Thai leasehold: terms to check before signing
A registered lease gives rights for a defined term. Check the remaining years, renewal wording, and transfer conditions before committing.
A Thai property purchase should begin with the right being acquired. A condominium title and a lease give different rights. For a villa, ask how the land and the building are held, then have an independent Thai lawyer check the documents before paying a reservation deposit.
The registered term
The Department of Lands' lease guidance describes fixed terms under the Civil and Commercial Code of up to 30 years. A renewal can also run for up to 30 years. Assess the purchase against the term actually registered; wording such as 30+30+30 should not be valued as a guaranteed 90-year right.
For an immovable-property lease exceeding three years, Land Office registration guidance requires a written, registered agreement for enforcement beyond three years. Check the registration itself, the start date, and the expiry date. A resale may concern only the remaining term.
Renewal and exit need their own review
Ask counsel to assess who must perform any renewal promise, the price of renewal, and what happens if the landowner changes. Check assignment and subletting rights, including any consent or fee. Have the contract reviewed for what happens on death, early termination, and expiry, including rights over any building.
Request a schedule of all payments. Separate rent from common charges and management fees, and identify responsibility for repairs and insurance. Compare the cost over the registered term, including any prepaid amount.
Condominium ownership is a separate option
Foreign buyers must meet the applicable eligibility and documentary requirements. The Department of Lands' transfer checklist requires confirmation that foreign ownership stays within 49% of the total area of all condominium units. This is an area calculation, not a count of apartments. Have quota availability and funding evidence checked before transfer.
For a branded residence, review the management agreement alongside the property documents. Hotel services do not establish the ownership structure.
