Lawyer Checks for a Phuket Leasehold Villa
Before you buy a leasehold villa in Phuket, your lawyer looks at the land and the people first. That means the title deed and everything registered against it at the Land Office, the landowner's identity and, where needed, the spouse's consent, then the zoning, the building permit, the road in and the utilities. Only then the lease: a term of up to 30 years, registered; renewal as an option; permission to transfer and sublet; a succession clause; and superficies for the house.
Updated 2 October 2026
- What does the title search at the Land Office cover?Who owns the plot, what sits on it, and what happened to it before.
- Who is granting the lease, and are they able to?The person named on the title deed, with papers to match.
- Is the house legal where it stands?That is what the permits answer.
In this article
What does the title search at the Land Office cover?
Who owns the plot, what sits on it, and what happened to it before. ThaiLawOnline begins its routine there: confirm the owner, find any encumbrances, then turn the deed over. The back shows the chain of possession and every mortgage, lease, charge or right registered against the land.
Why at the Land Office and not from a copy? A photocopy shows what the seller chose to copy. The register shows everything, including an older lease on the same plot or a mortgage that has to be cleared before yours goes on.
The type of document matters as much as its content. A Chanote with surveyed boundaries is the firm base for a long lease; the differences between land documents are set out on is it safe to buy property in Phuket.
If you want to stay near the plot while the lawyer works, a chat message with your dates, group size and bedrooms is enough. We answer with nearby villas we have checked in person, the conditions of each and the downsides we saw.
Who is granting the lease, and are they able to?
The person named on the title deed, with papers to match. The lawyer holds the landowner's Thai ID card or passport against the register and checks that they can legally sign; Juslaws & Consult put the seller's capacity on the same list as the title itself.
Is the landowner married? It can matter. ThaiLawOnline notes that a spouse's consent may be needed to sell, and the lawyer checks whether that applies here. If a company owns the land, the check moves to the company file and to who may sign for it.
The lawyer also asks about disputes. Juslaws & Consult include pending litigation in the routine, because a dispute over the land is something to know about before a lease on it is registered in your name.
Is the house legal where it stands?
That is what the permits answer. ThaiLawOnline lists the construction permit, Form Or.1, which authorises the original work, and the lawyer compares the permit and the plans with what was actually built.
Zoning comes next. Land in Thailand is zoned for homes, businesses and factories, and Juslaws & Consult add planning permissions and environmental restrictions to the list; a lawyer checks that a residence is allowed on the plot and that nothing planned around it changes that.
Then the physical side. ThaiLawOnline recommends an inspection on site to confirm there is real access to the land and that the plot is connected to water and electricity. If the road to the plot crosses someone else's land, the lawyer looks for a right of way registered on the deed, and our page on inspecting a villa covers what to look at in the house itself.
Worth knowingA house that looks finished can still be missing its permit. Ask for Form Or.1 and the plans before the deposit, and have the lawyer compare them with what is built.
What must the lease contract contain?
The term, the rent and the clauses that decide the next owner, the next term and the next generation. Section 540 of the Civil and Commercial Code caps the term at 30 years, and Section 538 makes a lease longer than three years enforceable beyond three only once it is in writing and registered.
The rest is drafting. Section 544 forbids transferring or subletting unless the contract allows it, so that permission has to be written in. A renewal promised in advance on the same terms was refused by the Supreme Court in decision No. 4655/2566, and Addleshaw Goddard recommends a renewal option for the lessee with rent tied to an index such as CPI. Succession has to be express, because by default the lease ends with the leaseholder.
Each of these is explained in more depth on our pages what happens when a Phuket lease expires and can children inherit a leasehold.
- Term and start date — up to 30 years, matching the registration
- Total rent and how it is paid — the base for the registration fee
- Renewal — a lessee's option with a rent formula, not identical terms
- Transfer and sublet — express permission under Section 544
- Succession — the lease continues for named heirs
- The building — superficies registered, and what happens to the house at expiry
What gets registered, and in what order?
Two rights, both at the Land Office: the lease of the land and the superficies for the house. Siam Legal stresses that superficies has to be registered with the Land Department to be enforceable, and that the Land Officer has discretion over approval, so the lawyer prepares it together with the lease rather than as an afterthought.
Money follows registration. The rent paid up front for a long term is the base for a registration fee of 1% plus 0.1% stamp duty, and the full list of charges is on fees and taxes when buying a villa. Paying the bulk of the price before the lease is in the register gives away the protection the register exists to provide.
We relied on ThaiLawOnline and Juslaws & Consult for the due-diligence routine, on the English texts of the hire-of-property sections of the Civil and Commercial Code, on Addleshaw Goddard for the renewal ruling and on Siam Legal for superficies. None of it replaces legal advice: this is general information, and the checks themselves are the work of a licensed lawyer in Thailand on your specific deal.
Questions people ask
What should a lawyer check before I buy a leasehold villa in Phuket?
The land first: the title deed and its registered encumbrances, the landowner and any spouse's consent, zoning, the building permit, access and utilities. Then the lease: term, registration, renewal option, transfer, succession and superficies for the house.
Is a copy of the title deed from the seller enough?
No. The lawyer searches the official record at the Land Office, including the back of the deed with its mortgages, leases and other registered rights.
Why does the landowner's marriage matter?
Because spousal consent may be required to deal with the property. The lawyer checks whether it applies and gets it in writing before registration.
Does the house need its own paperwork?
Yes. A construction permit (Form Or.1) shows it was built legally, and a registered superficies makes the building yours on land you only lease.
Can I pay the full price before the lease is registered?
You can, but you would be paying for a promise. Payment tied to registration at the Land Office keeps the money and the right moving together.
Will a renewal clause protect me for 60 years?
Not on its own. The Supreme Court refused a renewal pre-agreed on the original terms, so a lawyer writes renewal as an option with a rent formula and you plan on the first 30 years.
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Area, dates, how many adults and children. We reply in writing, with the house, the terms and the deposit spelled out before you book.