Question 1

WHERE AND WHEN DOES THE TRANSFER OF PROPERTY OWNERSHIP TAKE PLACE?

Accepted Answer

The transfer of property ownership is registered at the Land Office, where ownership is officially transferred from the owner or developer to the buyer. The transfer usually takes place after construction is completed, the sale and purchase agreement has been signed, and the required payments have been made. Any remaining balance of the purchase price is typically paid on the day of transfer at the Land Office.

Question 2

WHAT ARE THE INVOLVED TAXES AND FEES WHEN PURCHASING OR SELLING A PROPERTY IN THAILAND?

Accepted Answer

When purchasing or selling property in Thailand, the following taxes and fees may apply at the Land Office:

Land Registration (Transfer) Fee

Charged at 2% of the appraised value of the property.

Stamp Duty

Charged at 0.5% of the appraised value or the actual selling price, whichever is higher. Stamp duty is not payable if Specific Business Tax applies.

Specific Business Tax (SBT)

Charged at 3.3% of the appraised value or the selling price, whichever is higher, if the seller has owned the property for less than five years or is deemed to be in the business of selling property.

Withholding / Income Tax

Calculated based on the seller’s status (individual or company) and the appraised value, and deducted at the Land Office at the time of transfer.

Question 3

WHO USUALLY PAYS THE CORRESPONDING TAX EXPENSES UPON TRANSFER OF PROPERTY?

Accepted Answer

There is no law in Thailand that strictly determines which party must pay each tax or fee upon transfer of property ownership. The buyer and the seller are free to negotiate the allocation of taxes and expenses, and the agreed terms must be clearly stipulated in the sale and purchase agreement. In practice, these costs are often shared or allocated according to market custom, unless otherwise agreed by the parties.

Question 4

WHAT ARE THE DOCUMENTS NEEDED FOR THE TRANSFER OF PROPERTY OWNERSHIP?

Accepted Answer

Condominium

Title Deed (Chanote)
Letter confirming the unit is debt-free (issued by the juristic person or developer, if applicable)
Copies of passports or identification documents of both the buyer and the seller
Copies of the entry stamp(s) in the passport(s) of the foreign buyer and/or seller
Foreign Exchange Transaction Certificate (Thor Thor 3) (required when the condominium is registered in the name of a foreigner)
Company documents, updated within the last 3 months (if the buyer or seller is a company)

Land and House

Title Deed (Chanote)
Copies of passports or identification documents of both the buyer and the seller
Copies of the entry stamp(s) in the passport(s) of the foreign buyer and/or seller
Company documents, updated within the last 3 months (if the buyer or seller is a company)

Question 5

WHAT IS A FOREIGN EXCHANGE TRANSACTION CERTIFICATE? WHY IS IT NECESSARY?

Accepted Answer

A Foreign Exchange Transaction Certificate (commonly known as Thor Thor 3) is issued by a Thai bank when foreign currency is transferred into Thailand and converted into Thai Baht for the purpose of purchasing a condominium unit in the name of a foreigner.

Thai law requires that the funds used for a foreigner’s condominium purchase originate from outside Thailand in foreign currency. As proof of this, the Land Office will require the Foreign Exchange Transaction Certificate when registering ownership of the condominium.

Without this certificate, the Land Office will not allow the condominium to be registered in the foreign purchaser’s name.

Question 6

CAN A FOREIGNER SHARE OWNERSHIP OF LAND WITH HIS OR HER THAI SPOUSE?

Accepted Answer

A foreigner married to a Thai national is not permitted to jointly own land in Thailand with his or her Thai spouse. Land acquired during the marriage cannot be registered as marital (conjugal) property and must be registered as the personal property of the Thai spouse only.

When a Thai national married to a foreigner applies to register land ownership, both spouses must sign a joint declaration at the Land Office confirming that the funds used to purchase the land belong solely to the Thai spouse. The Land Office requires this declaration to ensure that the land remains the separate, non-marital asset of the Thai spouse and that the foreign spouse acquires no ownership rights in the land.

Question 7

CAN A BUYER OR SELLER APPOINT A PROXY IF THEY CANNOT BE PRESENT AT THE LAND OFFICE PERSONALLY?

Accepted Answer

Yes. A buyer or seller may appoint a proxy to act on their behalf at the Land Office by completing and signing the official Land Department Power of Attorney form. In Thailand, Land Offices will only accept the prescribed Thai-language forms issued by the Land Department, namely Tor Dor 21 for land and house transactions and Or Chor 21 for condominium transactions.

The power of attorney must be properly executed and, where applicable, notarized or legalized in accordance with Land Office requirements.

FAQs Relating to Transferring Property Ownership

WHERE AND WHEN DOES THE TRANSFER OF PROPERTY OWNERSHIP TAKE PLACE?

WHAT ARE THE INVOLVED TAXES AND FEES WHEN PURCHASING OR SELLING A PROPERTY IN THAILAND?

Land Registration (Transfer) Fee

Stamp Duty

Specific Business Tax (SBT)

Withholding / Income Tax

WHO USUALLY PAYS THE CORRESPONDING TAX EXPENSES UPON TRANSFER OF PROPERTY?

WHAT ARE THE DOCUMENTS NEEDED FOR THE TRANSFER OF PROPERTY OWNERSHIP?

Condominium

Land and House

WHAT IS A FOREIGN EXCHANGE TRANSACTION CERTIFICATE? WHY IS IT NECESSARY?

CAN A FOREIGNER SHARE OWNERSHIP OF LAND WITH HIS OR HER THAI SPOUSE?

CAN A BUYER OR SELLER APPOINT A PROXY IF THEY CANNOT BE PRESENT AT THE LAND OFFICE PERSONALLY?

NEED LEGAL ASSISTANCE WITH A PROPERTY TRANSFER IN THAILAND?

This information has last been reviewed and verified in January 2026 by:

Supat Samunram (Barrister)

Legal / Litigation

Accounting

Loan

Corporate

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