Buying a property in Thailand is calm and predictable when the buyer has a clear understanding of what documents should be in order and what is important to clarify before signing the contract. The country has its own rules: land has different types of titles, building permits are issued at the local level, and the history of the facility is stored not in one database, but in several departments. Therefore, the main task of the buyer is to make sure that the land, building and ownership rights are properly registered.
What kind of land documents are there, and why is it important
The most reliable document is Chanote, or Chanote. It fixes the boundaries of the site with accurate GPS tracking, allows you to sell, mortgage, lease and fully protects the owner legally.
There is a document "Nor Sor 3 Gor", which can be translated into "Chanot" or "Nor Sor 3", which is less reliable: the boundaries here are approximate, so theoretically disputes are possible in the future. But the options "Sor Kor 1" and "Por Bor Tor 5" do not give ownership rights at all. These are applications, tax documents, but not proof of ownership. Any transaction based on them legally means nothing. Thus, it is worth buying only what is issued in Chanot or Nor Sor 3 Gor.
Verification of ownership: from the owner's name to the boundaries of the plot
When you have received the ownership document, it is important not to limit yourself to a cursory glance. There is no automatic buyer protection in Thailand, so verification is your insurance policy.
What is important to clarify:
- Does the owner match the documents with the person who sells the object.
It happens that the names are different – then you need to look at the power of attorney or inheritance documents.
- Whether the document itself is reliable.
The Chanot number can be checked at the local Land Department. You can also get a certified copy there and compare it with the original.
- Do the borders on the document match reality?
This is critical for earth. Buyers are often surprised when they "move down" a few meters at the border. It is best to call a surveyor – the service is inexpensive.
Search for information in the Land Department
Each object in Thailand has its own history, which can be clarified through an official request from the Land Department. This allows you to find out:
- how often the owners changed;
- are there any registered leases;
- are mortgages registered;
- are there any easements or restricted access rights;
- whether there are encumbrances on the object.
This is a formal procedure, but it shows all the hidden nuances
Bail, arrests, debts – what needs to be considered
Sometimes an object may have debt obligations to a bank, the tax service, be the subject of litigation, or it may have registered residence rights of third parties. Any of these restrictions can pass to a new owner if they are not identified in advance.
Legality of construction: don't ignore this point
If you decide to buy a house or villa in Thailand, you need to make sure that the building is legally permitted. To do this, check the availability:
- building permits. It should be designed for a specific object, not for a neighboring site.
- the actual object corresponds to the plans. If the building is larger than allowed, this may be the basis for fines or even a demolition order;
- document on commissioning (Ror. 4). He confirms that the facility has been checked by municipal services.
In addition, specify the allowed height of the building and the margins, this is especially important near the sea, in hilly areas and near protected areas.
Zoning: is it possible to build what you are planning
Land in Thailand is divided into zones, and not every one of them can be used to build an apartment building, swimming pool or hotel, so, depending on the purpose of the purchase, be sure to specify:
- type of zoning;
- environmental restrictions;
- building density rules;
- prohibitions on construction above a certain height;
- future zoning changes in the area.
This is important if you are buying land for construction or considering an investment property.
If you are buying from a company: check the business structure
Transactions through a company in Thailand have their risks. It is important to make sure that:
- the company is registered and conducts real, not "ostentatious" activities;
- Thai shareholders are real, not nominal;
- the director has the authority to sign the contract;
- the company has no hidden debts.
Nominal schemes are illegal and can lead to criminal liability – it is important to understand this before registering real estate through a company.
Physical and environmental factors
Those who buy land in Thailand should check:
- is there a risk of seasonal flooding;
- is the soil suitable for construction;
- is there access to a public road;
- is it possible to connect electricity and water;
- whether there are traces of contamination (important for former agricultural lands).
Sometimes a plot can be beautiful, but physically unsuitable for construction.
Features of checking condos
If you are buying an apartment, there are additional points:
- is the foreign quota (49%) available for the purchase of apartments in a freehold;
- is the project registered as a legal entity;
- are there any debts for utility infrastructure payments;
- what is the reserve fund of the building;
- are there any rental restrictions.
You should not skip such a check, as the consequences can be serious. For example, the recognition of the transaction as invalid, the loss of the entire amount without the possibility of a refund, and even criminal liability when buying through a fictitious company.
