Check ownership and intended use
Before buying or investing in land in Thailand, due diligence should answer two questions: whether the seller is entitled to dispose of the land, and whether the land can be used for your proposed project. A copy of a title deed, or confirmation that the seller holds the land, is not enough to resolve both questions.
Review the title and third-party rights
Check the title deed and registration records, the relationship between the registered owner and the seller, and rights that may affect the transaction or use, including mortgages, leases, servitudes and superficies. Where an encumbrance is identified, establish whether it must be released, who will arrange this, and how release will be coordinated with payment and transfer.
Review actual use and development restrictions
Taking the proposed project into account, examine access, occupation, zoning and relevant development restrictions. Site conditions and registration records should be checked against each other. Plans to build a factory, develop the site or change its use also require review of the relevant permit conditions.
Review the investment and holding arrangements
Where foreign investors are involved, separately review the proposed holding structure and the legal conditions for acquiring land. Arrangements involving BOI, IEAT or a Thai company holding land require individual checks of eligibility and restrictions, including nominee risks.
What to prepare for a consultation
The title documents, location, seller information, draft transaction documents and intended use help identify the priorities for review. THAIHOUSING sets out the issues found, their implications for the transaction and recommended action, helping you decide on transaction terms and next steps.