Buying land in Thailand, what should I pay attention to?

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Posted in Reader question
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June 18, 2022

Dear readers,

My Thai wife wants to buy a piece of land. I know that the land can only come in the name of a Thai national. The financial will be shared by both.

  • As a foreigner, what should I pay attention to when signing the deed of purchase?
  • What should definitely be included?

The intention is for both of us to build a house on it later.

Regards,

Hans

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15 responses to “Buying land in Thailand, what should I pay attention to?”

  1. e thai says up

    good lawyer with notary authority who is familiar with the local rules
    however, look for someone who is on your side and has demonstrable experience with these matters

    • khun moo says up

      This is a quite famous one with multiple offices
      I believe the owner is Canadian.

      https://isaanlawyers.com/about-isaan-lawyers-international/

  2. John Chiang Rai says up

    When purchasing land, it is not only important to pay attention to the purchase procedure, other factors also play an important role before one even thinks about buying.
    When purchasing land, it is primarily about the location, soil structure and any energy that is already available.
    With regard to the location, it is very important how far your property is surrounded by a well-functioning infrastructure, and whether you would like to live here yourself, if this is your plan?
    I would not like to feed the farang, who obediently followed the female to her native village, while after a while they bored themselves to death.
    A cheap plot somewhere on a former rice field, far from electricity, energy sources, purchasing options, and paved roads, becomes an expensive purchase even with the best purchasing strategy.
    Moreover, with regard to the quality of the soil structure, it must be ensured that the costs of the foundations are kept to a minimum.
    Good soil quality, where you can immediately start pouring a concrete slab after a soil raising and the rest period withheld for any subsequent subsidence, is of course completely different from first carrying out pile-driving work.
    Moreover, it is different from what the seller likes to mention, also important what is the state of the groundwater level?
    Not that you suddenly have to sail around your house with a boat during the rainy season, with all the consequences that entails.
    Only when all these things are well known, and your Thai partner, as is often the case, does not only look after the price and her pleasure, I would investigate how far I can get a sure deed of sale on paper.

  3. HAGRO says up

    Do not buy land without sha-not.
    If you know someone who is friends with an official from the land office, you can agree on a lower land price on paper.
    That again saves tax.

  4. HAGRO says up

    Don't buy land without chanot.

  5. Erwin Fleur says up

    Dear Hans,

    The government has issued subsidies to remove the rubber trees and plant other crops.

    Some people then go and sell the land and do nothing. That is the problem.

    If you then buy the land, all costs will come to you.

    So watch out!

    Yours faithfully,

    Erwin

  6. Erik says up

    Find someone, preferably a lawyer, with knowledge of real estate and the rules; does not have to be a lawyer, a real estate agent with the right knowledge is also possible.

    Is there a chanoot, is there a permit to build, is there a zoning plan, is there access to the public road, are there utilities such as water, sewer, electricity, cable? How is the environment? Will there be a factory next to you? Do you want children? Is there a school and school transport? How far are shops and hospitals from that piece of land? Ask the questions you would ask in NL or BE.

    Then the legal interpretation; are you going to rent from your partner, do you take usufruct or right of superficies? Think of wills for the arrangement after the death of one of you.

    In short, everything that you carefully check and record in advance will save you a lot of misery later on.

  7. Francois says up

    1. Ensure that there is always a chanot of the purchased land
    2. Make sure your name is on this chanot (use off fruct = usufruct). This way you can live for life and your wife doesn't get the chance to throw you out.
    Of course that won't happen to you. However, many for you do!

  8. Marc Breugelmans says up

    Hans,
    Pay particular attention to the utilities, I myself have experienced that this is important, having electricity installed and connected can very easily cost you a lot of money, it was half a million for 250 meters including transformer and house connection.
    Water is the same, people ask a lot for it, the alternative is drilling, but it is also not cheap and the water quality is usually less good, only good for watering the garden, you can of course install filters to increase that quality.
    And then we also have internet that may not be far away or else costs will be charged to install it.
    regards
    Marc

  9. Janderk says up

    Hans,
    Much has already been said.
    Location is important, both the place with regard to social facilities (hospital, town hall tec etc)
    Do you have your own transport to get around? (can also drive your partner)
    The place. Do you buy in a city or in the province. In the city, ask the neighbors about the water drainage during the rainy season. In the province, never buy in a low-lying area.
    About the amenities. Electricity is not an immediate problem anywhere in Thailand. But the security of supply is more of a problem in the province (power outages of several hours to days are no exception)
    At the water supply. Also in Bangkok the supply of water is not what we are used to in our western countries. The water pressure is not high and for a shower on the higher floor the pressure is often too low. Moreover, here too, supply (a lot in the provinces) is not guaranteed every day. So take care of any water storage. Even if you don't live there until later. If you cannot be connected to the water and electricity, provide alternative ones. A small generator often gives an extra. Digging a well is also a solution. If you buy land in a high-lying area, the depth of the groundwater is important. (I myself had to have a well dug 73 meters deep in my house on a hill)
    Then there is the legal aspect.
    It is important whether you can just build there (Someone already mentioned a chanoot)
    It is also important whether you are married under Thai law. If you buy the land together (I'm not talking about owning the land (because that can only be a Thai) it is important that the money really belongs to your wife (let her open an account separately (for example already in your home country) And deposit an agreed amount upon purchase and then transfer it to her account in Thailand to evade a government money laundering investigation.
    For further legal advice, ask a local lawyer (there is one in every county seat). Don't go to a lawyer suggested by your wife's family.
    Try to follow your own feeling as much as possible.
    Then for the future
    The building.
    Do you do it in-house or do you outsource it.
    When outsourcing, you record requirements and have them signed by the builder. (example: do you want the electricity on or in the wall. Do you want the water pipes in or on the wall. (Experimental advice here applies that the water pipe in the wall must be tested with reasonable water pressure due to leakage before tiling AND BE THERE YOURSELF (the average thai construction worker is easy))
    The difference between the province and Bangkok (nowadays) is that people in Bangkok are not surprised, but in the province it is often said and argued that it is not allowed or not customary in the wall.
    At the supply of electricity to the house to be built. In Thailand, all supply goes through the cables along the road. Often also from there (in the air) to the house. I myself chose to connect from my connection point on the road (where the meter is) via the ground (and a PVC pipe) to my home. (Through a curved system (which prevents rain) and gauze or pur-foam that keeps the mice out of the PVC))
    The drainage of the toilets. There are no sewers anywhere in Thailand. Toilet drain goes to a sinkhole. You can buy it ready-made or have it installed with cement rings. Then make sure there is enough depth (and overflow). If you have several toilets in the house, use several sinks if necessary. Separate the water from the shower/washbasins from the toilet drain (already during construction) and drain that water separately (not sinkhole)

    These are things I have experienced with regard to a home in 17 years.
    I still enjoy living in Thailand..

    But especially read the hints that others give you. Most have written these hints because they encountered them themselves when moving to Thailand.
    They are (like my hints) valuable comments. Print them out and keep them if you decide to buy land and build a house.

    Greetings Janderk

    • khun moo says up

      Janderk,

      Excellently documented information and certainly relevant aspects.

      I would also like to add to make clear agreements, if possible, about whether or not family members live in and about any support from relatives in the village / town or even further away.
      Admittedly a side step, but still important for someone who wants to live in Thailand.

      Often it is the farang, the lifesaver, who is expected to give father, mother, grandfather, grandmother brothers, sisters, children and grandchildren a better life.

      Nothing wrong with that, if one realizes in advance that family relationships are simply different than in the Netherlands.

      • JANDERK says up

        Dear Moo.
        You're right. But the topic of buying land and building a house has nothing to do with relationships.
        I assume his relationship is not an overnight one.
        I assume he has been in a relationship for a long time
        So even though he doesn't live in Thailand now, he has already experienced more. So he knows that a relationship in Thailand is not only between man and woman. but that a Thai woman has a whole family.
        How to deal with it is only his feeling. We should not try to influence him with all sorts of troubles that befall us. However, prevention is better than cure. But the Thai blood goes where it goes and this way of life has been like this for centuries. A few foreigners out of 71 million Thai will not change this.
        A family relationship is and is ingrained from an early age. Marrying a foreigner for a few years does not change these innate and childhood-learned relationships.
        My grandson (1 year and 8 months) is already being taught the “Wai” by his parents and to be polite to everyone who is older.
        Realizing that: I received my education between 1949 and 1966. Then honor your father and mother and be a good brother to your brothers and sisters was part of the education.
        Also realizing that Thailand is changing (Thailand is about 50 to 60 years behind Dutch values), the currently raised Thai children will have a very different attitude when we pensioners (and their relations) have been brought up. I showered/bathed in a zinc tub with cold water.
        Most of our relations (who are usually quite younger than us) have also showered / bathed in a primitive way. I wonder if that might also be part of the reason we have a younger relationship.
        If you get your place of residence outside the touristic places, you will be shaken awake. And will you realize that life there resembles our childhood years (and that includes the influence of the church (here the Buddhist monks))
        But all this is not the subject. It was buying the land and building a house.
        In any case, the questioner does not act rashly in that respect and tries to prepare himself well.
        However, if he has not been in such a long relationship, it might be a good thing that this blog also writes about these kinds of topics.
        So HANS take advantage of it.
        Greetings Janderk

  10. Hans says up

    Then the legal interpretation; are you going to rent from your partner, do you take usufruct or right of superficies? Think of wills for the arrangement after the death of one of you.

    Can you give a little more explanation here Erik?

    Dank U

    • Erik says up

      Hans, I would love to, but I don't have enough knowledge of Thai law to be complete.

      Thailand has built some guarantees into the legislation to protect the rights of the user and there are probably websites that can provide complete information. In addition, what one civil servant thinks is good meets with resistance from another civil servant.

      I suggest you take a look; here in this blog, and on the web. The search function is located at the top left of the main page. It is not for nothing that I advise questioners to call in an expert.

  11. peter says up

    There are several titles by country, the best is chanote title.
    The titles can also be upgraded by following certain guidelines. A country can start with a nor sor indication and then be upgraded. Only with a chanote (cadastral) everything is fixed.
    You can google these titles and see what it means

    Do not put your house too close to the road, because if it is decided that the road will be widened, for example, this can have adverse consequences for your living comfort.
    This recently happened to my wife. It was decided to widen the road because of “safety issues”. Absurd, but it happened.
    Is the land free of debt, not used for a loan or the like. Should/can be found on the country title. Location of course with regard to utility connections and whether the ground can be flooded.
    Possibility to Usufruct, so that you can continue to live there, if your wife dies.
    After all, farang cannot own land. Only with a usufruct can the usufruct be set for the rest of your life, if it takes longer than 30 years before you go out.
    Do you still have to decide with wife, what happens after the death of both of you.


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