FAQ — Purchasing Land in Thailand

Abstract — Frequently asked questions when purchasing land in Thailand are briefly answered in English in this contribution below. For more details on certain topics, links are given to URLs or references to printed publications.
Zusammenfassung — Häufig gestellte Fragen bei Grundbesitz und Grunderwerb in Thailand werden in knapper Form in Englisch im folgenden Text beantwortet, in Deutsch jedoch in einem separaten Beitrag: Grunderwerb in Thailand.
1. CAN FOREIGNERS OWN LAND IN THAILAND?
Foreigners are not allowed by Thai law to own land. There are a few exceptions if one invests millions of dollars in Thailand, and if a foreigner has become a Thai national, but these solutions are reserved to a minority of people and are not dealt with herein. However, there are a few routes for foreigners to acquire possession and to achieve control over landed property, including freehold ownership over a house built on a land, but not freehold ownership over that land. There are 4 types of contracts that should come into consideration for holding land: leasehold, company formation, usufruct, and mortgage or loan.
Leasehold (1), usually for 30 years (2) and with optional extension;
Formation of a Thai limited company (3) (with less than 50% of shares hold by foreigners), which is a legal entity separate from its shareholders and directors, and the company owns the assets, e.g. land;
Usufruct (4), usually for lifetime (5).
These types of contract can be used (alone or some of them in combination) as a route to land "ownership".
Mortgage (6) does not imply the usage of a mortgaged land by the mortgagee, but can provide some extra control when applied in combination with the aforementioned routes.
Please refer to the following main source (in English) for exhaustive details: a) search in Thaivisa.com and its Real Estate Forum for relevant contributions; b) a sample of a leasing agreement.
_________________
(1) การเช่า Kan-chao (in English phonetic transcription: 'garn-chao').
(2) การเช่ามีกำหนด ๓๐ ปี Kan-chao mi kamnot samsip pi (in English phonetic transcription: 'garn-chao mee gum-nord sarm-sib pee').
(3) บริษัทจำกัดในประเทศไทย Borisat chamkat nai Prathet Thai (in English phonetic transcription: 'bori-sut charm-gut nai pratayt tie').
(4) สิทธิเก็บกิน Sitthi-kep-kin (in English phonetic transcription: 'sitee-keb-kin').
(5) สิทธิเก็บกินตลอคขีวิต Sitthi-kep-kin talot chiwit (in English phonetic transcription: 'sitee-keb-kin talord cheewit').
(6) การจำนอง Kan-chamnong (in English phonetic transcription: 'garn-chum-nong').
2. IS THERE ANY TITLE DEED FOR LAND?
There are different types of land title documents. The highest ranking title is called โฉนดที่ดิน (Chanot-thi-din, in English phonetic transcription: 'Janod-tee-din'), or short โฉนด (Chanot). It is a true land title deed that guaranties freehold and other rights (e.g. leasehold, mortgage, usufruct), and is issued by an office of the Land Department. In rural areas there is often found land with น. ส. ๓ ก. (N. S. 3 K.) and น. ส. ๓ (N. S. 3) land documents (in English phonetic transcription: 'Nor Sor Sahm Kor' and 'Nor Sor Sahm'). These are lower ranking but they can be used in almost the same way as the chanot document. There is land vested with further types of documents, and even without any documents, and obtaining ownership over such land should generally not be considered. More details on land title documents in Thailand under Baan Sammi Blogs, or under Baan Sammi Briefcase 4.
3. WHAT ARE THE UNITS OF AREA MEASUREMENT?
There are three units: rai, ngan and tarang-wa.
1 rai = 4 ngan = 400 tarang-wa = 1,600 square meters = 0.16 hectares = 1,914 square yards = 0.4 acres
1 ngan = 100 tarang-wa = 400 square meters = 478 square yards
1 tarang-wa = 4 square meters = 43 square feet = 4.8 square yards
1 square yard = 0.84 square meters = 0.21 tarang-wa
1 acre = 4,047 square meters = 2.53 rai
In adverts, a common abbreviation such as 4‑2‑12 means 4 rai, 2 ngan and 12 tarang-wa, or 4.53 rai.
Further information on units of area measurement under Baan Sammi Briefcase 4, area conversion online under convert-me.com.
4. WHAT IS THE EXCHANGE RATE OF THAI CURRENCY?
The currency in Thailand is called Thai Baht (THB), or short Baht. Below is given the interbank exchange rate (ask price) for different calendar years, first the average rate, then the highest and lowest rates.
EUR (2008) ... Euro to Baht = 1 : 48.8 --- 54.1 --- 43.5
EUR (2007) ... Euro to Baht = 1 : 44.5 --- 47.5 --- 41.1
EUR (2006) ... Euro to Baht = 1 : 47.7 --- 49.5 --- 46.1
EUR (2005) ... Euro to Baht = 1 : 50.1 --- 52.9 --- 48.1
EUR (2004) ... Euro to Baht = 1 : 50.1 --- 53.3 --- 46.8
EUR (2003) ... Euro to Baht = 1 : 47.0 --- 49.9 --- 44.3
EUR (2002) ... Euro to Baht = 1 : 40.7 --- 45.5 --- 37.8
EUR (2001) ... Euro to Baht = 1 : 39.9 --- 41.6 --- 38.2
EUR (2000) ... Euro to Baht = 1 : 37.1 --- 40.9 --- 34.4
EUR (1999) ... Euro to Baht = 1 : 40.4 --- 43.9 --- 37.6
CHF (2008) ... Swiss Franc to Baht = 1 : 30.8 --- 33.6 --- 26.3
CHF (2007) ... Swiss Franc to Baht = 1 : 27.1 --- 29.5 --- 24.9
GBP (2008) ... British Pound to Baht = 1 : 61.5 --- 67.7 --- 51.1
GBP (2007) ... British Pound to Baht = 1 : 65.1 --- 70.6 --- 60.1
USD (2008) ... US$ to Baht = 1 : 33.3 --- 35.5 --- 28.9
USD (2007) ... US$ to Baht = 1 : 32.5 --- 36.1 --- 29.1
CAD (2008) ... Canadian $ to Baht = 1 : 31.3 --- 33.7 --- 27.4
CAD (2007) ... Canadian $ to Baht = 1 : 30.4 --- 34.8 --- 27.6
AUD (2008) ... Australian $ to Baht = 1 : 28.3 --- 33.1 --- 21.6
AUD (2007) ... Australian $ to Baht = 1 : 27.2 --- 29.8 --- 25.3
Online currency converter under oanda.com.
5. WHAT ABOUT THE LAND TRANSFER FEES/TAXES?
Apart from the sale price, there are fees and taxes that have to be paid whenever a property is bought or sold. Because of the complex and locally different taxing system, it is difficult even to estimate the amount that has to be paid. According to my experience, the amount due is low (in the district of Doi Saket) as compared to the sale price, usually much lower than 5%. These fees/taxes have to be paid cash at the office of the Land Department while executing the transfer and issuing the documents. Only two items (out of about 10) affect the amount considerably: a) registration fee (ka-jod-tabien) of 2% (in Doi Saket!) of the assessed value of the land, b) taxes (ka-pa-see) 0.5-3%. The amount of the registration fee depends on the assessed value (determined by the Land Department), not on a market value or the sale price, whereas the tax amount depends either on the assessed value or the sale price, whichever is higher. The assessed value may differ considerably, e.g. half or double of the sale price. Further, there are several exemptions from paying property sales tax. It is recommended that the buyer and seller agree beforehand upon who has to pay for the fees and taxes, and this agreement should be included as a paragraph in the sales contract. It is common that both parties pay 50% each, but not uncommon are also the following agreements: seller 100%, or buyer 100%; and uncommon but possible is the agreement that the buyer pays 100% of the transfer fees and the seller 100% of the taxes.
6. WHAT EXTRA EXPENSES SHOULD I CONSIDER WHEN BUYING LAND?
Apart from the sale price, land transfer fees and tax, the following expenses should be considered (but are not relevant in every case): Lawyer (2,000-15,000 Baht), soil to fill up the land (60,000-150,000 Baht per rai), bridging a small water ditch or canal to get access to the land (6,000-12,000 Baht), connection to a nearby water pipe (2,000-5,000 Baht), connection to a nearby 220 V electricity line (2,000-5,000 Baht), connection to a nearby telephone line (6,000-25,000 Baht).
7. WHAT SHOULD I CHECK UP IN A PROPERTY?
Prior to buying a land, with or without a house on it, you should check up chiefly the following issues:
Area and location: peaceful area, drug area, squatter locations; area prone to flood; area with noisy karaoke-shops, noisy factories and manufactories, noisy neighbors; location exposed to traffic noise, area exposed to air-pollution from traffic, location exposed to bad smell from nearby factories, crematory, pig farm, chicken farm, garbage deposits or often burning down garbage; views to the surroundings; possibility of future negative change in the location and area.
Roads: passable by motorbike, saloon car, pick-up and truck; sections of roads subject of flood; proximity/distance to main roads, shops, restaurants, hospitals, markets, supermarkets and to the city; traffic jam during rush hours in city areas you have to pass through; access to the land by a private or public road.
Technical infrastructure: mains electricity (220 V) line and distance to connect with; mains water pipe (village water) and distance to connect with, supplementary private water storage facilities, necessity of drilling a well and constructing an irrigation system; telephone line and distance to connect with, mobile phone signals strong enough.
Characteristics of the land: subject to flood during raining season, necessity to fill up the land with soil, necessity of drainage, quality of soil (juvenile prime land or ready filled-up land with garbage deposits under the surface); fencing the boundary; bridging a public canal along the boundary to get access to the land.
Characteristics of an existing house: foundation and construction defects; wood decay caused by termites, and fungus on walls; leaking water pipes, insufficient drainage of rain water, leaky roof and defect ceiling.
Legal: high-ranking chanot, proof that the title deed represents that specific land in the real, boundary poles invisible (buried), or visible but not corresponding in number or location as shown from the title deed (re-measurement of the boundary should be considered); if more than one owner, do all agree to sell or not; do the buildings on the land belong to the owner of the land or to somebody else (check house documents); are there any rights on the land in favor of somebody else or not.
8. WHY TO FILL UP THE LAND WITH SOIL?
Most of the land offered is plain rice fields. Even without any irrigation from canals, rain will wet the field and make it temporarily impassable. Consequently, one should fill up the land with soil, at least some parts of it, to raise the level, generally the access and driveway to the same level as a sealed road nearby. Further, the base level of the house is best to be somewhat (e.g. 10-40 cm) higher than the driveway, for better drainage, and the garden around the house and driveway a little bit lower than the driveway, but higher than the level of the rice field, to plant and grow trees successfully. Most of the rice fields offered show a level which is between 50 and 100 cm lower than a nearby country road. Hence an average fill-up will reach up to 100 cm height, for which one should calculate costs for delivered soil of between 60,000 and 150,000 Baht per rai. I recommend to buy delivered soil (cheap soil from deeper ground, suitable for driveway and base for the house), and, for rising the level of the garden, to drag soil out of a part of the own land to form a pond.
9. IS IT BENEFICIAL TO BUY LAND WITH A READY-BUILT HOUSE OR TO BUY PLAIN LAND AND BUILD MY HOME THROUGH A CONTRACTOR AND ARCHITECT?
In nearly all cases it is considerably cheaper to buy plain land and to plan the house by yourself, and choose the right architect and contractor. Also, it is most often considerably cheaper to buy plain land plus soil to fill up the land, rather than ready filled-up land, and ready plots in real estate compounds. An architect and contractor are necessary, and, in addition, a manager/translator permanently throughout the process of building the house, otherwise you will unlikely get what you want.
9a. Please, take into consideration that building a house in Thailand, and trying to approach a nearly Western quality standard, can become a nightmare, especially if you are not aware of the way how Thai people behave and act, and if you lack basic knowledge and practice in planning and construction of a house. Do read some contributions on this topic in the Thailand Forum, e.g. "Having a House Built" by KhunDennis who summarizes that "getting [his house] done has to be the worst experience of [his] life, no question about it. One totally frustrating experience after another. Dealing with people with a childish attitude, poor work ethics, lack of concern for quality, and contractors losing interest in the project when nearing completion ...".
10. DO I NEED A LAWYER FOR PURCHASING LAND?
There is no Thai law stating that you must have a lawyer for executing the legal transfer of land, or for setting a lease or usufruct, or to encumber a land with mortgage, or for similar legal actions. If the buyer and seller agrees on all details, have a written sales contract (in Thai language), have all necessary documents available, e.g. Thai identity card and family paper, then you can just show up at the relevant land office of the Thai Land Department, probably in most cases without a prior appointment date, and apply there for the land transfer which, in simple cases, will rarely take more than two hours to be done. For the sales contract in Thai, you may use a standard form that can be bought from any stationary shop, or seen from the online Baan Sammi Briefcase 1. For your free private use, a tri-lingual sales contract (Thai, English, German) can be found in the same Briefcase, too. Although it seems to be very simple to execute the legal transfer of land at the land office without the assistance of a lawyer, I would only recommend you to do so if your Thai wife purchases the land and you are foreigner, if you can read and speak Thai and fully understand what's going on, and if you both have thoroughly checked and ruled out any legal or other restrictions of the land to buy. In all other cases, a lawyer should be consulted and probably engaged, especially if there are any uncertainties of current ownership of the land, uncertainties of its boundaries, or if you want to settle a 30 year lease, just to mention a few examples. Further, clearly instruct the lawyer what you want him to do, and require confirmation and proof. You should expect to pay for his service an amount between 5,000 and 15,000 Baht, or even more for extensive tasks. Usually, the first consultation is free-of-charge. As I wish to stay independent, I restrain from recommending a certain lawyer. To clients, who I know in person, or whom I am in contact for a sufficiently long time, a selective list of lawyers in Chiang Mai is available on request.
11. MOSQUITOES — HOW TO MINIMIZE OCCURRENCE OF MOSQUITOES THROUGH HOUSE LOCATION AND CONSTRUCTION
Mosquitoes do occur in the Chiang Mai plain, adjacent hills and mountains, but hardly occur excessively aggressive or in very large and crowded populations. Seasonal differences in their occurrence are not very pronounced, but you should expect more populations to occur during raining season, whereas daily occurrence is mostly confined to hours in the morning and, more numerous, to one or two hours in the evening. One should expect mosquitoes to occur more frequent on the countryside with their huge rice fields and irrigation canals rather than in urban areas. However, it seems the contrary to be more likely. Probably there are more mosquitoes breeding and surviving in some low urban areas with puddles and widely dispersed garbage, where surface water cannot drain easily. Hence there is hardly to deduct a general rule for best locating a house, but a location exposed to sun and wind probably achieves a better protection against mosquitoes than a shady one without any breeze. Areas with ponds and rice fields are usually inhabited by birds, fish and many other animals that won't mind to have mosquito larvae as their diet. Ponds should have a steep bank and no flat water level areas. The water level may vary considerably over the months, due to heavy rain fall, long pronounced dry season, and irregular amount of water supply in the irrigation canals. All these are not good conditions for mosquito larvae to develop. A house should be built on a (much) raised level against its immediate surroundings. A veranda or balcony on a first floor will rarely visited by mosquitoes whereas a ground-floor terrace will be unusable to humans without extra protection measures in the evening. Any out-door sitting area should be built in a way that causes air moving like in an air channel, and be supplemented by a fan. Mosquito screens are necessary on all windows and exterior doors at ground-level and recommended on the upper floor. In case you wish to design a garden unfriendly to mosquitoes, then follow these rules: The garden should be sunny, containing not many plants, these far away from the house (e.g. by a wide spaced terrace, areas with gravel), avoid any dark colours, choose white and light colours, plant species of trees with an open crown rather than with tight foliage, restrain from ground-cover plants, do prefer drought-resistant and succulent plants which hardly need watering.
12. VIEWS — WHAT SHOULD I CONSIDER IF VIEWS ARE A MAJOR CRITERION FOR PURCHASING A PROPERTY?
If you wish to get, and keep, a good view from house and garden beyond the plot boundary, then location, size, shape and exposition of a plot of land should be considered carefully. Far view is best during late rainy season and succeeding early cool season, whereas during some time in hot season you might not be able to see Doi Suthep / Doi Pui from nearby areas (e.g. even not from the city of Chiang Mai) due to air pollution.
Location within the Chiang Mai basin: Most plots of land are offered for sale within the flat, long and wide Chiang Mai basin. From many locations within this basin, you can see the eastern mountain range and foot-hills, the western mountains including Doi Suthep / Doi Pui, and the northern hills. Views are more restricted within the middle and more southern basin area, and the basin's margins are best for a year-round view to the nearby mountains. Most people favor a view during the afternoon and evening, when there is more free time available, over a view during the morning. If so, a view towards east and north is more appreciated than a view towards west, as the latter means a view against the sun. In the evening, the eastern mountain range and northern hills are often wonderfully illuminated by the setting sun, whereas the sunset over Doi Suthep / Doi Pui in the west is early and short, and dazzling the eyes, but can be fascinating, too. Given these facts, the most preferred locations (within the basin) for best mountain views are those in north-eastern San Sai district and in Doi Saket district on the left side of Chiang Mai - Doi Saket road (#118), and to some extend on the right side of that road. In our map, this area is marked by the grid values C6—E8—D10—B8—C6.
Location on the foot-hills around the Chiang Mai basin and beyond: If you are located very close to the foot-hills, or within the mountains, you might have the advantage of an astonishing view segment, or even panoramic view, to nearby slopes, hills, or into a valley, but you rarely can see the more remote mountains and mountain ranges. There, every location has its individual view potential. In the map, areas with good individual views in the north and east are beyond the line C2—B8—F11—L11, and areas in the mountainous west of Hang Dong, M0—J1.
Size, shape and exposition of land: Establishing buildings and growing trees on neighboring land can cut any views. A large size of the own land, the right shape and exposition can help to lower the risk of views to be cut.
Further measurements to keep views is to built a two-storey house rather than a single storey house, to keep a view corridor by digging a large and long pond, and by purchasing the neighboring rice-field.



