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Registering Property in

Thailand

Below is a detailed summary of the steps, time and cost involved in registering property in Thailand. It assumes a standardized case of an entrepreneur who wants to purchase land and a building that is already registered and free of title dispute.

This information was collected as part of the Doing Business project, which measures and compares regulations relevant to the life cycle of a small- to medium-sized domestic business in 190 economies. The most recent round of data collection was completed in June 2016.

Compare Thailand to 189 other economies.

  • Measure of efficiency
    No. Procedure Time to Complete Associated Costs
    1

    Conduct title search

    Agency: Land Office

    The buyer conducts the title search at the Land Office.

    1 day THB 10
    2

    Obtain certified copies of companies’ documents from the Ministry of Commerce

    Agency: Ministry of Commerce

    Parties obtain from the Ministry of Commerce the following documents:
    • Companies' Affidavits confirming the name, address, the amount of registered capital, names of directors and the authorized signatories. (THB 100)
    • Certified copies of the Memorandum and Articles of Association of each party (THB 50 per page, cost of certification)
    • List of shareholders of the company from the Ministry of Commerce to prove their nationality.

    On average, the Memorandum of Association (MoA) has 2 pages and the Articles of Association (AoA) about 5 pages.

    1 day THB 200 (Affidavits) + THB 700 (MoA, AoA)
    3

    Lawyers prepare the sale agreement and the parties sign it

    Agency: Lawyer's office

    It is common to require the services of an attorney to transfer the property. After conducting the due diligence, the lawyer drafts the sale agreement and the parties sign it

    3 days Approximately THB 100,000
    4

    Parties submit the application for the registration at the Land Office

    Agency: Land Office

    The seller and the buyer, or their representatives, must go to the Land Office where the land is located, and submit an application to register the sale of the land and the buildings thereon.

    The Land Officer checks all the documents (from both the seller and the buyer) submitted with the application. He will also compare the original title deed with the original copy kept at the Land Office. All information in both original title deeds must be the same. If everything is consistent, he will proceed with the registration of the transfer of ownership. An official sales agreement is prepared and signed by the authorized representatives of the seller and buyer. The officer then records the sales transaction at the back of the original land title deeds (both the land owner's and the Land Office's copies).

    The Land Officer calculates all the registration fees and expenses and asks the parties to pay and submit to him the receipts. The registration fee is 2% of the appraised value calculated by the Bureau of Property Valuation (GAV) and announced by the Treasury Department, Ministry of Financed every 4 years (Government Appraised Value (GAV)).

    The seller has to pay a 1% withholding tax on sale price or GAV - whichever is higher. (Seller may apply this as a credit towards their corporate income tax on any capital gain). As the seller is a company, withholding tax is calculated on the greater of the appraised value and the sale price.

    The seller has to pay stamp duty, which is 0.5% of the appraisal value if holding period for the individual is more than 5 years. If not, the transfer will be subject to the Specific Business Tax (SBT). This SBT implies that the Seller has to pay 3.3% of the appraisal value or the sales price, whichever is higher. The 3.3% SBT includes a 0.3% municipality tax.

    The SBT is imposed on persons who sell their property for trade or a profit-seeking purpose. Companies who sell real property in Thailand are deemed to be selling for trade or profit and are subject to specific business tax. Even if a company sells property in order simply to move to a new place, it is still deemed to have sold for a trade or profit seeking purpose.

    Accordingly, the company who is the seller in this example will be subject to SBT. The registration fee, withholding tax and SBT are collected by the Land Office. The cheques for the taxes are payable to the Ministry of Finance but collected by the Land Office.

    The Land Officer then attaches the receipts to the application, and submits all documents to the Chief in charge who is authorized to approve the registration of the transfer. Once the registration is approved, it is deemed completed. The seller will receive one copy of the registered sale agreement. The buyer will receive another copy of the registered sale agreement and the original Land Title Deed.

    The Seller will need to produce the construction permit and household registration of the building as evidence to transfer the building.

    1 day 2% of appraised value (registration fee) + 1% of sale price or appraised value, whichever is higher (withholding tax) + 3.3% of sale price or appraised value, whichever is higher (Specific Business Tax)

  • Measure of quality
    Answer Score
    Quality of the land administration index (0-30) 15.0
    Reliability of infrastructure index (0-8) 1.0
    What is the institution in charge of immovable property registration? Bangkok Land Office
    In what format are the majority of title or deed records kept in the largest business city—in a paper format or in a computerized format (scanned or fully digital)? Paper 0.0
    Is there an electronic database for checking for encumbrances (liens, mortgages, restrictions and the like)? No 0.0
    In what format are the majority of maps of land plots kept in the largest business city—in a paper format or in a computerized format (scanned or fully digital)? Paper 0.0
    Is there an electronic database for recording boundaries, checking plans and providing cadastral information (geographic information system)? No 0.0
    Is the information recorded by the immovable property registration agency and the cadastral or mapping agency kept in a single database, in different but linked databases or in separate databases? Separate databases 0.0
    Do the immovable property registration agency and cadastral or mapping agency use the same identification number for properties? Yes 1.0
    Transparency of information index (0–6) 4.5
    Who is able to obtain information on land ownership at the agency in charge of immovable property registration in the largest business city? Only intermediaries and interested parties 0.0
    Is the list of documents that are required to complete any type of property transaction made publicly available–and if so, how? Yes, online 0.5
    Link for online access: http://www.dol.go.th/dol/index.php?option=com_content&task=view&id=18&Itemi...
    Is the applicable fee schedule for any property transaction at the agency in charge of immovable property registration in the largest business city made publicly available–and if so, how? Yes, online 0.5
    Link for online access: http://www.dol.go.th/dol/images/medias/dol/dol/pdf/news35.pdf and http://w...
    Does the agency in charge of immovable property registration commit to delivering a legally binding document that proves property ownership within a specific time frame–and if so, how does it communicate the service standard? Yes, online 0.5
    Link for online access: http://110.164.128.67/download/web/pepc.html
    Is there a specific and separate mechanism for filing complaints about a problem that occurred at the agency in charge of immovable property registration? Yes 1.0
    Are there publicly available official statistics tracking the number of transactions at the immovable property registration agency? Yes 0.5
    Number of property transfers in the largest business city in 2015: 65,486
    Who is able to consult maps of land plots in the largest business city? Only intermediaries and interested parties 0.0
    Is the applicable fee schedule for accessing maps of land plots made publicly available—and if so, how? Yes, online 0.5
    Link for online access: http://www.dol.go.th/dol/images/medias/dol/dol/pdf/news35.pdf
    Does the cadastral or mapping agency commit to delivering an updated map within a specific time frame—and if so, how does it communicate the service standard? Yes, online 0.5
    Link for online access:
    Is there a specific and separate mechanism for filing complaints about a problem that occurred at the cadastral or mapping agency? Yes 0.5
    Geographic coverage index (0–8) 4.0
    Are all privately held land plots in the economy formally registered at the immovable property registry? No 0.0
    Are all privately held land plots in the largest business city formally registered at the immovable property registry? Yes 2.0
    Are all privately held land plots in the economy mapped? No 0.0
    Are all privately held land plots in the largest business city mapped? Yes 2.0
    Land dispute resolution index (0–8) 5.5
    Does the law require that all property sale transactions be registered at the immovable property registry to make them opposable to third parties? Yes 1.5
    Is the system of immovable property registration subject to a state or private guarantee? Yes 0.5
    Is there a specific compensation mechanism to cover for losses incurred by parties who engaged in good faith in a property transaction based on erroneous information certified by the immovable property registry? No 0.0
    Does the legal system require a control of legality of the documents necessary for a property transaction (e.g., checking the compliance of contracts with requirements of the law)? No 0.0
    If yes, who is responsible for checking the legality of the documents? .
    Does the legal system require verification of the identity of the parties to a property transaction? Yes 0.5
    If yes, who is responsible for verifying the identity of the parties? Registrar.
    Is there a national database to verify the accuracy of identity documents? Yes 1.0
    For a standard land dispute between two local businesses over tenure rights of a property worth 50 times gross national income (GNI) per capita and located in the largest business city, what court would be in charge of the case in the first instance? Civil Court
    How long does it take on average to obtain a decision from the first-instance court for such a case (without appeal)? Between 1 and 2 years 2.0
    Are there any statistics on the number of land disputes in the first instance? No 0.0
    Number of land disputes in the largest business city in 2015:
    Equal access to property rights index (-2–0) 0.0
    Do unmarried men and unmarried women have equal ownership rights to property? Yes 0.0
    Do married men and married women have equal ownership rights to property? Yes 0.0