Property Leasehold in Thailand. Leasehold is one of the primary methods for foreign nationals and businesses to gain legal access to immovable property in Thailand, especially given the strict restrictions on foreign freehold ownership of land under the Land Code B.E. 2497 (1954). Leaseholds provide a secure, long-term interest in property, allowing lessees to use, develop, and benefit from the land without owning it outright.
Leasehold rights are governed by the Civil and Commercial Code (CCC), Sections 537–571, which set out the legal principles, registration requirements, and obligations of lessors and lessees.
Civil and Commercial Code (CCC), Sections 537–571: Establishes the general framework for leasehold agreements, including duration, registration, and rights of parties.
Land Code B.E. 2497 (1954), Section 97: Governs the registration of leaseholds exceeding three years.
Ministerial Regulations of the Land Department: Set out procedural requirements for leasehold registration.
Leaseholds do not confer ownership but provide a right to use and possess the property for an agreed term.
Lease agreements may be for residential, commercial, agricultural, or industrial use.
Foreign nationals cannot own freehold land but may legally lease land for long-term use, including for residential and commercial purposes.
Leasehold in Thailand can be categorized into several distinct types based on the purpose and duration:
Typically used by foreigners to lease villas, houses, or condominium units.
Can be granted for up to 30 years (Section 540 CCC).
Often renewable through contract clauses (30+30+30 years).
Used for leasing office spaces, retail shops, or industrial premises.
Duration typically ranges from 3 to 30 years.
May include provisions for subleasing or assignment with the lessor’s consent.
Leases of land for farming, livestock, or aquaculture.
Special rules may apply depending on local agricultural regulations.
Long-term leases (up to 50 years, renewable for another 50 years) are allowed in Industrial Estates or under the Board of Investment (BOI).
Targeted at foreign investors in industrial or technology sectors.
Maximum duration: 30 years for general leases.
Lease agreements exceeding 30 years are automatically reduced to 30 years by law.
For leases of commercial or industrial purposes, leases may be for 50 years, extendable for another 50 years if authorized by special legislation (e.g., Industrial Estate Authority of Thailand Act).
Lease agreements may include renewal clauses (e.g., 30+30 years).
Renewal must be mutually agreed and registered again to be enforceable.
The lessor’s heirs are bound by renewal clauses if properly registered.
Leases with a term of three years or more must be registered at the Land Department (Section 538 CCC).
Unregistered leases exceeding three years are unenforceable beyond three years.
Lease agreement (in Thai, or with an official Thai translation).
Identification documents of lessor and lessee.
Land title deed (Chanote) or equivalent document.
Power of attorney (if applicable).
Registration fee: 1% of the total rental value over the lease period.
Stamp duty: 0.1% of the total rental value.
Both the lessor and lessee (or their representatives) must appear at the Land Department.
The lease is recorded on the back of the title deed (Chanote) of the property.
A copy of the lease agreement is retained in the Land Department’s records.
Exclusive use and possession of the leased property for the lease term.
Right to make improvements (if permitted by the lease agreement).
Right to assign the lease or sublease (if specified in the lease agreement).
Entitlement to renewal (if specified).
Payment of rent as agreed.
Maintenance of the property in good condition.
Compliance with the terms of the lease (e.g., permitted use).
Notification to the lessor of any required repairs.
Entitlement to receive rent.
Right to re-enter the property upon lease expiration or termination.
Right to recover damages for breach of lease terms.
Right to approve any major improvements or modifications.
Guarantee peaceful enjoyment of the property by the lessee.
Transfer possession to the lessee as agreed.
Maintain the property’s legal status (e.g., clear title).
Lessee may assign the lease to another party with the lessor’s consent (if specified in the lease agreement).
The assignment must be registered at the Land Department to be enforceable.
Lessee may sublease the property if the original lease agreement permits.
Sublease terms cannot exceed the original lease term.
Subleases do not affect the lessor’s rights against the original lessee.
If the lessor sells the leased property, the new owner is bound by the lease if:
The lease is registered.
The new owner had notice of the lease at the time of purchase.
Leaseholds can be terminated under the following conditions:
Lease automatically ends at the end of the specified term unless renewed.
Both parties may agree to terminate the lease before its expiration.
Material breach by the lessee (e.g., non-payment of rent) may result in termination.
The lessor must provide notice of default and an opportunity to cure.
If the leased property is destroyed or rendered uninhabitable, the lease may be terminated without liability.
Either party may petition the court for termination in cases of serious breach.
Foreigners can lease land for up to 30 years but cannot own it outright.
Lease agreements should be carefully drafted to include:
Renewal clauses.
Clear description of the property.
Assignment and sublease rights.
Dispute resolution mechanisms.
Leases exceeding three years must be registered to be enforceable.
An unregistered long-term lease is valid for only three years.
Lessees should verify the lessor’s ownership (title deed check).
Check for existing encumbrances, mortgages, or third-party rights.
Both parties should have the lease agreement reviewed by a qualified Thai lawyer.
Ensure that the lease is properly registered at the Land Department.
Property leasehold in Thailand provides a secure method for foreign nationals and investors to gain long-term access to property while avoiding the restrictions on freehold ownership. However, the leasehold system is highly regulated, and the validity of leases depends on strict compliance with statutory requirements.
Both lessors and lessees must ensure that lease agreements are properly drafted, registered, and enforced in accordance with Thai law. Given the complexity of leasehold transactions, professional legal advice is strongly recommended.
Escrow accounts in Thailand provide a secure mechanism for managing funds or assets during transactions, particularly in real estate and business deals. By involving a neutral third party, escrow services ensure that both parties fulfill their contractual obligations before funds or property are exchanged.
An escrow account is a legal arrangement where a third-party escrow agent holds funds or assets on behalf of two parties involved in a transaction. The agent disburses the funds only when all agreed conditions are met, providing assurance to both buyers and sellers.
Escrow accounts in Thailand offer a robust solution for managing financial and asset transfers in complex transactions. By ensuring security, transparency, and legal compliance, they provide peace of mind for all parties involved. Leveraging escrow services is especially beneficial in real estate, mergers, and high-value business agreements.
Buying property in Thailand has always been very a good choice for British visitors as many see Thailand as being cheaper and much lower cost of living than Spain. Some Brits who arrive in Thailand always seek the advice and expertise of a property solicitor in Bangkok which has become very popular for Brits where most buy condominiums.
If you are considering living in Thailand, maybe you wish to retire in Thailand or better yet retire in Chiang Mai or Pattaya then consider leasing your property before buying. This allows you to decide where you wish to live for the long term. Once you have settled in then consider the area and then only look at buying property or buying the condo in which you are living.
A sizable percentage of foreigners decide to stay and retire in Thailand because they meet the girl (or boy) of their dreams here. If you want to marry a Thai citizen, you will need proof from your embassy that you are legally able to marry. The legal marriage registration can be performed at any district office (amphur) in Thailand.
Considering visiting Thailand then consider obtaining a tourist visa for Thailand instead of risking your holiday with a visa on arrival. The visa laws have changed over the last few years as the government attempt to cut down on visa abuse where people lived in Thailand on back-to-back tourist visas. These are the basics for the tourist visa.
If you are married to a Thai and have registered your marriage in Thailand then you can now live in Thailand with your Thai wife or husband if you meet the financial requirements for the marriage visa or Thai "O" visa. These are the basics for the visa and how best to obtain the visa if you already live in Thailand.