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November 1, 2023

Commercial Real Estate Law in Southeast Asia

The commercial real estate sector in Southeast Asia is a dynamic and innovative space, but businesses also face an array of complex legal challenges. With real estate investments transcending borders and regulations, businesses in the region confront a legal environment that demands a clear understanding of the rules and procedures in each jurisdiction.

Authored by legal experts at Tilleke & Gibbins, Commercial Real Estate Law in Southeast Asia is a comprehensive resource that addresses the legal issues relevant to enterprises involved in the commercial real estate sector. The guide explores the nuances of commercial real estate law in Cambodia, Laos, Myanmar, Thailand, and Vietnam, providing an overview of the regulatory framework and legal environment governing property transactions in these countries.

Within the guide, readers will find detailed sections dedicated to each country, offering in-depth insights into the legal instruments, regulatory authorities, and procedural requirements that shape the commercial real estate landscape. Each section outlines the real estate activities that are permissible, those that are restricted, and the associated liabilities and penalties for noncompliance.

The full Commercial Real Estate Law in Southeast Asia guide is available through the button below.

RELATED INSIGHTS​ 

April 29, 2011
In certain jurisdictions, an escrow account system is required in order to protect the interests of the purchasers of properties. In an escrow arrangement, the buyer and the seller mutually agree to appoint a third party escrow agent, who will hold the seller’s documents and assets on the one hand, and, on the other, the buyer’s deposit or the whole purchase price. This involves a tri-party written agreement known as an escrow agreement. The escrow agent has a duty to ensure that the parties fulfill their obligations under both the purchase contract and the escrow agreement.
April 29, 2011
Registration of mortgage of immovable property is a popular method for creditors to obtain security for a debt, especially in instances of borrowing money from a bank, financial institution, or juristic person (a limited company). Until fairly recently, borrowers often faced difficulties in getting a loan from a juristic entity (both local and foreign companies), as well as a bank or financial institution other than those established and incorporated in Thailand.
April 29, 2011
Condominium ownership has become an increasingly popular method of investment in Thailand by foreign investors. When making the decision to purchase a condominium, however, it is necessary for foreigners to comply with several conditions under the Condominium Act B.E. 2522 (A.D. 1979). One issue that is frequently raised by foreign investors is what will happen to their condominium if they pass away. Given the broad range of conditions attached to condominium ownership, foreign investors are justified in wondering about the requirements that will apply to their successor.
April 28, 2011
On October 11, 2010, the Securities and Exchange Commission of Thailand (SEC) approved the regulatory framework for establishing real estate investment trusts (REITs) in Thailand. The evolution of real property financing in Thailand—from primarily bank loans to the rigid Property Fund for Public Offering (PFPO) to the proposed REIT—reflects the liberalization of the Thai market, the need for alternative funding options in the wake of the recovery of Thailand’s property sector, and the need for Thailand to maintain its regional competitiveness.