Property conveyancing is the legal process that takes place when lawful ownership is obtained of immovable property. Each time a property is sold, a new transfer deed must be drawn up and registered. This ensures the security and certainty of an owner's title to their property.
If you are trying to settle a property dispute, need help with litigation regarding a property, or want to take over a property, it is advised to hire a property lawyer to help you navigate the property conveyancing process. A lawyer will help you understand the terms and conditions of a contract as well as make sure the contract conditions are respected. Additionally, if a client is dealing with a problematic tenant or landlord, a lawyer can offer advice on how to resolve any issues.
Before going into the property conveyancing process, it is worth mentioning the Civil and Commercial Code of Thailand (CCC). Because Thailand is a civil law country, the Thai Supreme Court opinions have a strong persuasive value as the source of all areas of Thai law, including real estate.
The Civil and Commercial Code is perhaps the single most crucial law when it comes to real estate sales in Thailand. Besides governing contracts, the CCC also creates ownership of immovable property and dictates its transfer. It also makes and controls the various rights that may be registered over immovable property, such as mortgage, lease, superficies, usufruct, charge, and servitude.
The Conveyancer will be responsible for always protecting the interest of his client. Keeping the client up to date with the conveyancing process and informed of the progress of the transaction
Advice on the content of the Offer to Purchase and advise on the cancellation of his bond, any penalties, notice periods, and other administrative charges which may affect the settlement figure
Obtaining the client's instruction before issuing any guarantees regarding the transaction and registering the transaction on or as close as possible to the date agreed to in the offer to purchase.
Advise the seller on his obligations regarding the offer to purchase to ensure that the transfer is not delayed.
Explain and have the client sign the necessary documentation to conclude the transaction, including the deeds for lodgement to minimise the risk of rejection of the documentation by the Deeds Office.
Inform the client of the transfer on the day of registration and inform them of the finances relating to the transaction within two days after registration.
The first thing a property lawyer is responsible for is doing an accurate property title search. This ensures that the potential purchase is legal and prevents fraudulent and illegal real estate transactions, leading to fines and or jail time. The lawyer must complete due diligence of the property.
Due diligence means that the lawyer must confirm that the sale of the property is legal. In that, the seller is allowed to sell the property before a purchase is made. This includes gathering information about the chosen property by physically inspecting the land, building permits, and any other relevant documents. The lawyer should also contact local courts to review any property buyer and seller records.
The next job of the property lawyer is to facilitate the transfer of the property title correctly, as errors may delay or even lead to the transaction being cancelled. Specifically, the lawyer will be supervising the following when transferring the title by ensuring all the required fees are paid to the Land Department. The taxes and transfer fees needed are paid directly to the Land Office in Thailand. Should the buyer not be able to do this in person, the lawyer can be authorised to do so by power of attorney.
When a foreign individual decides to purchase a property in Thailand, the funds usually come from a foreign source and not from within Thailand itself. One of the reasons for this is that the Thai government wants to increase the amount of foreign currency in the Kingdom. Due to this, there is a need for a Foreign Exchange Transaction Certificate (FETC).
The FETC is precisely needed when the property will be transferred to and registered under the name of the foreign national. This certificate provides proof that the funds required to purchase the property have come from abroad and that the foreign buyer is complying with the requirements for bringing funds into Thailand.
To be considered valid, the form must contain the amount in foreign currency, the amount converted to, and in Thai Baht, the names of the fund’s sender and receiver, the intended use of the transferred funds.
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In conclusion, property conveyancing in Thailand is similar to the rest of the world. However, just like in the rest of the world, it can be tricky for those unfamiliar with it, especially if the buyer is not a Thai native. A Thai property lawyer will ensure that the client follows all the requirements laid out by the Civil and Commercial Code of Thailand are carried out correctly, and everything is done in accordance with Thai law, including due diligence is conducted, drawing up sales contracts, and the transfers of foreign currency. Keeping the client up to date and informed throughout the process.
Many people flock to Thailand for tourists wanting a sunny vacation. The country has become a popular location for anyone interested in property investment. Foreigners purchasing condos, in particular, has become a popular trend.
At the moment, Thai property laws don’t allow foreigners to buy property in Thailand. However, there are ways that foreigners can legally purchase a condo in Thailand. Thailand’s Condominium Act doesn’t have as many restrictions for foreigners buying condos.
Thailand’s Condominium Act was first passed in 1979, and since then, the Act has been amended three times. The Thai government created these amendments to ensure that the law stays relevant to the practices of the private development sector.
The government made the latest amendment to Thailand’s Condominium Act in July 2008. This amendment gave condominium owners extra protection and made the existing protection measures more effective.
Under the Thailand Condominium Act, a condominium is a building that can be separated into different units that people can purchase. Condos can include personal and shared properties.
The Act doesn’t specifically outline any details about the requirements for a property to be identified as a condominium. A building can be considered a condominium as long as it can keep ownership separate from the area. Each site will have joint ownership in the common property and private property ownership with a condominium.
The condominium doesn’t need to adhere to specific space or height requirements. According to the Condominium Act, there isn’t a required minimum amount of condominium units that buildings need to have.
However, under the City Planning Act and Build Control Act, buildings in Thailand have to comply with zoning regulations. For example, if you own property in region X, the Build Control Act might restrict you to only constructing a single-one level building that’s no higher than six metres.
In this same example, the Build Control Act might restrict the total building area to a maximum of 75 square metres. The Build Control Act might also require that the space around the building isn’t less than 75% of the land.
There are a few ways foreigners can be considered suitable for buying a condo in Thailand. Below are the following ways foreigners can be eligible for purchasing a condo in Thailand.
For foreigners who are considering purchasing a condo in Thailand, there are plenty of laws that they will need to consider. Today, the fundamental laws that foreigners need to consider are the following:
There are other laws that foreigners might need to consider when buying a condo in Thailand. These different laws will mean that you need to consult a property lawyer to assist you with the other legalities in the buying process.
Before you finalise any condo purchase, you should consult a property lawyer. A lawyer will be able to assist you with the legalities of buying a condo in Thailand.
A lawyer will also be able to conduct background checks on the building and the seller. In some cases, you might need a lawyer who will also be helpful if you have to deal with a big problem with buying a condo in Thailand.
When looking for a condo in Thailand, there are different ways that you can go about it. You can choose other methods depending on your situation.
You can get in touch with a real estate agent and ask them to assist you with finding a condo that suits your needs. Agents are a handy resource for foreigners looking to buy a condo in Thailand.
Agents will often be connected to sellers, and they will work on advertising both old and new properties. Usually, an agent will give you a list of condos that will fit your budget and your needs. They might even assist with applying for a loan from a bank.
Contacting a real estate agent will save you a lot of time and hassle. You won’t have to pay for a real estate agent to help you look for a condo. The agent will get paid from the percentage of the money they get from when the condo is sold.
Another way to find a condo in Thailand is to search online. Searching online is possibly the easiest way to find a condo to buy in Thailand.
You can even search online to find a real estate agent in Thailand to assist you. Plenty of real estate agents will showcase their information on their websites.
Many real estate websites will advertise condos as an investment. Because investments are often seen as investments, most websites will showcase condos in affluent or good locations.
The websites will also share how you will be expected to pay for booking fees and down payments. Just keep in mind that what you see online might not be accurate, so it will be best to visit the condo before you make the purchase.
When you’re searching offline for a condo to purchase in Thailand, it’s always best to do your research in person. You can do this by visiting the showrooms of new property developments. You can contact the office staff for older properties and inquire about buying options.
There will be a salesroom built for new condos under construction, especially with showrooms for prospective condo owners. Older buildings will also have information boards for owners to share photos and information about condos available for purchase.
With buying a condo in Thailand, it’s essential to know what to expect or what’s expected from you during the process.
Knowing and understanding your rights and obligations is extremely important when buying a condo in Thailand. You might not be familiar with Thailand’s property laws and processes, which will most likely be different from your country’s laws.
A lawyer will be handy with understanding these rights and obligations when you’re buying a condo in Thailand. They will be able to assist you when you’re signing the necessary paperwork because they will be in Thai.
Employing a reputable lawyer will ensure that you aren’t being scammed by reading through the contract. The lawyer will ensure that it is transparent and above board. This step might seem unnecessary, but it’s important because you won’t sign the English legal contracts.
It’s also important to remember that the seller is trying to sell their property to you, and they might try to bend the truth a little so the property will sell. This can happen even if the seller has good intentions.
This step is essential when purchasing new condos in Thailand that are still under construction. In most cases, if you decide to buy a condo that’s off-plan, you will be given a projected finish date instead of a fixed date. The date will only become more fixed when the construction gets closer and closer to completion.
In these contracts, the developers will often include clauses about the construction delays.
For example, a clause might state that if there is a delay for more than a certain amount of days, you as the buyer might be entitled to some kind of compensation.
When buying a condo in Thailand, there are some essential legal documents that you will need for the purchase and the registration of your new condo.
You will also need to have copies and the originals of your official documents, such as your visa, work permit, and passport. If you’re purchasing a condo under a Thai national’s name, you’ll need their identity document and another form of ID.
The following document you’ll need and probably the most obvious is the contract. The contract will contain all the required information about your condo, including the fees and the timetables (if you’ve decided to purchase a new condo). The contract will include information about the procedures, payments and registration of your condo.
You'll need the third official document is the Foreign Exchange Transfer forms (FET). The FET forms were previously known as Thor Thor 3 forms. These forms show that you’ve transferred the money for the condo purchase from abroad, and it has arrived in Thai baht.
This form is crucial because the money required will arrive in Thailand in its original currency. Only then will the Thai bank convert the funds from the original currency to the Thai baht.
If you’re going to make multiple transfers for your purchase, you will need numerous FET forms. So, for example, if you made three transfers, you will need three FET forms.
When you get to the transfer stage in the process, there will be some fees that you will need to pay, and they will need to be included in your contract. As a buyer, you might be responsible for the transfer fees.
When you move into your condo, you will need to pay money into the sinking fund. This fund is the initial money paid by new condo owners. You might have to pay for installing an electric metre and water in some cases.
Just remember that you, as the buyer, shouldn’t be responsible for stamp duty or business tax. These taxes and fees are the responsibility of the seller.
When the taxes and transfer fees have been paid, you will get a Tabien Ban book. You will get a yellow book if you’re a foreigner and a blue book for Thai nationals. This book is an important document, especially if you want to sell your condo at a later stage.
Have you been waiting to travel to Thailand, but COVID-19 keeps getting in the way? With COVID-19 quarantine restrictions, the thought of travelling can be overwhelming. Well, thanks to the Phuket Sandbox program, you can get ready to book your next flight to Thailand without the worry of having to quarantine. So you can now get ready to have the adventure of a lifetime with the Phuket Sandbox program.
In this article, we will highlight everything that you need to know about the Phuket Sandbox program, including how the programs, the requirements of the program, and a list of a few sandbox hotels.
After COVID-19, there has been a decrease in the number of tourists visiting Thailand, which is why The Phuket Sandbox program was created in an effort to resume tourism. The Phuket Sandbox program allows foreigners to visit Thailand with no quarantine required. However, there are specific requirements that foreigners will have to meet to visit the country with this program.
Tourists visiting Thailand with this program are required to stay a minimum of seven nights at one of the Sandbox hotels. These tourists will have to be at least 18 years old and will have to have been vaccinated. Other requirements of this program in
Here is a list of the requirements for all tourists who plan on visiting Thailand through the Phuket Sandbox program:
All tourists will need to be vaccinated a minimum of 14 days before visiting Thailand with the Phuket Sandbox programs. Tourists will be required to carry proof of vaccination, including a vaccination certificate, in order to be eligible for this program.
The Phuket Sandbox program requires a total of two RT-PCR COVID-19 tests to be done. The first test will need to be done before your trip to Thailand, and as long as your test results are negative, you will be able to continue with the trip.
The second RT-PCR COVID-19 will need to be done before you leave Thailand to return to your home country. This test will need to be booked and prepaid for this test via the official Phuket Sandbox system. Once you have prepaid for your test before you leave Thailand, you can visit one of the Sandbox testing centres.
A Thailand Pass will be required for all tourists visiting Thailand via this program. The Thailand Pass system generates a digital certificate of energy to approve visitors to enter Thailand. In order to get your Thailand Pass, you will be required to fill out health information and submit the COVID-19 requested information. You can go ahead and apply for your Thailand Pass via their official system by yourself before your trip. You can also get Thailand Pass assistance.
While COVID-19 Travel Insurance is a must travel with the Phuket Sandbox program, anyone who is planning on travelling right now should think about getting COVID insurance. COVID-19 insurance covers many COVID-19 related costs, including quarantine, COVID tests, medical expenses, and life insurance. However, it is essential to keep in mind that any additional costs that will not be covered under this insurance plan will need to be covered by the traveller.
The final requirement when staying in Thailand with the Phuket Sandbox program is that you will be required to stay at one of the Sandbox Hotels. Fortunately, there is a wide variety of Sandbox Hotels to choose from. These include being committed to ensuring that they prevent the spread of COVID-19.
These hotels have a SHA+ certification, and to get this certification, they had to follow specific requirements. These requirements included having all of their staff members be vaccinated, agreeing to follow the guidelines and safety protocol of travelling to the hotel, and prioritising cleanliness.
Here is a list of just a few of the Sandbox Hotels that you can choose to stay at when you visit Thailand with the Phuket Sandbox program:
After a fantastic holiday, you will have to visit a COVID-19 swab testing centre to conduct your RT-PCR COVID-19 test, which you would have already prepaid for. However, finding a testing centre that you plan to visit before your trip will be a good idea. Here is a list of a few of the COVID-19 swab testing centres where you can get your RT-PCR COVID-19 tests done at:
In conclusion, travellers can now return to Phuket, Thailand and have the adventure of their dreams by exploring this beautiful island. So if you are ready to visit with the Phuket Sandbox program, make sure to get vaccinated if you are not already. Then it is time to book your flight and follow the other requirements listed above to enjoy your trip with no quarantine required.
On the 1st of February 2022, Thailand resumed having new applications for the country’s Test and Go Program. With this program, fully vaccinated tourists who travel by air from any country will be able to enter the country with no quarantine requirements.
In this program, tourists will only need to be tested for COVID-19 when they arrive in their SHA+ hotels and get a negative result. Then you will need to go back to their SHA+ Hotels for a second COVID-19 test.
The “test and go” program is, also sometimes referred to as “Exemption from Quarantine”, is one of the latest programs that Thailand’s government implemented to encourage travellers to visit Thailand.
The program began on the 1st of November 2021, and only visitors from pilot regions and countries were eligible for the program. However, the government suspended the program in December 2021.
As of the 1st of February in 2022, the government decided to recommence the “Test and Go” program. Under the renewed program, tourists from all countries travelling to Thailand via air travel and who have been vaccinated against COVID-19 are eligible for this program.
Under Thailand’s “Test and Go” program, tourists can travel all over Thailand after they’ve received a positive result on their first COVID-19 test. However, on your fifth day, you must stay in any of the SHA Plus + Hotels with a partnered hospital while you wait for your second test’s results.
You will need to meet some requirements to be eligible for the “Test and go” program. These requirements include the following:
Since Thailand resumed the Test and Go program for tourists, a list of approved AQ and SHA+ Hotels is provided to travellers.
Below is a list of approved test and go hotels located in Bangkok. The hotels include the following:
Holiday Inn Express Bangkok Sukhumvit 11
Carlton Hotel Bangkok Sukhumvit
The Continent Hotel Bangkok by Compass Hospitality
The Salil Hotel Sukhumvit 57 – Thonglor
Solitaire Bangkok Sukhumvit 11
Centre Point Silom River View Hotel
Below is a list of approved test and go hotels located in Pattaya. The hotels include the following:
Golden Tulip Pattaya Beach Resort
Below is a list of approved test and go hotels located in Pattaya. The hotels include the following:
Four Points by Sheraton Phuket
The Senses Resort & Pool Villas Phuket
You apply for the Thailand Pass Test and Go Program 2022 via https://tp.consular.go.th/.
Remember that the processing time could take three to seven business days. So you’ll need to apply at least seven business days before you plan to travel to Thailand.
To apply for the Test and Go program, you must bring the necessary documents mentioned above.
You can upload the QR code of your vaccination documents to make the application process go a lot quicker.
If you managed to get your Thailand Pass under the Test and Go program before the government suspended the program in December 2021, you wouldn’t need to re-apply. Your Thailand pass from this period will still remain valid.
The second step will involve going through the COVID 19 RT-PCR test and hopefully getting a negative test result within three days of leaving for Thailand.
In some cases, airlines will request that you take the test three days before your flight to Thailand. If you’ve had COVID-19 before your trip, you will need a medical certificate stating that you’ve recovered. The certificate will need to be dated between 14 to 90 days of your departure date.
Children younger than six years and travelling with their parents won’t need to undergo the pre-departure RT-PCR test.
When tourists first arrive at the airport or their hotel or designated venue, they have to undergo the first RT-PCR test and wait for the result in their hotel room. Children and adults must be tested for COVID-19.
If the test is negative, you will travel all over Thailand. You will also be able to take the second RT-PCR test on the fifth day of your trip.
However, if you test positive for COVID-19, officials will refer you for the necessary medical treatment. The tourists will be responsible for the medical expenses. In some cases, insurance policies might not pay for your isolation expenses.
On the fifth day of your trip, tourists will need to go through the second RT-PCR test at an approved hotel or approved venue. Just like with the first test, you will need to wait for the test result in your hotel room.
Just like the first test, if you test negative for COVID-19, you will be allowed to travel anywhere in the country. If you test positive, you need to receive the necessary medical treatment.
Typically, the application process shouldn’t take three to seven business days. However, if this process takes longer than seven days, you can contact the Thailand Pass system via email or telephone. You will be able to send an email to the following addresses:
Thailand has reopened its borders for tourists. International visitors can once again visit Thailand as long as they meet specific requirements under the Thailand Pass System.
The Thailand Pass system is a free online system meant to document tourists travelling to Thailand more efficiently. The Thailand Pass is intended to be more efficient than the Certificate of Entry (COE) application.
The Thailand Pass system collects both your health and travel information from the required entry forms. This information can include information from your vaccine certificates.
The main goal of the Thailand Pass system is to assist with the country’s “Ease of Travel” system after the government reopened its borders. The system is also meant to fill out the information and upload your travel information faster.
Both foreigners or Thai nationals have to apply for the Thailand Pass system based on the following travel requirements:
At this time, partially vaccinated or even non-vaccinated travellers are still permitted to travel to Thailand. However, they are required to undergo a mandatory ten-night quarantine.The quarantine needs to occur in an approved ASQ or AQ quarantine hotel. After the quarantine, travellers will be allowed to travel all over Thailand.
Vaccinated under Sandbox Program
Any fully vaccinated tourist will be allowed to enter the country with no quarantine or sandbox stay. However, as tourists under the Sandbox Programs, they will need to stay in Samui Sandbox, Phuket, Hua Hin, and Pattaya.
However, travellers will need to spend seven nights in an approved SHA+ Hotel in these areas. After they’ve paid a minimum of seven days in quarantine in an approved Thailand Pass Hotel, tourists will be allowed to different parts of Thailand.
Fully Vaccinated for the Test and Go Program
Tourists that are fully vaccinated can travel to and enter Thailand without going through a sandbox stay or a mandatory quarantine. However, they will need to spend one night in a Thailand Pass hotel or ASQ while waiting for their COVID 19 RT-PCR test result. This test will need to be taken on their arrival and then again on day five.
Thailand Pass requirements
There are various ways that you can apply for the Thailand Pass. You can use the Thailand Pass system yourself or pay for Thailand Pass assistance.
The Thailand Pass system generates a QR code that tourists can get. To get a QR code or a Thailand Pass ID, tourists will need to do the following:
When your application has been approved, the system will send you an email with your QR entry code or your Thailand Pass ID, which you will need to enter Thailand.
Apply for Thailand Pass by Yourself
You can apply for the Thailand Pass on the MFA website with this link: https://tp.consular.go.th/.
If you want to check your status, you can use the following link: https://tp.consular.go.th/en/check-status.
If you haven’t received your Thailand Pass or your application was rejected, you can email one of the following email addresses: [email protected] and [email protected].
Thai Legal Visa and Thailand Pass Application Assistance
Applying for the Thailand Pass is entirely free when you don’t use any professional assistance to apply. But in some cases, you can choose to pay for a law firm to assist you with the application.
These service providers can prepare your documents and even submit them on your behalf. Using these services can help prevent struggling with your papers that haven’t been uploaded correctly or submitting inappropriate information.
These reasons mentioned above mean that it will be handy to use a service provider to assist with the application. Service providers such as Siam Legal will often have service packages to help with the application.
Package 1: 200 USD (Visa + Thailand Pass)
Package 2: 100 USD (Thailand Pass)
On the Thailand Pass portal, you will be able to see a list of approved acceptable medical insurance providers that you can use for your Thailand Pass insurance. But keep in mind that you’ll need a minimum coverage of 100 000 USD. This coverage could mean that your Thailand Pass insurance could be more expensive than typical travel insurance policies.
It can be exciting to travel to Thailand. Still, many questions can pop up, especially with the new travel laws and restrictions, including the Thailand Pass, that the Thai government enacted due to the COVID-19 pandemic.
How long does the Thailand Pass approval process take?
The process can take at least three to seven business for your application to be approved. It’s recommended that tourists submit their application seven business days before they intend to depart for Thailand.
Is a Thailand Pass registration required for all three schemes travelling into Thailand?
Anybody travelling by air to Thailand under the three schemes must register for the Thailand Pass to be allowed to enter the country. The three schemes are the following:
If I plan to travel to Thailand by land or sea, do I need to register with Thailand Pass?
No, if you’re travelling by sea or land won’t need the Thailand Pass. This pass is just for visitors who are travelling to Thailand by air. However, you will need a COE to enter Thailand. It’s recommended that you contact the Royal Thai Embassy or Consulates in your country to apply for a COE.
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.
There has always been a number of questions regarding which Thai embassies expats normally use in and around Asia. These are the embassies which most expats and foreigners use in Thailand with a note of their Thai visa process times and what they normally will and will not issue being a bit about the embassy procedures. Note that this was correct at the time of writing and that timelines and procedures do change over time.
If you are over the age of 50 then you too can retire in Thailand. In order to do this you need to meet the age, financial and also the health requirements for the retirement visa. We have listed the basics which are needed and also the the procedures which you have to follow. The first step is applying for the Thai "O-A" Visa at a Thai embassy in Asia or in your home country. The process starts easy enough but becomes complicated once you extend it at Thai immigration for 12 months.