Property and Land Information
Buying land or a house is often a stressful time, when it’s in another country it can be even more so. We’ve put together this short guide to help explain the basics and hopefully make things easier for you!
Buying land or a house is often a stressful time. We’ve put together this short guide to help explain the basics and hopefully make things easier for you!
Land Measurement
Thailand doesn’t use the metric or imperial measurement systems we’re used to, instead they use their own system which is expressed as Rai, Ngan and Square Wah (or Talang Wah).
- 1 sq. wah = 4 sq. m. 1 acre = 2.471 rai or 43,560 sq. ft.
- 1 ngan = 100 wah (or 400 sq. m.) 1 hectare = 6.25 rai or 10,000 sq. m.
- 1 Rai = 4 Ngan (or 1600 sq. m.)
When talking or writing about land size its normally expressed in the way Rai – Ngan – Sqw
We’ve created a table to make conversions easy
| Sqaure Wah | Square Meter | Ngan | Rai | Acre | Hectare |
|---|---|---|---|---|---|
| 1 | 4 | ||||
| 100 | 400 | 1 | 0.25 | 0.1 | 0.04 |
| 400 | 1600 | 4 | 1 | 0.4 | 0.16 |
| 800 | 3200 | 8 | 2 | 0.8 | 0.32 |
| 1200 | 4800 | 12 | 3 | 1.2 | 0.48 |
| 1600 | 6400 | 16 | 4 | 1.6 | 0.64 |
| 2000 | 8000 | 20 | 5 | 2 | 0.8 |
| 2400 | 9600 | 24 | 6 | 2.4 | 0.96 |
| 2800 | 11200 | 28 | 7 | 2.8 | 1.12 |
| 3200 | 12800 | 32 | 8 | 3.2 | 1.28 |
| 3600 | 14400 | 36 | 9 | 3.6 | 1.44 |
| 4000 | 16000 | 40 | 10 | 4 | 1.6 |
Land Titles
In Thailand, there are 4 main types of Title Deeds which are as follows
Chanote or Nor Sor 4
This is the highest title, it grants the holder full rights over the land and has been surveyed but the land department and the boundaries plotted with GPS. With this title, it’s possible to register rights (sale, lease, usufruct, superficies, etc.) with the Land Department and obtain official building approval as well as being able to get a mortgage by placing the paper with the bank.
Nor Sor Saam / Nor Sor 3
There are 2 main types of Nor Sor 3 titles:-
Nor Sor 3 is a title deed which shows a person’s right to own a plot of land but the boundaries have not been officially marked and must be confirmed with neighboring plots. There are no ‘parcel points’ or numbered concrete posts. This type of land can be bought and sold officially and can have rights and building permits registered. When selling this type of land a 30 day public notice period is needed.
Nor Sor 3 Gor is the same as Nor Sor 3 except the boundaries are defined and the land has been accurately surveyed in relation to the neighboring plots by an Ariel survey. There are no restrictions for this land title and there is no need to display a 30-day public notice when changing ownership
Possessory Rights / Unpapered Land
These types have many different titles and are the least recommended as they grant almost no official rights but are much cheaper. land with a possessory right has never been substantiated by the Land Department, with some titles tax payments may have been made to the local administration.
Officially these titles cannot be bought, sold or leased and banks will not recognize them for mortgages. In an area like Pai which has developed quickly over the years a large portion of land is un-papered and is still bought and sold but done with an agreement from the village headman. It’s still a big risk however so serious thought should be given before deciding to purchase this type of land.
How to buy land in Thailand
As a foreigner the honest answer is you can’t really own land. There are methods that people use on a regular basis but none of them are completely safe.
Being Married to a Thai
Foreigners married to a Thai can buy land but they do not have any rights over the land and it has to be in their Thai partners name. As a foreign spouse your name and passport will be recorded during the sale at the land office but this doesn’t give you any rights to the land and you may have to sign an declaration stating that the funds used belong to the Thai Partner.
Leasehold agreement
This is another popular option. Once the land has been purchased, either in a thai friend or partners name, you can register a 30 year lease for the land. The wording of the lease is very important so its always worth contacting a professional lawyer to help with this. A lease can give you full rights over the land including the option to sell the lease.
renewals are not generally automatic but clever drafting can increase you chances. The lease needs to be registered at the land office and is then attached to the property deed. The cost is 1.1% of the total rental value.
Thai Company
The final option is to set up a Thai registered company. You still can’t own the land but your Thai company can. Thai law states that you can only own 49% of the company and the remaining 51% has to be Thai owned. This will require a lawyer to help you set up and there are many factors to be taken into consideration. Its not as simple as its sometimes made out to be.