Title Deeds and Due Diligence in Phuket: Chanote, Nor Sor 3 Gor and What Your Lawyer Must Check

Thai land documents are not equal. Rights such as leases, superficies and mortgages can only be registered against certain documents, and the boundaries of weaker ones are uncertain.

A condominium unit has its own document, the condominium unit title deed (Chanote Hong Chud), issued for each registered unit.

In Phuket the coastal and hillside land that buyers want most is also where historic claims, encroachments on public land and forest boundaries cause trouble. A Chanote on its own is not a guarantee; it is the starting point for the checks below.

Copies from the seller are not enough. An independent lawyer requests the official record from the Land Office and compares it with what you are being sold.

• Owner: the registered owner matches the seller (or the company selling), and the person signing has authority.
• Encumbrances on the back of the title: mortgages, existing leases, usufruct, superficies, servitudes, court orders or seizures. A mortgaged plot can be sold only with the bank's consent and a plan to discharge it.
• Boundaries and size: the surveyed area matches the brochure; a boundary survey may be ordered if in doubt.
• History: how and when the title was issued or upgraded. Titles issued over former public or forest land have been revoked in Thailand.
• Access: the plot has legal access to a public road, or a registered servitude over the neighbour's land. A track you can drive on today is not the same as a right of way.

For condos the equivalent checks are the unit title, the building's registration as a condominium, the foreign quota position, and a letter from the juristic person confirming no unpaid fees.

A good title does not mean you can build, or that what was built is legal.

• Building permit and completion: for an existing villa, compare the permit drawings with the house. Extra floors, pools or rooms added without a permit cause problems with insurance, resale and rental licensing.
• Hillside rules: Phuket's environmental zoning was revised in December 2024, including conditional development in parts of the 80–140 m elevation band. Elevation, slope and building height are different tests, so get a plot-specific determination of the zone, permitted height, coverage and setbacks before you buy land.
• Coastal setbacks and height limits: zones near the sea limit height and distance from the shore.
• Environmental Impact Assessment: under the national residential-building category, 80 or more units or at least 4,000 m² of usable area can trigger an EIA, and Phuket has its own environmental-protection rules on top. Check the project's actual category and approval against the permit drawings. Selling before approval is a red flag; see our off-plan guide.
• Land use for rentals: if you plan to register small accommodation, the property's land use and building type must allow it; see our legal renting guide.

The seller

• Individuals: identity, marital status (a spouse may need to consent), and any claims against them.
• Companies and developers: registration, directors and authorised signatories at the Department of Business Development, financial statements, litigation, and completed projects. For company-owned land, see our Thai company guide.

The contract

• Price, what is included (furniture, fixtures), and payment schedule tied to conditions, not just dates.
• Who pays each tax and fee at transfer.
• Deposit terms: refundable if due diligence fails, with the conditions written out.
• For leases: term, registration, succession to heirs, assignment, renewal wording, and what happens to the house at the end.
• For off-plan: specifications, completion date, delay penalties, and your rights if permits are refused.
• Governing language: a bilingual contract with the Thai version reviewed by your lawyer.

Due diligence on a typical Phuket villa or condo takes about two to four weeks and is usually priced as a fixed fee or a percentage; get written quotes from two or three independent firms, with the scope (Land Office search, report, contract review) spelled out. It is the cheapest insurance in the purchase.

Red flags

• Pressure to pay a large non-refundable deposit before checks.
• No title copy, or a title in a different name with a vague explanation.
• Weak land documents presented as "same as Chanote".
• Access by an unregistered track through someone else's land.
• Construction or rooms that do not match the permit.
• Off-plan sales before EIA approval or a building permit.
• A company structure where the Thai shareholders cannot show their own investment.
• The seller's lawyer offering to "handle both sides".

If two or more of these appear, walk away; Phuket has plenty of properties with clean paperwork. Every listing in our catalogue shows its ownership form, and we can introduce an independent lawyer before you commit.