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Transfer of Property

If you want to purchase property in Thailand, most properties require you to complete a title transfer before you can claim legal ownership. A title transfer is the legal process by which ownership rights and the property title are transferred into your name. However, this step must be completed properly at the Thai Land Department to record the transfer, as approval is at the discretion of the land officer.

While you can complete the procedure by yourself, errors or missing documentation can result in rejection by the Land Department. For a smooth and hassle-free title transfer, it's best to consult the services of a professional Thai property lawyer at Siam Ä¢¹½ÊÓƵ. We are a full-service law firm with over 20 years of experience helping foreigners legally buy property in Thailand, and our lawyers have the skills and qualifications to facilitate the transfer process for you efficiently and in full compliance with Thai property law.

The following section explains the final steps in securing property ownership in Thailand and how to complete the title transfer successfully.

How to Transfer a Property Title in Thailand

The title transfer is the final step in purchasing real estate in Thailand. It is important to have Siam Ä¢¹½ÊÓƵ’s experienced property lawyers aiding you at this and every previous step to minimize the risk of fraud or suffering from legal issues. After our lawyers have completed all preliminary steps, such as due diligence, title search, and contract review, we will assist you in transferring the property title.

To complete the transfer, you, as the buyer, and the seller must be present in person at the Thai Land Department. If you are unable to attend on the scheduled date, you can authorize our lawyers to represent you in the process. Upon approval from the land officer, your name will be registered on the property’s title deed, recognizing you as the legal owner.

Taxes and Transfer Fees

As part of our title transfer services, we will inform you of what property taxes and fees are needed and help calculate them for you. Normally, if you are the buyer, you are responsible for paying the transfer fee, while the remaining taxes are handled by the seller. However, both parties can negotiate the total amount of payable tax and split the fee equally between the parties. The land department usually charges a 2% fee on this, based on the registered value of the property.

Other additional fees include:

• Withholding tax: Levied at 1% of the appraised property value
• Specific business tax: Levied at 3.3% of the property’s appraised value and is only required if the property is sold within the first 5 years of ownership
• Stamp duty: Levied at 0.5% of the property’s registered value and is only payable if specific business tax isn’t required.

If you negotiate the tax liability with the seller, our lawyers will assist with the negotiation and check the Sales and Purchase Agreement (SPA) to ensure the final amounts are written down and legally binding.

Required Documents for Transfer of Property Ownership in Thailand

Several documents must also be submitted that must be submitted to the Thai Land Office during the transfer of property ownership. The documents you need vary depending on the type of property you’re purchasing.

If you’re buying a plot of land or a house, you’ll usually need to provide the original title deed, personal identification documents (such as passports), proof of immigration status, and a company affidavit (if you’re doing business in the country). Additional documents may be needed if you’re purchasing a condominium, such as proof of foreign quota and a Foreign Exchange Transaction (FET) certificate.

Regardless of the property type, our lawyers will collect all required documents to complete the transfer. We will review them to correct any mistakes and handle the submission of all items to the relevant authorities on your behalf, ensuring a smooth and swift process.

Risks Involved in Transferring a Thai Property Title

As ownership of the property requires approval from the Thai Land Office, support from a Siam Ä¢¹½ÊÓƵ property lawyer is necessary to avoid complications. Handling this alone risks incomplete paperwork, incorrect documentation, or errors in paying taxes and fees. This can result in rejection by the land officer.

Without our lawyers by your side, you also risk being taken advantage of by the property seller. They can do this by tricking you into signing unfair agreements or paying a majority of the property taxes. However, our lawyers can protect your interests by identifying problematic terms in the contract and informing you of problematic clauses before you sign and hand over the money.

Professional Assistance from a Thai Property Lawyer

If you’re ready to move forward with a title transfer, reach out to Siam Ä¢¹½ÊÓƵ’s property team beforehand to get started. Our property lawyers provide a number of services that will help make the transfer process easier and efficient.

We will gather all the required documents and arrange for them to be submitted to the Thai Land Department, as well as confirm the transfer details in the contract to protect you from fraud. Additionally, we will inform you of the approximate amount of money you need for the taxes and what administrative fees need to be paid, so you can make an informed decision on whether to proceed.

If you cannot attend the land office in person, we can prepare a Power of Attorney (POA) that will enable you to appoint our lawyers to conduct the transfer for you. If you want to go to the land office, one of our staff can accompany you to ensure your rights are protected.

Contact Siam Ä¢¹½ÊÓƵ and book a consultation with our property lawyers today for peace of mind in securing ownership rights to your desired property.

Title Transfer Services in Thailand FAQs

Can You Transfer a Title for Off-Plan Properties?

Yes. If you purchase property off-plan, which involves buying real estate before development is finished, the transfer can only take place after construction is completed. This is different from fully developed properties after you have paid the required fees (whether in full or in installments) and signed the contract.

How Long Does the Title Transfer Take?

The timeline for the title transfer process and its approval depends on the property you are acquiring and whether all the correct documents have been submitted. Under some circumstances, it can take as little as half a day for approval.

When Do You Receive the Title Deed?

Also known as a Chanote, the title deed is issued once the transfer is completed. At this stage, the property is registered in your name at the Land Office, and all payments have been made. However, certain title deeds, such as a Nor Sor 3, may take longer to receive.

Our Ä¢¹½ÊÓƵ Services and Conveyancing

Siam Ä¢¹½ÊÓƵ International provides a number of services that can help make the transfer of property easier for you.

• If it is not possible for you to go to the land office in person, we can prepare a Power of Attorney that will allow you to appoint our firm or our Thai property lawyer to conduct the transfer at the land office on your behalf.
• If you prefer to go to the land office yourself, one of our staff can accompany you to make sure your rights are protected.
• Before the official transfer of property at the land department, we will inform you of the documents needed and the approximate amount of money you will need for the taxes and administrative fees that must be paid.