This information is for reference only and is not legal advice. Consult a licensed lawyer before any transaction.
Law
Glossary
Thai legal terms in plain words.
- Chanote (Nor Sor 4 Jor)
- The strongest land document in Thailand: full ownership with precise surveyed boundaries. Any right (lease, mortgage, usufruct) can be registered on it. Prefer buying land that has a Chanote.
- Nor Sor 3 / 3 Gor
- Confirmed-possession certificates (weaker than a Chanote). Nor Sor 3 Gor has aerial-survey boundaries; plain Nor Sor 3 has none. Both can be sold and mortgaged; many can later be upgraded to a Chanote.
- Freehold
- Outright ownership with no time limit. For a foreigner it is realistically available only on a condominium unit (within the 49% quota), not on land.
- Leasehold
- A long registered lease (up to 30 years). A common way for a foreigner to use land or a villa. The 30+30+30 renewal options do not bind a new owner of the land or the lessor's heirs, which must be checked.
- 49% foreign quota
- In any one condominium, foreigners together may own at most 49% of the total floor area of all units. Before buying, check whether the building has free quota.
- FET / Tor.Tor.3
- A bank's Foreign Exchange Transaction form. To register a unit to a foreigner, the funds must come from abroad in foreign currency and be converted into baht. Without it the Land Office will not register a foreign owner.
- Usufruct
- A registrable right to use someone else's property and take its income for life (or up to 30 years). Often used to protect a foreign spouse. It is not inheritable.
- Superficies
- The right to own a building on land belonging to another. A lawful way for a foreigner to own a house while a Thai owns the land.
- Appraised value
- The official value the Treasury Department sets for calculating transfer taxes and fees. Often below the market price; taxes are usually computed on the higher of the two.
- Specific Business Tax (SBT)
- A 3.3% tax on selling property within 5 years of acquisition (unless exempt). When SBT does not apply, a 0.5% stamp duty is paid instead.
- Withholding tax
- Income tax withheld at the Land Office on registration. For an individual it is computed on the appraised value with a deduction for years of ownership; for a company it is a flat percentage.
- Sinking fund
- A one-off contribution a condo buyer pays into the fund for major repairs of the common property, separate from the monthly maintenance fee.
- Condominium juristic person
- The body that manages a building's common property. Every unit owner is automatically a member and pays the common fees. It issues the debt-free certificate needed at sale.
- Nominee holding
- Using a Thai stand-in (or a Thai company with nominee shareholders) to hold land for a foreigner. This is unlawful (Foreign Business Act) and risks criminal liability and loss of the property.
- Due diligence
- The pre-purchase check: the title and its validity, encumbrances and debts, permits and zoning, the developer's record, and for a condo the available foreign quota. Done before any money is paid.
This information is for reference only and is not legal advice. Consult a licensed lawyer before any transaction.