Call us now:
Land Code: an essential legal framework for structuring land ownership and use in Thailand
The Land Code in Thailand is one of the pillars of Thai land law. This code was promulgated on December 1, 1954, and has since undergone various amendments, including in 2008, to adapt to the country’s economic, legal, and social developments.
It governs all rules relating to the possession, use, allocation, and transfer of land within the territory. Understanding it is essential for any investor, expatriate or economic operator wishing to secure their property rights or land use rights in the Kingdom. In Thailand, where land is traditionally viewed as a collective asset and restrictions on foreign ownership are strict, the Land Code in Thailand is the fundamental legal instrument governing the legality of land transactions.
This article provides an in-depth examination of the principles of the Land Code in Thailand, highlighting its key provisions, its implications for individuals and
Table of Contents
What are the sources and structure of the Land Code in Thailand?
The Land Code in Thailand is the result of a codification process aimed at harmonizing existing land laws. It came into force on December 1, 1954, repealing no fewer than 14 previous laws, such as the Temporary Pre-emption Certificate Act, the old laws on the issuance of land titles, and those governing land speculation and the management of vacant land.
The Land Code in Thailand is structured into several chapters as follows:
- Chapter 1: General provisions
- Chapter 2: Land Allocation for the People
- Chapter 3: Delimitation of Rights in Land
- Chapter 4: Issuance of Documents Showing Rights in Land
- Chapter 5: Land survey
- Chapter 6: Recording of Rights and Legal Acts
- Chapter 7: Limitation of Rights in Land for Religious Purpose
- Chapter 8: Limitations of Aliens Right in Land
- Chapter 9: Limitations of Rights in Land of Some Categories of Juristic Persons
- Chapter 10: Trade in Land
- Chapter 11: Fee
- Chapter 12: Penalties
The entire Land Code in Thailand is characterized by a formal and hierarchical approach to land rights, distinguishing between simple occupation rights and full ownership rights.
Who can hold a right to land in Thailand under the Land Code?
The Land Code in Thailand clearly distinguishes between title deeds and rights of occupation or use (utilization certificates, pre-emption certificates).
Private ownership based on official title deeds
Section 3 of Chapter 1 of the Land Code in Thailand is very explicit about the circumstances and conditions under which a person can claim a land right. An individual can claim a legal right to land if they have a title issued before the Code was adopted in 1954, or if it was issued in accordance with the new legislation.
The requirement for a formal title means that mere occupation, even if prolonged and peaceful, is not sufficient to claim exclusive ownership. The regularization of such occupation necessarily involves a rigorous administrative procedure that must result in the issuance of an official document.
Only titles issued and registered by the Department of Lands have probative value and allow rights to be entered in the land registers. This procedure prevents competing claims and promotes full traceability of land rights.
Occupancy, preemption, and usage rights
In Thailand, there are several types of land titles, each conferring varying levels of property rights. The lowest level of title is the Pre-emption Certificate or Nor Sor 2. This type of document grants the holder limited use of a piece of land for a temporary period. It is often pending an assessment of the use and exploitation of the land.
Once the administration has established that the land is being used in a lawful and productive manner, it may issue a “Certificate of Use” (Nor Sor 3). This document certifies that the land is actually being used by its occupant and under the prescribed conditions. Its issuance marks an important step towards ownership, but does not confer full ownership rights. It requires the holder to comply with specific obligations, including non-transfer for a specified period, as specified in Article 31.
The highest land title is the “Title Deed” or Chanote (insert link to article on Chanote) (Nor Sor 4). The Chanote confers on the holder exclusive and perpetual ownership rights. It is issued after an official topographical survey and a thorough verification by the competent authorities, followed by publication. The Chanote, like all property titles, can be sold, leased, mortgaged, or transferred in accordance with the law. Only the Chanote title offers a proven solution against land and property fraud, drastically reducing land disputes.
How does the Land Code in Thailand regulate state land ownership and its allocation?
The Land Code in Thailand stipulates that all land not owned by a private individual belongs to the state (section 2). This rule is enforced by the Director-General of the Department of Lands. However, some plots of land may be leased or temporarily allocated to individuals or legal entities for economic activities (articles 10 to 12).
The National Land Allocation Commission may reserve land, approve allocation projects, or set conditions for use (section 20).
Get expert legal guidance.
What is the procedure for acquiring a title deed under the Land Code in Thailand?
The acquisition of a title deed or Chanote is a legal and administrative process that is strictly monitored and regulated by various sections of the Land Code in Thailand to ensure land security and prevent disputes in different territories by lenders and illegal usurpers. In addition, the acquisition procedure comprises two important steps: the establishment of initial rights and then the obtaining of the final title.
From preemption to use: preparatory steps
The applicant will generally begin by acquiring a “Pre-emption Certificate” (Nor Sor 2). This certificate constitutes a provisional occupation permit issued by the administration. It allows a person to occupy land that is still unoccupied or unallocated, provided that they undertake to develop it in accordance with its intended use. However, it does not constitute a property right or definitive recognition.
Once the land is actually being used in a compliant and productive manner, the administration may grant a Certificate of Use, or Nor Sor 3, to certify that the land has been developed in accordance with the occupancy contract. This personal right, which is non-transferable and virtually inalienable for a certain period of time, is subject to administrative control and is revoked in the event of non-compliance with the terms of the contract or abandonment.
The Chanote application: formalization and registration
Once the conditions of use have been met and the checks carried out, the holder of the Nor Sor 3 may apply for a Title Deed to be issued. Unlike the previous provision, Article 58 of the Land Code gives the provincial governor the right to declare an area “ready” for surveying.
By making this announcement, he officially launches the cadastral operations, which allow third parties with an interest in the land to claim their possible rights of opposition in the event of specific conflicts.
The administration then carries out the cadastral survey and all qualified officers carefully inspect the boundaries, location, and extent of the land, while creating a detailed map. The plan is then reviewed and, if there are no conflicts or violations, the Chanote is granted.
The Chanote is registered at the local land registry office, and the information in the register will be as follows: identity of the owner, geographical location of the plot, exact area, cadastral plan, and registration number. The original document is given to the holder, while the land department keeps a copy.
This is the final step in confirming full ownership of the land on the part of the authorities.
Does the Land Code in Thailand allow foreigners to own land?
In principle, the Land Code in Thailand prohibits foreigners from directly owning and purchasing land in Thailand.
However, in certain cases, as provided for by Thai law, a foreigner may obtain land ownership rights in Thailand.
How does the Land Code in Thailand deal with land abandonment and forfeiture of rights?
Article 6 states that abandonment of land for more than 10 years (for title deeds) or 5 years (for certificates of use) may result in the loss of rights by court order. This provision is intended to prevent speculation or hoarding of unused land.
Article 32 also authorizes the Director General to order the eviction of occupants who have not complied with the guidelines and are not in compliance with the standards of use.
What official documents prove land rights under the Land Code in Thailand?
The Code provides for several legal documents:
- The “Pre-emption Certificate” (Nor Sor 2), which certifies a temporary right,
- The “Certificate of Use” (Nor Sor 3), proof that the land has been used,
- The “Title Deed” (Chanote or Nor Sor 4), the only document certifying full and exclusive ownership.
These documents are all registered with the Department of Land Administration. Article 57 specifies their mandatory content. A copy of the Chanote is kept by the administration for control and traceability purposes.
Does the Land Code in Thailand interact with other texts?
The Land Code in Thailand applies throughout the country, except in cases where a special law provides for derogatory rules. It coexists in particular with the Civil and Commercial Code, the Foreign Business Act, the Condominium Act and laws on the environment, forests and mines.
Local authorities also have powers of allocation, as specified in Article 9/1. The Land Code in Thailand remains the main law governing land, but it is linked to other legislation.
Conclusion
The Land Code in Thailand is the cornerstone of Thai land law. All rights, obligations, and procedures relating to land, both private and public, are organized therein. It is by no means a mere administrative regulation, but a legal instrument that can be used either to protect, control, or develop the territory. Therefore, this law must be known to any investor or foreigner considering entering the Thai real estate or agricultural market. A review of the articles of the Land Code in Thailand shows that, to a large extent, it is a document aimed at rationalizing human land relations, protecting rights in the public interest, and protecting against abuse. However, to properly understand the texts of the law or certain specificities and nuances of procedures relating to declarations of rights, either a perfect understanding or a local lawyer familiar with the law is required.