Registered land and building lease up to 30 years
A lease of immovable property for more than three years must be registered with the competent official to be enforceable for its full term, and the Civil and Commercial Code caps a lease at thirty years — with important caveats about renewal promises and the separate commercial and industrial lease regime.
Section 538 of the Civil and Commercial Code requires a lease of immovable property to be evidenced in writing signed by the party liable, failing which it cannot be enforced by action. A lease longer than three years, or for the life of the lessee or lessor, must additionally be made in writing and registered with the competent official, otherwise it is enforceable for three years only. This is why long leases signed privately and never registered collapse to three years in a dispute.
Section 540 caps a lease of immovable property at thirty years; a longer term is reduced to thirty years. The lease may be renewed on expiry, but the renewed term must again not exceed thirty years from the renewal date. A promise in the first contract to grant another thirty years therefore does not automatically give the tenant sixty years. Thai courts have taken more than one view on the binding effect of such promises, so relying on a renewal clause alone carries risk that should be assessed with a lawyer before a large investment.
The Immovable Property Leasing for Commercial and Industrial Purposes Act B.E. 2542 permits leases beyond thirty years only for qualifying commercial or industrial use, subject to the criteria, land size and approvals the Act sets out. It is not a route for ordinary residential arrangements, and eligibility must be checked with the relevant authority before relying on it.
A registered lease is endorsed on the reverse of the land title deed or the condominium unit title, which is what makes it binding on a subsequent owner. In practice, review the registration record on the title before signing, to see whether a mortgage, usufruct, servitude or earlier lease is already registered.
Where a party is a foreign national, the Land Office will ask for a translation of the passport or identity document and often for an interpreter or a translated contract, to confirm the party understands the text being registered. Detailed practice varies between local Land Offices.
Documents to prepare
- Owner's copy of the land title deed or condominium unit title
- ID card or passport of both parties, with certified translation where needed
- Draft lease stating the term, rent and each party's obligations
- Spousal consent where the property is marital property
- Company affidavit and board resolution where a party is a company
- Department of Lands power of attorney form if a party will not attend
Order of steps
- Check the registration record on the title for existing encumbrances
- Finalise the lease terms before booking the registration appointment
- Prepare translations of identity documents and the lease for a foreign party
- Register the lease at the Land Office for the district where the property sits
- Collect the lease endorsed on the title and keep a counterpart for each side
Pre-filing checklist
- The term does not exceed thirty years under section 540
- A lease over three years is actually registered, not merely signed privately
- No mortgage or competing right conflicts with the lease
- Any renewal arrangement has been risk-assessed with a lawyer
- A foreign party has a translation they understand before signing
Frequently asked questions
What is the maximum lease term for land in Thailand?
Section 540 of the Civil and Commercial Code caps it at thirty years; a longer term is reduced to thirty. It may be renewed, but the renewed term again cannot exceed thirty years from the renewal date.
Is an unregistered thirty-year lease valid?
It is enforceable for three years only. Under section 538, a lease of immovable property longer than three years must be in writing and registered with the competent official to be enforceable for the full agreed term.
Does a promise to renew for another thirty years give me sixty years?
Not automatically. Renewal is permitted, but it must happen at expiry and be registered afresh. The binding effect of a renewal promise in the original contract has been decided differently on different facts, so assess the risk with a lawyer before investing.
Is there any way to lease for more than thirty years?
The Immovable Property Leasing for Commercial and Industrial Purposes Act B.E. 2542 allows it only for qualifying commercial or industrial use, subject to the Act's criteria and approvals. It is not a route for ordinary residential use.
If the owner sells the land during the lease, do I lose my rights?
A registered lease is endorsed on the title and binds the new owner. An unregistered lease carries far weaker protection.
For a document review before you file at the Land Office, contact us on LINE @nycli, phone +66-83-249-4999 or email nycli@ilc.ltd. Our team will confirm the steps, anything still missing and a realistic timeline.