This information is for reference only and is not legal advice. Consult a licensed lawyer before any transaction.
Power of Attorney for Land Office transactions
Civil and Commercial Code (Agency) + Land Department forms
The information is reviewed and updated monthly against official sources.
In short
Thai law lets a buyer or seller register land or condominium dealings through an attorney, but the Land Department accepts only its own standard power of attorney form, properly scoped, witnessed, and (when signed abroad) legalised through a Thai embassy or consulate.
CCC s.797: Definition of agency
Agency arises when one person, the agent, is empowered to act for another, the principal, and accepts that role. The authority may be granted in clear words or inferred from conduct. For land deals this relationship is what allows an attorney to appear before officials and sign in the owner's place.
CCC s.798: Written form follows the transaction
If the underlying transaction must by law be in writing, the appointment of the agent must also be in writing. Because transfers, sales, and mortgages of immovable property require written registration, the power of attorney authorising them must likewise be a written, signed instrument.
CCC s.800: Special (specific) authority
An agent holding a special authority for a named matter may do everything reasonably needed to complete that particular task. For property work this supports a single-purpose power of attorney, for example one limited strictly to selling a defined plot or registering a specific mortgage.
CCC s.801: Limits of general authority over immovables
A general power of attorney covers ordinary management but does not, by itself, let the agent sell or mortgage land, lease it beyond three years, make a gift, settle, litigate, or arbitrate. Each of these high-stakes acts requires express, specific wording, which is why a land sale demands a tailored authorisation.
CCC s.805: Self-dealing prohibited without consent
Without the principal's consent, the agent may not conclude the transaction with himself, in his own name or as representative of another party. This guards against an attorney buying the very property he was asked to sell, unless the act merely performs an existing, fixed obligation.
CCC s.807: Duty to follow instructions
The agent must act according to the principal's express or implied instructions, and where none are given, follow the customary practice of the business. In practice this binds the attorney to the agreed price, terms, and conditions stated in the power of attorney rather than acting on personal discretion.
CCC s.820: Principal bound by acts within authority
The principal is bound toward third parties by everything the agent does within the granted authority. So a transfer or mortgage signed by a properly authorised attorney binds the owner directly, as if the owner had appeared at the Land Office in person.
CCC s.821: Apparent (ostensible) authority
A person who presents another as his agent, or knowingly allows it, is liable to good-faith third parties as if real authority existed. This matters when an owner hands over signed forms or a title deed, creating the appearance of authority on which buyers may reasonably rely.
CCC s.823: Acts beyond authority and ratification
An act done without authority or beyond it does not bind the principal unless he ratifies it. If he does not, the agent is personally answerable to the third party, except where that party knew the agent was exceeding the granted powers. This underlines drafting the scope precisely.
CCC s.826-827: Revocation and renunciation
Agency ends when the principal revokes it or the agent gives it up, and either side may do so at any time. Ending it at an inconvenient moment without unavoidable necessity can create liability for resulting loss. An owner should therefore revoke a land power of attorney clearly and notify relevant parties.
CCC s.831: Effect of termination on good-faith third parties
The ending of the agency cannot be raised against a third party acting in good faith, unless that party was unaware only through his own carelessness. A counterparty relying on a power of attorney that was secretly revoked may still be protected, which is why visible cancellation and notice matter.
Tor Dor 21 (Land Department form): Mandatory official form for land
Provincial and district Land Offices accept only the department's standard power of attorney (Tor Dor 21 for land and houses, Chor Dor 21 for condominium units). A lawyer-drafted or foreign-style power of attorney is refused, so any attorney acting in a land transfer, sale, or mortgage must use this prescribed form.
Tor Dor 21 (scope and property data): Required content and defined scope
The form must state both parties' full identity details and precisely name the authorised act, such as selling, buying, or mortgaging, plus any special conditions. It must identify the property by title deed number, parcel and survey numbers, and location. Anything left blank or vague risks rejection or misuse of the authority.
Tor Dor 21 (witnesses and signing): Witness, thumbprint, and formatting rules
At least one witness must sign, or two if the grantor uses a thumbprint instead of a signature; witnesses sign rather than thumbprint. The form should be completed in one ink without erasures or unsigned corrections, and the grantor signs only after every entry is final and accurate.
Legalisation of foreign-signed POA: Notarisation and consular legalisation abroad
When the owner cannot attend and signs the power of attorney outside Thailand, the document should be certified by a notary public and then legalised by a Royal Thai embassy or consulate. Thailand is not part of the Apostille Convention, so an apostille alone is insufficient for Land Office acceptance.