Buying, selling, renting, mortgages, law and tax, written so you can decide when you finish reading
The Land Department registers inheritance transfers both with and without an administrator. Without one there is a 30-day notice under section 81 and about 47 days in total, but the one-year limitation under section 1754 is already running.
Both are done at the land office and both require a survey, taking around three months plus the local queue. The expensive trap is that selling ten or more subdivided plots falls under the allocation law, and further splits within three years count towards that total.
A house bought during the marriage is marital property and divided equally, whatever the deed says. That is only half the answer, because the loan is not divided with it. A divorce agreement binds the two of you, not the lender: while your name is on the loan, the bank can pursue you for all of it.
Start with the city plan colour, because if it does not permit your operation nothing else matters. Then work through truck access, the electrical supply actually available, water, ground level and flood history, and earth filling, which has a statute of its own that buyers forget most often.
It depends on what they built and whether they built in good faith. Where a dwelling encroaches only slightly in good faith, section 1312 leaves the builder owning the structure while paying for the land and registering a servitude. Walls, carports, pipes, pumps and water tanks are not covered by that section at all.
You can buy it, but a servitude runs with the land rather than the owner, so it always passes to the buyer, and a sale does not extinguish one that already existed. The real trap is a servitude acquired by prescription, which needs no registration yet still binds a buyer, so it appears nowhere on the title deed.
A sale with right of redemption transfers ownership to the buyer on the day of registration, leaving only the right to redeem. The 2019 protection Act sets the redemption period at one to ten years, caps the redemption sum at 15% a year as interest, and lets the seller stay in the property without paying consideration.
Arrears of three months or more on estate maintenance charges can cost you the use of the shared facilities, and at six months the official may suspend registration of rights over that plot until the debt is paid, under Section 50 of the Land Subdivision Act B.E. 2543. The debt is a preferential claim over the plot.
A gift to a child and an inheritance both carry a registration fee of 0.5% of appraised value against the ordinary 2%. A gift to a legitimate child carries no income tax for the giver and is exempt for the child up to THB 20 million a tax year, while inheritance tax begins only above THB 100 million.
A sale within five years attracts specific business tax of 3.3% unless the seller has been in the house registration for at least a year, while withholding tax rises with the holding period because the flat expense allowance falls from 92% to 50%. On a THB 3 million home sold in year three, that document is worth THB 84,000.
Arrears on condominium common fees attract a surcharge of up to 12% a year, rising to 20% once six months are outstanding, and at that point the co-owner may lose the use of common property and the vote at the general meeting. More decisively, no transfer registers without the debt-free certificate required by Section 29.
The cabinet resolution of 30 June 2026 extends the cut in the transfer fee from 2% to 0.01% and the mortgage registration fee from 1% to 0.01% until 30 June 2027, while the Bank of Thailand has extended the 100% LTV ceiling to the same date. This article works out the real saving at each price point, explains the THB 7 million condition that catches people out, and separates the fees that were cut from the taxes that were not.
