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How Can a Buyer Check Whether a Phuket Developer Owns the Project Land?

Category : Phuket Property Buyer Knowledge Center | Posted On 2026-09-07 00:00:00

How Can a Buyer Check Whether a Phuket Developer Owns the Project Land?

Concise answer

A buyer can check whether a Phuket developer owns the project land by comparing the project’s land-title records with the developer’s current corporate records.

The buyer’s independent Thai lawyer should obtain and verify:

  • The current land title deed or other land-right document
  • A recent official Land Office search
  • The registered owner’s exact legal name
  • All mortgages, leases, servitudes, court orders and other encumbrances
  • The developer or project company’s Department of Business Development records
  • The authority of the company and directors signing the buyer’s contract
  • The legal relationship between the landowner, developer, seller and brand
  • Whether every plot needed for the project is controlled
  • Whether access roads, common areas and utilities are legally secured

The company advertising a development is not necessarily the registered landowner. The land may instead belong to:

  • A separate project company
  • The developer’s shareholder
  • A joint-venture partner
  • An unrelated Thai landowner
  • A lender following enforcement
  • Several different owners
  • A company granting development rights or a land lease

That arrangement is not automatically improper, but the developer must have legally enforceable authority to construct, sell and transfer the promised property rights.

A copy of a title deed supplied by a sales office is not enough. It may be incomplete, outdated, altered or relate to only part of the development. Ownership and encumbrances should be confirmed against current Land Office records before the reservation becomes non-refundable and again before substantial payments or transfer.


Detailed explanation

1. The project name is not the legal landowner

A development may be marketed under a well-known brand while the land is registered to a company with an unfamiliar name.

For example:

Commercial rolePossible legal party
Project brandMarketing name only
Parent developerGroup holding company
Project developerSpecial-purpose company
LandownerSeparate Thai company
Sales companyMarketing or agency company
Construction companyIndependent contractor
Hotel brandManagement or licence partner
Buyer’s contracting partyProject company or seller

The buyer should identify every party and understand what each one is legally responsible for.

2. The seller and landowner may be different

The company signing the reservation or sale agreement may not be named on the title deed.

This can occur where:

  • Developer leases the project land
  • Landowner grants development rights
  • Joint venture separates land ownership and construction
  • Parent company owns land while subsidiary sells units
  • Landowner has agreed to transfer plots directly to buyers
  • Condominium project company will later register the condominium
  • Villa developer sells buildings while another party leases the land

The structure requires documents connecting the seller’s contractual promise to the registered landowner.

3. Different ownership does not automatically mean fraud

Legitimate developments sometimes use separate companies for:

  • Land ownership
  • Construction
  • Project financing
  • Sales
  • Hotel management
  • Common-area management
  • Individual development phases

The important questions are:

  • Does the developer have binding authority?
  • Can the landowner withdraw?
  • Can the developer transfer the promised rights?
  • Is the buyer protected if the companies disagree?
  • Is the landowner directly bound to the buyer?
  • Do mortgages or creditor rights rank ahead of the buyer?

The buyer should assess the complete structure rather than relying on the developer’s group name.

4. The title deed is the starting point

For most Phuket developments, the preferred land title is a Chanote.

The lawyer should inspect:

  • Title type
  • Title number
  • Land number
  • Survey-page number
  • Subdistrict
  • District
  • Province
  • Registered area
  • Registered owner
  • Ownership history
  • Endorsements
  • Mortgages
  • Leases
  • Servitudes
  • Other registered rights

The title details must match the physical project site.

5. A title copy should be verified against official records

A photocopy, scan or sales brochure does not prove current ownership.

The title may have changed after the copy was issued through:

  • Sale
  • Mortgage
  • Lease
  • Servitude
  • Court attachment
  • Subdivision
  • Amalgamation
  • Correction
  • Cancellation
  • Other registration

The Department of Lands provides procedures for inspecting land records and requesting certified or image copies of title documents. Its e-service includes requests for copies of land-right documents and land-register evidence. Department of Lands e-service

A lawyer should determine which current records must be obtained from the competent Phuket Land Office.

6. The original title and Land Office counterpart should correspond

A Chanote generally has an official counterpart held in the Land Office records.

The lawyer should compare:

  • Front-page details
  • Registered ownership
  • Land description
  • Endorsements
  • Registration dates
  • Signatures and seals
  • Subdivision history
  • Encumbrances

An apparent original document should not be accepted without checking the official register.

7. The registered owner’s name must match exactly

Company names can be similar.

Differences may involve:

  • Thai spelling
  • English transliteration
  • Company number
  • “Development” versus “Property”
  • Singular or plural wording
  • Different group subsidiaries
  • Old company name
  • Branch or head office

The company-registration number provides a more reliable identifier than the commercial name alone.

The lawyer should confirm that the entity on the title deed is the same legal person shown in the supporting corporate documents.

8. The title must cover the actual construction site

A genuine title deed does not help if it relates to different land.

The buyer should verify:

  • Site boundaries
  • Survey markers
  • Plot coordinates
  • Road frontage
  • Neighbouring land
  • Project masterplan
  • Building location
  • Villa plot
  • Common areas
  • Access route

An independent licensed surveyor may be needed where the boundaries are unclear.

9. A project may comprise many title deeds

Large Phuket developments frequently occupy several plots.

These may contain:

  • Condominium building
  • Villa phase
  • Clubhouse
  • Swimming pool
  • Internal roads
  • Parking
  • Utilities
  • Drainage
  • Beach access
  • Landscaping
  • Future phases
  • Commercial areas

The developer may own the primary building plot but not a critical access road or facility.

The buyer should request a title schedule identifying every project plot and its intended use.

10. One missing plot can affect the entire project

A development may depend on a narrow strip of land for:

  • Road access
  • Electricity
  • Water pipeline
  • Drainage
  • Sewage
  • Emergency access
  • Construction access
  • Beach access
  • Connection between phases

If that land is not owned or protected by a registered right, the project may face operational or legal problems even if the main plot is secure.

11. Legal road access must be verified separately

A road shown on a masterplan may be:

  • Public road
  • Developer-owned private road
  • Road on another company’s land
  • Registered servitude
  • Informal access
  • Permission revocable by the owner
  • Land awaiting transfer to a project juristic person

The lawyer should confirm:

  • Road title
  • Registered owner
  • Width
  • Connection to a public road
  • Registered servitudes
  • Maintenance responsibility
  • Rights binding future owners
  • Emergency and utility access

Physical use of a road does not necessarily prove permanent legal access.

12. Common facilities may sit on separately owned land

The sales brochure may promise:

  • Clubhouse
  • Gym
  • Swimming pool
  • Restaurant
  • Reception
  • Tennis court
  • Children’s area
  • Beach club
  • Gardens
  • Parking

The buyer should determine:

  • Which title contains each facility
  • Who owns that title
  • Whether owners receive registered or contractual use rights
  • Whether the facility can later be sold
  • Who maintains it
  • Whether a mortgage affects it
  • Whether the developer may change its use

A facility located on developer-retained land may not become common property automatically.

13. The title endorsements reveal important risks

The back or endorsement section of a land title can record matters such as:

  • Transfer of ownership
  • Mortgage
  • Lease
  • Servitude
  • Superficies
  • Usufruct
  • Lifetime rights
  • Court attachment
  • Other registered juristic acts

The buyer should not review only the title’s front page.

An official search should establish the current status of every material endorsement.

14. A mortgage does not mean the developer does not own the land

A mortgaged title can still be registered in the developer’s name.

However, the mortgagee holds a secured interest that may affect:

  • Construction financing
  • Subdivision
  • Condominium registration
  • Plot transfer
  • Lease registration
  • Buyer priority
  • Foreclosure risk
  • Release at completion

The buyer must distinguish between:

  • Legal ownership
  • Unencumbered ownership
  • Ownership subject to secured lender rights

PR-KC-039 will examine mortgaged development land in detail.

15. The lender’s consent and release process must be understood

Where the project land is mortgaged, the buyer’s lawyer should ask for:

  • Mortgage details
  • Secured lender
  • Maximum secured amount
  • Relevant title deeds
  • Developer’s facility structure
  • Lender’s project consent
  • Unit or plot release mechanism
  • Required release payment
  • Simultaneous transfer arrangements
  • Evidence that buyer’s property will transfer free from mortgage

A verbal assurance that the bank “supports the project” is not a substitute for a documented release process.

16. A developer’s land lease should be reviewed in full

If the developer leases rather than owns the land, the lawyer should examine:

  • Registered lessor
  • Registered lessee
  • Lease term
  • Remaining term
  • Renewal wording
  • Development rights
  • Construction rights
  • Right to sell buildings
  • Right to sublease
  • Right to assign
  • Landlord consent requirements
  • Mortgage restrictions
  • Termination events
  • Effect of developer default
  • Effect of landowner sale
  • Effect of landowner death
  • Effect of insolvency

The development and buyer contracts cannot safely promise rights greater than the developer possesses.

17. An unregistered land agreement creates additional risk

A developer may rely on:

  • Memorandum of understanding
  • Option agreement
  • Sale agreement
  • Development agreement
  • Joint-venture agreement
  • Informal permission
  • Unregistered long-term lease

These may create contractual rights but may not provide the same protection as registered land rights.

The buyer should determine whether the arrangement binds:

  • Current landowner
  • Future purchaser
  • Mortgagee
  • Creditor
  • Heir
  • Insolvency administrator

18. The landowner should be directly bound where appropriate

If the developer does not own the land, stronger protection may require the landowner to:

  • Join the sale agreement
  • Acknowledge the buyer
  • Consent to construction
  • Consent to subdivision
  • Agree to transfer the plot
  • Grant the lease
  • Grant superficies
  • Grant access rights
  • Cooperate at the Land Office
  • Restrict mortgages and disposals
  • Agree to buyer remedies

A developer’s promise that an unrelated landowner will act later may be insufficient.

19. The buyer should identify the contracting company

The reservation and sale agreement should state:

  • Full Thai company name
  • Company-registration number
  • Registered address
  • Authorised directors
  • Signing requirements
  • Company seal requirement
  • Relationship to landowner
  • Relationship to project brand

The buyer should not accept a contract identifying only the development’s marketing name.

20. DBD records confirm the company’s legal identity

Thailand’s Department of Business Development maintains company-registration information.

DBD DataWarehouse+ can show information including:

  • Company status
  • Registered address
  • Registered capital
  • Registration history
  • Business objectives
  • Financial-statement information
  • Certain performance information

The DBD warns that registration data confirms a company’s legal existence but should be only one part of transaction due diligence. DBD DataWarehouse+

Company existence does not prove land ownership, project approval, financial strength or honesty.

21. A current company affidavit should be obtained

A company affidavit or certificate may identify:

  • Registered name
  • Company number
  • Status
  • Registered capital
  • Directors
  • Binding-signature conditions
  • Registered objectives
  • Registered office

The buyer should obtain a current certified document rather than relying on an old copy.

The DBD also provides verification for electronic English business-registration certificates. DBD English certificate verification

22. The contract must be signed correctly

A Thai company may be bound only when documents are signed according to its registered authority.

The company affidavit may require:

  • One named director
  • Two directors acting jointly
  • Director plus company seal
  • Specific combination of directors
  • Another registered condition

A salesperson, project manager or shareholder does not automatically have authority to bind the company.

Any power of attorney should be checked for validity and scope.

23. Shareholders and directors are not the same as the company

If a shareholder personally owns the project land, the company does not own it.

Likewise, land owned by:

  • Director
  • Founder
  • Director’s spouse
  • Parent company
  • Sister company
  • Joint-venture partner

is legally separate from land owned by the project company.

Statements such as “the owner owns both companies” do not eliminate this distinction.

24. Group ownership does not create automatic legal authority

Companies within the same property group are separate legal persons.

A parent company may not automatically be liable for:

  • Project-company promises
  • Refunds
  • Construction obligations
  • Land transfer
  • Defects
  • Completion
  • Insolvency

If the buyer relies on the parent developer’s financial standing or reputation, the contract may need:

  • Parent-company guarantee
  • Direct covenant
  • Completion guarantee
  • Refund guarantee
  • Other enforceable support

Brand reputation alone is not security.

25. The company’s status must be current

The lawyer should confirm whether the company is:

  • Active
  • Dormant
  • Under liquidation
  • Dissolved
  • Struck from the register
  • In rehabilitation
  • In bankruptcy proceedings
  • Late filing financial statements
  • Recently reactivated
  • Recently renamed

A dissolved or distressed company may lack the ability to complete or transfer the project.

26. Registered capital should not be confused with available cash

A company may advertise substantial registered capital.

Registered capital does not necessarily prove:

  • Capital was fully paid
  • Money remains available
  • Project is fully funded
  • Company has positive net assets
  • Company can repay buyers
  • Land is unencumbered

Financial statements, funding arrangements and project cash flow may be more informative.

27. Financial statements can reveal warning signs

Depending on availability and relevance, the lawyer or accountant may examine:

  • Revenue
  • Assets
  • Liabilities
  • Shareholder equity
  • Loans
  • Related-party balances
  • Accumulated losses
  • Auditor comments
  • Filing history
  • Going-concern issues

A new special-purpose project company may have limited historical accounts, so the buyer may need additional security from a stronger group company.

28. Recent acquisition of the land deserves investigation

A developer may have acquired the land shortly before launching sales.

The lawyer should examine:

  • Previous owner
  • Transfer date
  • Acquisition price where recorded
  • New mortgages
  • Related-party transfer
  • Pending obligations
  • Whether full consideration was paid
  • Whether litigation concerns the transfer
  • Whether the acquisition completed before buyer funds were collected

A recent acquisition is not necessarily problematic, but the transaction should be understood.

29. An agreement to buy land is not ownership

A developer may say it has “secured” the project site when it holds only:

  • Reservation
  • Option
  • Conditional sale agreement
  • Memorandum
  • Deposit receipt
  • Exclusivity agreement

Until ownership is registered, the current owner may remain another party.

The buyer should know whether the development is being sold before the developer has acquired the land and what happens if acquisition fails.

30. Off-plan payments should be conditional on land control

The contract may require that before substantial buyer payments:

  • Developer becomes registered owner
  • Required lease is registered
  • Landowner joins the contract
  • Mortgage consent is obtained
  • Development permit is issued
  • Land allocation approval is obtained
  • Condominium registration requirements are satisfied
  • Access is secured

The buyer should have a refund right if the condition is not met by a final date.

31. Land title alone does not prove development permission

Owning land does not automatically permit the proposed project.

Separate questions may include:

  • Zoning
  • Building-control restrictions
  • Environmental restrictions
  • EIA requirement
  • Building permit
  • Height limits
  • Slope restrictions
  • Setbacks
  • Road width
  • Drainage
  • Hotel licence
  • Land-allocation requirements
  • Condominium registration eligibility

Land ownership is necessary for many structures, but it is not a complete development approval.

32. Permit names should match the legal project structure

The buyer should compare the parties named on:

  • Land title
  • Building permit
  • EIA approval
  • Land-allocation licence
  • Construction contract
  • Utility applications
  • Condominium-registration application
  • Sale agreement

If different companies appear, the lawyer should confirm the legal relationship and transferability of the approvals.

33. Villa developments may require land-allocation approval

A project involving subdivision and sale of multiple plots may fall within Thailand’s land-allocation regime.

The Land Development Act B.E. 2543 (2000), as amended, regulates qualifying private land-allocation projects and addresses matters such as approvals, infrastructure, standard contracts and project juristic persons. The Department of Lands publishes the Act and related regulations. Department of Lands—Land Development Act

The buyer should verify:

  • Whether the project requires permission
  • Whether permission has been issued
  • Approved layout
  • Infrastructure obligations
  • Plot numbers
  • Common-property arrangements
  • Security provided for infrastructure
  • Any amendment to the approval

Thailand amended the Land Development Act again in 2025, so current legal advice is important. Department of Lands—2025 amendment

34. Condominium projects have a distinct land structure

Before condominium registration, the project land may be registered to the developer or project owner.

After registration, the land and qualifying common property form part of the registered condominium structure, while separate unit titles are issued.

The buyer should confirm:

  • Project owner
  • Condominium registration status
  • Land included in registration
  • Buildings included
  • Common property
  • Unit-title issuance
  • Mortgages
  • Juristic-person registration
  • Foreign quota

A project marketed as a condominium is not legally a registered condominium merely because construction has started.

35. Mortgaged condominium land requires careful handling

The Condominium Act addresses circumstances where project land is mortgaged before condominium registration.

Official Thai statutory materials explain that mortgage information may be carried onto unit titles and address transfer of units free from the applicable mortgage during first disposal. The exact release process should be verified with the lender and Land Office. Department of Lands—Condominium Act and regulations

A buyer should not assume the unit will be mortgage-free without documented transfer arrangements.

36. A bank financing the project is not proof of safety

Bank involvement may indicate that a lender performed its own assessment.

However, the bank primarily protects its own loan position.

The bank may:

  • Hold a first-ranking mortgage
  • Control release of plots or units
  • Stop further advances
  • Enforce security
  • Rank ahead of buyers

The buyer still needs independent due diligence and contract protection.

37. Government permits do not prove current ownership

A building permit or EIA approval may provide useful evidence concerning the project, but it does not replace a current title search.

Permits can be:

  • Issued to another party
  • Conditional
  • Amended
  • Expired
  • Revoked
  • Limited to different plans
  • Based on previous land control

Each approval should be checked for scope and current status.

38. Sales-office assurances should be verified independently

Statements that require verification include:

  • “The developer owns all the land.”
  • “The title is clean.”
  • “The bank will release every plot.”
  • “The road will become public.”
  • “The landowner is our partner.”
  • “The company structure is standard.”
  • “All permits are approved.”
  • “The Land Office has checked everything.”
  • “The project is government approved.”

Sales staff may repeat information supplied by management without having reviewed the legal records themselves.

39. Online maps are useful but not conclusive

Online mapping systems may help identify:

  • Approximate site
  • Parcel shape
  • Nearby roads
  • Surrounding development
  • Topography
  • Public land
  • Coastal position

They may not establish:

  • Current registered ownership
  • Complete encumbrances
  • Exact legal boundaries
  • Valid road rights
  • Title authenticity
  • Development permission

Official records and, where needed, a survey remain essential.

40. Title searches should be repeated

Land ownership and encumbrances can change after the buyer’s first legal review.

Updated checks may be appropriate:

  • Before reservation becomes non-refundable
  • Before signing the sale agreement
  • Before a major construction payment
  • Before land-lease registration
  • Before handover
  • Immediately before ownership transfer

The contract should restrict new mortgages, sales, leases or encumbrances without buyer consent.

41. The contract should identify the project land

A strong agreement should include or attach:

  • Title numbers
  • Land numbers
  • Survey-page numbers
  • Location
  • Project plan
  • Villa plot
  • Common areas
  • Access road
  • Relevant servitudes
  • Ownership details
  • Mortgage details
  • Release obligations

Descriptions such as “land within the project” are less precise.

42. The developer should promise continuing land control

The agreement may require the developer or landowner to:

  • Maintain ownership or registered rights
  • Avoid unauthorised transfers
  • Avoid new encumbrances
  • Preserve access
  • Maintain permits
  • Cooperate with registration
  • Obtain lender releases
  • Notify the buyer of material changes
  • Complete transfer by a stated date
  • Refund the buyer if land control fails

The buyer’s remedies should not depend solely on proving fraud.

43. Payment should track legal and construction progress

A safer payment structure may link money to:

  • Confirmed land ownership
  • Mortgagee consent
  • Permit issuance
  • Construction milestones
  • Plot subdivision
  • Completion
  • Title readiness
  • Lease registration
  • Simultaneous transfer

Paying most of the price before the developer owns or controls the required land materially increases buyer risk.

44. A reservation should remain conditional on land verification

Before a buyer has completed due diligence, the reservation should ideally be:

  • Subject to satisfactory title review
  • Subject to verification of land ownership
  • Subject to acceptable encumbrances
  • Subject to legal access
  • Subject to developer authority
  • Refundable if those conditions fail

The review period should begin only after the complete documents have been provided.

45. Independent legal review is essential

The buyer’s Thai property lawyer should confirm:

  • Exact project land
  • Title type
  • Current registered owner
  • Full ownership history where relevant
  • Mortgages
  • Leases
  • Servitudes
  • Superficies
  • Usufructs
  • Court attachments
  • Pending registrations
  • Physical boundary
  • Project masterplan
  • Access road
  • Utilities
  • Common-area land
  • Landowner identity
  • Developer identity
  • Seller identity
  • Corporate relationship
  • Director authority
  • Power of attorney
  • Company status
  • Shareholding
  • Financial filings
  • Development agreement
  • Land lease
  • Joint-venture agreement
  • Lender consent
  • Mortgage release
  • Building permit
  • EIA approval
  • Land-allocation approval
  • Condominium registration
  • Contract protections
  • Payment conditions
  • Refund rights

The lawyer should explain separately:

  • Who owns the land
  • Who is developing it
  • Who is selling to the buyer
  • What right the seller currently possesses
  • What right the buyer is promised
  • What must happen before that right can be registered
  • What could prevent transfer
  • What happens to the buyer’s money if the structure fails

Project-land verification table

FindingBuyer significance
Developer company is registered ownerPositive starting point, subject to encumbrances and authority
Separate project company owns landCommon structure; relationship and financial strength require review
Parent company owns landProject subsidiary needs binding authority
Individual shareholder owns landCompany does not own it; owner should be directly bound
Joint-venture partner owns landJoint-venture and transfer rights require examination
Developer holds registered leaseTerm, development and transfer rights must support buyer structure
Developer holds only unregistered agreementHigher enforceability and third-party risk
Developer holds only an optionLand acquisition has not completed
Multiple owners control project plotsEvery owner and agreement must be checked
Main plot is owned but access road is notPermanent access may be at risk
Land is mortgagedLender rights and release mechanism must be verified
Title copy is several months oldObtain updated official search
Company is active at DBDConfirms existence, not land ownership or financial safety
Company is dissolved or in liquidationSerious completion and transfer risk
Building permit is in another party’s nameLegal relationship and authority require review
Land-allocation approval is pendingSubdivision and infrastructure risk may remain
Condominium has not been registeredUnit titles and transfers are not yet available
Landowner joins buyer agreementStronger direct contractual connection
Parent company guarantees performanceMay improve recovery if guarantee is enforceable
Final payment occurs with transferBuyer retains greater leverage
Contract permits new mortgages without consentBuyer assumes increased encumbrance risk
Reservation is subject to title reviewBuyer has a clearer exit if verification fails

Practical buyer checklist

Before paying substantial money for a Phuket development, the buyer should:

  1. Identify the project’s legal name.
  2. Identify the project brand.
  3. Identify the sales company.
  4. Identify the contracting company.
  5. Identify the registered landowner.
  6. Record every company-registration number.
  7. Obtain current DBD records.
  8. Obtain a current company affidavit.
  9. Verify authorised directors.
  10. Verify signing requirements.
  11. Verify any power of attorney.
  12. Obtain the complete title schedule.
  13. Obtain copies of every project title.
  14. Verify title type.
  15. Verify title numbers.
  16. Verify registered owners.
  17. Verify the land area.
  18. Verify the physical location.
  19. Compare titles with the masterplan.
  20. Check title endorsements.
  21. Check mortgages.
  22. Check registered leases.
  23. Check servitudes.
  24. Check superficies and usufructs.
  25. Check court attachments and restrictions.
  26. Identify all access-road titles.
  27. Confirm registered road rights.
  28. Identify common-area titles.
  29. Identify utility-corridor rights.
  30. Check drainage and sewage rights.
  31. Determine whether the developer owns or leases the land.
  32. Review any land sale or option agreement.
  33. Review any development agreement.
  34. Review any joint-venture agreement.
  35. Bind the landowner directly where appropriate.
  36. Verify lender consent.
  37. Verify mortgage-release procedure.
  38. Confirm the building permit.
  39. Confirm the permit holder.
  40. Confirm EIA status where applicable.
  41. Confirm land-allocation approval where applicable.
  42. Confirm condominium-registration status where applicable.
  43. Review company financial statements.
  44. Check company litigation and insolvency.
  45. Make the reservation subject to satisfactory land review.
  46. Restrict new encumbrances contractually.
  47. Link payments to verified milestones.
  48. Repeat the title search before major payments.
  49. Repeat the search immediately before transfer.
  50. Obtain independent Thai legal advice.

Greg’s professional perspective

A developer does not have to use the same company name for its brand, landholding, construction and sales operations. Well-structured developments often use a dedicated project company. That alone is not a warning sign.

What matters is whether the legal chain is complete.

Before recommending that an international buyer make a substantial off-plan payment, I want clear answers to six questions:

  1. Who is the registered landowner?
  2. What company is signing the buyer’s contract?
  3. What legally connects those two parties?
  4. Is the land mortgaged or otherwise encumbered?
  5. Can the promised ownership or leasehold rights actually be registered?
  6. What protects the buyer if that registration cannot happen?

A glossy masterplan can show beautiful villas, private roads and a clubhouse. The title records may show that these components sit on several separately owned plots. One unsecured road or facility can materially change what the buyer is acquiring.

I would also avoid relying solely on an online company search or title copy. DBD records confirm that a company exists; they do not prove that it owns the project land. A title copy identifies land at a point in time; it does not prove that no mortgage or other right was registered afterward.

The dependable approach is to connect the official title records, current company documents, permits, financing arrangements and buyer contract into one coherent legal structure.

That is how Phuket Realtor helps international buyers Invest with Confidence.


Applicable date

Current as reviewed on: 7 September 2026

Thai land, company, condominium and land-allocation laws and administrative procedures may change. This entry should be reviewed following relevant legislation, Department of Lands procedures, DBD service changes or material Thai court decisions.


Location and property types

Location: Phuket, Thailand
Primary property types: Off-plan villas, condominiums, houses and mixed-use developments
Ownership types: Foreign freehold, Thai freehold, registered leasehold and separate villa-building ownership
Transaction types: Developer sales, project launches, construction-linked purchases and resales from project companies
Buyer type: Foreign individuals, investors, retirees, holiday-home buyers and qualifying foreign entities


Verified legal and authoritative sources

  • Thailand Land Code, as amended — governs land rights, ownership records and registration.
  • Thai Civil and Commercial Code — governs companies, contracts, agency, sales, leases, mortgages, servitudes, superficies and usufructs.
  • Condominium Act B.E. 2522 (1979), as amended — governs condominium land, registration, common property, unit titles, mortgages and transfers.
  • Land Development Act B.E. 2543 (2000), as amended — governs qualifying private land-allocation developments.
  • Land Development Act (No. 3) B.E. 2568 (2025) — current amendment to the land-allocation framework.
  • Building Control Act B.E. 2522 (1979), as amended — governs building-control permissions and requirements.
  • Department of Lands — official authority responsible for land records, titles, registered rights, condominium registration and land allocation.
  • Department of Lands e-service — provides services including requests for copies of land-right documents and registry evidence.
  • Department of Lands rules for inspection and copies of land records — official regulations concerning inspection, certified copies and asset searches.
  • Department of Lands—Land Development Act — official land-allocation legislation.
  • Department of Lands—2025 Land Development Act amendment — official amendment and summary materials.
  • Department of Lands—Condominium Act and regulations — official Thai condominium legislation.
  • DBD DataWarehouse+ — official company status, registration and financial-information platform.
  • DBD English business-registration certificates — official ordering and validation service for English company certificates.
  • Phuket Provincial Land Office and relevant branch Land Offices — responsible for Phuket title and registered-right records.
  • Phuket Department of Business Development office — responsible for relevant company-registration services.

Related questions

  • How can a buyer verify a Thai land title?
  • What information appears on a Chanote?
  • Can a sales-office title copy be trusted?
  • How can a buyer check current title encumbrances?
  • What is the difference between a developer and project company?
  • Can a company sell property it does not own?
  • Can a developer build on land owned by a shareholder?
  • What documents connect the developer to the landowner?
  • Should the landowner sign the buyer’s contract?
  • What is a development agreement?
  • What is a joint-venture agreement?
  • Can a developer sell before acquiring the project land?
  • What is a land option agreement?
  • How can a buyer confirm legal access?
  • Who should own the project roads?
  • Who owns the clubhouse and common areas?
  • What happens if part of the project sits on another owner’s land?
  • How can a buyer check a Thai company?
  • What does a DBD company affidavit show?
  • Does registered capital prove financial strength?
  • How can a buyer check company financial statements?
  • How can a buyer confirm director signing authority?
  • What happens if the project land is mortgaged?
  • Does bank financing mean a project is safe?
  • How are mortgages released from individual villa plots?
  • How are mortgages handled when a condominium is registered?
  • Does land ownership prove that construction is approved?
  • How can a buyer verify a building permit?
  • Does a villa development require a land-allocation licence?
  • When is a project legally a registered condominium?
  • How often should title searches be updated?
  • What clauses prevent the developer from mortgaging the land later?
  • Should off-plan payments depend on verified land ownership?
  • What happens if the developer loses control of the project land?

Knowledge-catalog administration

FieldEntry
Entry IDPR-KC-038
Primary questionHow Can a Buyer Check Whether a Phuket Developer Owns the Project Land?
ClassificationPublic
CategoryDeveloper Due Diligence, Land Ownership and Project Security
StatusDraft approved for publication following legal review
Responsible ownerGreg Carlson, Managing Partner
Author/reviewerGreg Carlson
Legal reviewIndependent Thai property, land, corporate and development lawyer recommended
Publication dateTo be entered when published
Last reviewed7 September 2026
Next scheduled review7 March 2027
Review frequencyEvery six months or following a relevant legal, judicial or administrative change
Geographic scopePhuket, Thailand
Primary property typesOff-plan villas, condominiums and mixed-use developments
Primary transaction issueVerification of project-land ownership and developer authority
Intended useWebsite, buyer education and approved AI knowledge
Legal-advice classificationGeneral information only

Disclaimer

This entry provides general educational information and does not constitute legal, property, land, corporate, construction, banking, tax, investment or financial advice. Project-land ownership, encumbrances, corporate authority, permits and transfer rights depend on official records, transaction documents and the facts of each development. Buyers should obtain case-specific advice and current searches from a qualified independent Thai property lawyer before paying a non-refundable reservation fee, signing a sale agreement or transferring substantial funds.


Phuket Realtor
Greg Carlson
Greg Carlson is known for his honesty, reliability and hard work which goes into every detail of your real estate transaction at Phuket Realtor. Greg was born on the west coast, raised in Texas and practiced accounting in the United States, With over 8 years of experience in Thailand real estate, he is now a partner at one of the best independent real estate agencies in Thailand, Phuket Realtor.

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