A Guide for Foreign Property Buyers
As a foreign buyer, you should focus only on land with a Chanote, Nor Sor 3, or Nor Sor 3 Gor title. These titles are the only ones that can be legally sold, leased, or used as mortgage collateral. Additionally, they are necessary for obtaining approval to build on the land. Always consult with a qualified lawyer to review the documents before making any commitments.
Types of Land Titles in Thailand
Chanote (Nor Sor 4 Jor)
- Description: The Chanote is the most secure and desirable land title in Thailand, officially known as Nor Sor 4 Jor. It serves as a certificate of ownership and can be used to confirm land rights with government authorities. The Phuket Provincial Land Office issues this title, using GPS to accurately plot and survey land boundaries. While a Chanote title is the most secure, land with this title can be difficult to find.
Nor Sor 3
- Description: The Nor Sor 3 certifies land use but does not constitute ownership. Issued by the District Land Office, this title allows the holder to possess and use the land. However, it is based on a floating map without fixed parcel points, making it less accurate than a Chanote. The boundaries are recorded according to neighboring plots, which can sometimes cause disputes. Any change in ownership must be publicized for 30 days before registration.
Nor Sor 3 Gor
- Description: The Nor Sor 3 Gor has the same legal basis as the Nor Sor 3 but is more accurately surveyed. It includes parcel points on the map, set using an aerial survey with a 1:5000 scale. This title allows for better verification of boundaries compared to Nor Sor 3, although it is still less precise than a Chanote.
Sor Kor 1
- Description: The Sor Kor 1 is a notification form of possessed land, used to maintain existing rights. On December 1, 1954, the government required landowners to notify their possession using a Sor Kor 1 form. Once verified, the government would issue a Nor Sor 3 or Nor Sor 3 Gor, legally recognizing the owner’s rights. This document protects the owner’s rights in disputes with private individuals or the government.
Condominium Title
A Condominium Title refers to ownership of part of a building, along with a fractional interest in the land and common areas like a swimming pool or stairwell. The title document specifies the floor area of the private unit, the ground area of the common land, and the percentage of interest the unit has in the overall property. This percentage also determines the voting interest in the condominium association.
Building Transfers
For buildings other than condominiums, no specific title document exists. However, the sale or long lease of a building can be registered at the District Land Office. Ownership proof can be established through construction documents or a sale and purchase agreement. This should not be confused with the House License, which only records house occupants. When transferring ownership of a building distinct from its land, a 30-day public notice is required to allow for any disputes. Foreigners may own a building separate from the land and register this ownership with the Local District Office or Amphoe.
Key Points to Remember
- Always focus on land with a Chanote, Nor Sor 3, or Nor Sor 3 Gor title.
- Ensure all documents are reviewed by a competent lawyer.
- Be aware of the legal requirements for building on land in Thailand.