When buying Phuket property, on the date of the transfer of ownership at the Phuket Land Department, there are certain documents that must be presented to the government official. This article explains what is required.  

The normal procedures when purchasing Phuket Property are quite easy to follow, even for a first time buyer. Normally, once the buyer and the seller have agreed on a sales price, a Reservation Agreement is drafted, usually by the seller’s lawyer.

As soon as the deposit has been paid by the buyer and receipted by the seller (or the sellers lawyer or a developer), the lawyers will both work together to draft and agree on all the terms of the sale and purchase with a “Sales and Purchase Agreement” (also called an SPA), with both sides trying to get the best terms they can from the corresponding party.

Once the Sales and Purchase Agreement has been agreed upon, a date will be set at the Land Department for the transfer of ownership, which will be stated in the Sales and Purchase Agreement.

When purchasing Phuket property, all transactions are carried out and certified by the nearest Land Office/Department. The Land Department is the only government authority capable of carrying this transaction out.

For a transfer to be conducted successfully, here are the documents required to be present to the Land department on the day of transfer of ownership:

  • The passports and/or ID-cards of both the buyer and the seller
  • The Chanote land title deed
  • The building permit
  • The official documents related to real estate purchase
  • If the property is a resale villa or a resale condo, then the house book is required (also called Tabien Baan)

On the date of the transfer of ownership of a building or a condominium there will be taxes to pay. These may be corporate or personal income taxes, which will be paid by the seller.

But the government transfer fees, stamp duty etc. will also be due, calculated based on the sales price or appraised value, and are usually split 50/50 between the buyer and the seller.

As always, it is essential that buyers seek legal advice from a reputable lawyer when entering into a real estate transaction in Phuket.