Category: Property

Foreign Ownership of Industrial Land in Thailand

Although the Thai Land Code generally prohibits foreigners from owning land, one notable exception applies to land located within an industrial estate under the Industrial Estate Authority of Thailand Act of B.E. 2522 (1979), as amended. Under Section 44 of the aforementioned Act, foreign entrepreneurs are allowed to own industrial estate land to conduct business, […]

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Legal Barriers to Escrow in Thailand

Finding escrow services in Thailand can be hard, but there are a few legal options. Some large international developers will cooperate with their buyers to use offshore escrow services in certain situations. However, the use of offshore financial institutions can add additional risk due to currency exchange issues. In some situations, the parties to a […]

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Practical Barriers to Escrow

In some countries, such as the US, the use of escrow services when executing a property purchase is widely accepted as a way to reduce the risk inherent in the transaction. However, any type of escrow arrangement in Thailand is very rare, for legal, cultural, and practical reasons. Even for buyers who want to use […]

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How to Make a Thai Will

Foreigners living in Thailand and those owning immovable property in Thailand usually need a Thai will. It is a good idea to work with an international law firm, such as Siam Legal, to ensure that your estate plan complies with Thai law. Thai law provides that if you are competent to draft a will in […]

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The Right of Habitation

In addition to lease in Thailand, usufructs and superficies, Thai law provides another specialized type of legal property rights that may be of interest to some foreigners living in Thailand. The right of habitation (arsai) entitles the recipient to live in a building rent free for a period of time up to 30 years or […]

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Hire of Immovable Property for Commerce and Industry

Foreign investors seeking to lease land in Thailand for business purposes may find themselves limited by the 30 year lease limit posed by the Civil and Commercial Code. Indeed, the 30 year limit is rather short in comparison to lease limits in other jurisdictions; such as Vietnam, which allows residential lease terms from 50 to […]

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Buying Off-Plan: The Sales and Purchase Agreement

Off-plan condominium projects are an attractive option for foreigners desiring to live in Thailand because they offer the prospect of purchasing something that is brand-new. However, several concerns will naturally arise if one should enter into an agreement to purchase a new home in a pre-constructed condominium. In the past, unscrupulous developers have been known […]

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Condominium Ownership by Foreigners

Buying condominium in Thailand is a particularly attractive option for foreigners wishing to reside in Thailand since, unlike the ownership of land, Thai law does not prevent foreigners from gaining freehold ownership of condominium units. However, Thai law still restricts foreign ownership of condominium units to the extent that it prohibits foreigners from owning more […]

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Overview of “Games” Software Activity Under Thailand BOI

The Board of Investment (BOI) is promoting some business activities in order to earnestly awake Thai economy. The BOI promoted activities are categorized in seven main sections. If you look into the list of activities eligible for BOI promotion, “Software” is one of the most popular activities which is sub-categorized under Section 5: Electronic Industry […]

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The Condominium Act (B.E. 2522) – Buying a Condominium in Thailand

The Condominium Act in Thailand (B. E. 2522) has been amended in 2008 to solve the problem arising out of the law enforcement and to provide protection over the people purchasing the condominium units for dwelling purpose. Here are the highlights of this law: When a buyer enters into an Agreement to Sell a Unit […]

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