maintenance, condo fees, taxes, vacancy…).

– compare with average yields observed in the market for a comparable segment;

– verify in black and white, in the contract, who guarantees what, with what conditions and penalties in case of non-payment;

– analyze the purchase price: if the guaranteed return is “built into” an overinflated price, you are essentially getting your own money back.

In any case, the calculation of your profitability should be based on your own prudent assumptions, not those of marketing brochures.

24. Refuse to Rush a Decision Without Full Due Diligence

Real estate scams in Thailand often exploit urgency: a “limited-time” promotion, a “last foreign lot available,” an “investor backing out.” You are pushed to sign a reservation form and transfer a deposit before your lawyer has even looked at the documents.

A purchase that cannot withstand a week or two of serious checking is, by definition, suspicious. Your checklist should therefore contain this simple rule: no significant financial commitment without:

Golden financial rule

– confirmation of the foreign quota (for a condo);

– title verification at the Land Office;

– independent contract review;

– minimum inspection of the property or site.

If the intermediary insists on “securing quickly” before these elements are in place, it is better to walk away.

Engage Professional Support from Start to Finish

Last point, but perhaps the most important: in Thailand, the absence of a legal safety net for foreign buyers makes the quality of your advisors crucial.

25. Surround Yourself with a Specialized Lawyer and, If Needed, a Technical Inspector

Thai real estate law forms a coherent but very different system from Western ones. A lawyer knowledgeable about the Civil and Commercial Code, the Condominium Act, the Land Code, and the practices of Land Offices is your best ally for:

– verifying titles and obtaining official extracts;

– analyzing contracts, spotting unbalanced clauses, proposing amendments;

– organizing the registration of rights (freehold, leasehold, usufruct, superficies) at the Land Office;

– clarifying the applicable taxation and cost allocation.

—

By combining these 25 points into a genuine due diligence process — legal, financial, and technical — buying in Thailand becomes a controlled project rather than a gamble. The key is to scrupulously respect the local legal framework (49% quota for condos, ban on buying land freehold, registered 30-year leases), never settle for copies or promises, and document every step, from fund transfer to registration at the Land Office.

This country offers a rare openness in Southeast Asia for direct purchase of condominiums by foreigners. By following the rules and patiently checking every item on this checklist, you can take advantage of this opportunity without unnecessarily exposing your capital.

Cyril Jarnias

Cyril Jarnias is an independent expert in international wealth management with over 20 years of experience. As an expatriate himself, he is dedicated to helping individuals and business leaders build, protect, and pass on their wealth with complete peace of mind.

On his website, cyriljarnias.com, he shares his expertise on international real estate, offshore company formation, and expatriation.

Thanks to his expertise, he offers sound advice to optimize his clients' wealth management. Cyril Jarnias is also recognized for his appearances in many prestigious media outlets such as BFM Business, les Français de l’étranger, Le Figaro, Les Echos, and Mieux vivre votre argent, where he shares his knowledge and know-how in wealth management.

Find me on social media: