You are using an outdated browser and your browsing experience will not be optimal. Please update to the latest version of Microsoft Edge, Google Chrome or Mozilla Firefox. Install Microsoft Edge

November 13, 2025

Legal Options for Addressing Challenges with Land Matters in Thailand

Subscribe to Updates

The Land Department in Thailand’s Ministry of the Interior (MOI) plays a central role in ensuring the stability and legality of real estate transactions in the country. Its core responsibilities include issuing land title deeds, registering transactions (e.g., sales, mortgages, leases), conducting surveys for subdivision or consolidation of land, and providing information and guidance on land and property development laws.

These administrative functions secure investor confidence and support transparency in the Thai property market, so any delay can have a significant impact. This is especially true for investors who depend on timely registration to secure or transfer property rights. Delays can create liquidity risks, postpone project timelines, and even reduce Thailand’s attractiveness as a real estate investment destination.

This article explores the nature of these challenges, the legal framework governing the timelines for administrative actions, and remedies available under Thai law.

Sources of Delay

Procedural delays at land offices can arise for a variety of structural and operational reasons. These include approval processes that require several levels of internal review, heavy staff workloads, and occasional communication gaps within the bureaucratic chain. Many processes still rely upon manual documentation, which can prolong administrative steps and increase the likelihood of bottlenecks.

Some delays stem from ongoing investigations into the legality of land titles. For example, a land title deed may have an annotation indicating that the title deed is under investigation to verify its legality. Even though this annotation does not legally prohibit the sale or transfer of the land, in practice, most prospective purchasers are reluctant to proceed with a transaction until the annotation is removed. As a result, the land can become effectively illiquid during the investigation period, leading to significant investment delays.

While such investigations are essential to maintaining the integrity of Thailand’s land registration system, prolonged inquiries without clear timelines can affect investor confidence and obstruct legitimate commercial activity.

Timelines for Administrative Action

Thailand has taken important steps to address concerns about bureaucratic delays by enacting legal instruments that impose procedural timelines on government agencies, including the Land Department. Two of these are outlined below.

Act on the Determination of Timeframes in the Justice Process B.E. 2565 (2022)

The Act on the Determination of Timeframes in the Justice Process B.E. 2565 (2022) requires all government agencies under the MOI, including the Land Department, to establish and publicly announce clear timelines for the completion of administrative tasks. Affected agencies must ensure that these timelines are accessible and understandable to the public. If an official cannot complete a process within a prescribed timeline, he or she must record the reason for the delay, specify the estimated completion date, and notify relevant parties. A record must also be available for verification and audit.

Land Code

The Land Code sets a specific timeline for investigations concerning irregularities in land title issuance. Once an investigation has been ordered, it must be completed within sixty days. An investigation committee may recommend extending this period for up to an additional sixty days, if necessary, by issuing a report, after which a Land Department Officer or authorized delegate must issue a final decision within fifteen days.

These provisions are designed to ensure that inquiries do not remain pending indefinitely. However, the law also allows the investigation period to be extended when deemed “necessary,” and the law does not explicitly specify how many times such an extension may be granted. In practice, therefore, officers may consider granting an extension more than once.  This discretionary flexibility can contribute to prolonged or unpredictable delays.

Available Remedies

If the Land Department’s action or inaction causes undue delay, affected parties have the right to claim damages and seek revocation of unlawful orders issued by officials. Thai law provides several administrative and judicial remedies to expedite or rectify such a situation.

 Administrative Complaints to Expedite the Process

  • Damrongdhama Center: Individuals can submit complaints through the MOI’s Damrongdhama Center (a complaint-handling unit) either in person, by post, via telephone hotline, through a mobile application, or online.
  • Direct complaint to the Land Department: Parties may file a petition directly with a Land Department officer or with the provincial or branch Land Office responsible for the area in which the matter arose.

These channels can prompt internal reviews and often help move pending matters forward.

Civil and Administrative Claims for Damages

  • Civil liability: Under Thailand’s Civil and Commercial Code, a person who suffers loss due to a wrongful act by an official may claim compensation. The Supreme Administrative Court has affirmed this principle.
  • Administrative liability: The State Officials Liability Act B.E. 2539 (1996) allows for claims against the state for wrongful acts (e.g., asking the court to revoke unlawful orders) committed by government officers in the course of their duties. Under the Administrative Procedure Act B.E. 2539 (1996), parties may also challenge unlawful or unreasonable administrative decisions or delays. The Administrative Court has ruled in several cases that excessive or unjustified delays can amount to administrative misconduct subject to judicial review.

Criminal Proceedings for Misconduct

In severe cases involving intentional wrongdoing or abuse of authority, criminal prosecution may be available under the Thai Penal Code, together with the Land Code.

Outlook: Remedies and Reform

The primary focus of legal remedies is to address individual cases rather than systemic inefficiencies. Delays involving land matters in Thailand, however, often reflect broader administrative challenges, such as limited resources, complex procedural requirements, and the need for modernization.

Sustainable reform therefore requires a systemic approach, as timely and predictable land administration will be able to sustain investor confidence and support the continued growth of Thailand’s real estate sector. Although legal mechanisms are in place to address delays, true efficiency depends on long-term administrative reform and digital modernization within the related government agencies.

Mindful of this broader context, investors or property owners facing prolonged delays or legal uncertainty should prepare necessary documentation, maintain clear communication with authorities, and seek proper professional legal assistance.

Related Professionals

Practices

Dispute Resolution and Litigation

Real Estate

Location

RELATED INSIGHTS​ 

June 13, 2025
In today’s digital age, cyberattacks have become a real threat to organizations worldwide. These attacks can range from phishing and malware to ransomware and distributed denial of service (DDoS) attacks. As the frequency and sophistication of these attacks increase, so does the importance of cybersecurity compliance. In the corporate world, compliance refers to the process of ensuring that a company and its employees adhere to all relevant laws, regulations, standards, and ethical practices—but it should not stop there. Compliance should also encompass asset recovery and disciplinary measures, which can both help organizations address incidents effectively and promote good governance. Cyberattacks are malicious attempts to access or damage a computer system or network, often carried out for financial gain, for political activism, or simply to cause disruption. For instance, a successful attack might involve an attacker creating an email address that closely resembles a legitimate one, perhaps by changing only one or two characters. That email address is then inserted into an existing conversation thread, making it appear as if the user with this email address was already part of the discussion. This tactic can easily deceive a recipient into believing the email was sent from a trusted source, thereby leading them to click on malicious links, provide sensitive information, or even make payments in accordance with the attacker’s request or instructions. Phishing attacks like these are particularly dangerous and can have a serious impact on the ongoing business of a corporation because they exploit the trust and familiarity established in the original email chain. Effective Mitigation Approaches Mechanisms for addressing the aftermath of a crisis provide important recourse to affected organizations, but effective compliance mechanisms can minimize the risk of such crises ever occurring. Companies should therefore prioritize preventative measures and implementation of effective crisis management schemes. Various legal
Read More
June 11, 2025
Thailand’s tax dispute resolution framework has undergone a significant transformation with the enactment of the Act Establishing the Tax Court and the Procedure for Tax Cases (No. 3) B.E. 2568. Published in the Government Gazette on May 27, 2025, the amended act will come into force on November 24, 2025, which is 180 days after its publication. The amended act marks a pivotal shift in the jurisdiction and procedures of the Tax Court, most notably by empowering it to adjudicate certain criminal tax cases for the first time. Background and Rationale The Tax Court was originally established in 1985 as a specialized forum to handle complex tax disputes, including those related to revenue, customs, and excise taxes. The creation of the Tax Court recognized the need for judicial expertise in tax law, given its technical and specialized nature. The latest amendment is designed to address procedural inefficiencies, modernize court processes, and align Thailand’s tax litigation system with international standards. The reform demonstrates Thailand’s commitment to enhancing the efficiency, transparency, and fairness of its tax dispute resolution mechanisms. Key Amendments and Provisions Six of the key changes in the amendment are highlighted below. Expansion of jurisdiction to criminal tax cases. The most significant change is the extension of the Tax Court’s jurisdiction to include criminal offenses under the Revenue Code, customs law, excise tax law, and other tax-related laws that may be specified by royal decree. New sections in the act explicitly grant the Tax Court authority to hear and decide criminal tax cases, so individuals and entities accused of criminal tax evasion or other tax-related crimes will now have their cases heard by judges with specialized tax expertise. The law also clarifies the Tax Court’s jurisdiction when a single act constitutes multiple offenses (some tax-related, some not) or when
Read More
June 4, 2025
The growth of Vietnam’s vibrant digital economy offers tremendous potential but is also a driver of the persistent problem of online intellectual property (IP) infringement. The spectrum of issues faced by IP rights holders runs from copyright piracy on digital services (such as streaming and torrent sites) to the sale of counterfeit goods via e-commerce sites and social platforms to the misuse of rights through misleading use of trademarks. These infringements do not only eat into profits; they damage brand reputation and mislead consumers. As a result, site blocking and keyword blocking have become increasingly important components of the enforcement toolkit available in Vietnam. Legal Framework for Blocking Actions Site and keyword blocking in Vietnam is supported by a growing legal framework, particularly following the 2022 amendment to the IP Law. Prior to this, the legal basis for blocking was scattered across various laws, and internet service providers (ISPs) were only obligated to block access to infringing content upon official requests from authorities. The introduction of Article 198b under the amended IP Law marked a significant shift, establishing a clearer mechanism for rights holders to request site blocking directly. This provision obliges them to act upon valid takedown or blocking requests. In addition to the IP Law, other key legislation includes the Law on Information Technology, the Law on Cybersecurity, the Law on Advertising, and various decrees. Together, these laws provide a more structured and enforceable basis for blocking actions in Vietnam, though practical enforcement still depends on ISP cooperation and the clarity of the infringement evidence. Competent Authorities Previously, rights holders could pursue administrative actions through specialized inspectorates under the Ministry of Science and Technology, the Ministry of Culture, Sports and Tourism, or the Vietnam E-Commerce and Digital Economy Agency (iDEA). However, due to a recent government restructuring,
Read More
May 28, 2025
Tilleke & Gibbins attorneys in Vietnam have contributed the 2025 edition of Doing Business in Vietnam, a comprehensive Q&A-style resource from Thomson Reuters Practical Law that provides essential insights for companies navigating business operations in Vietnam. The guide presents a detailed overview of the country’s legal framework and regulatory environment, reflecting recent updates in Vietnamese legislation and practice. This annually updated guide offers key information on the following areas: Legal system: Structure of the Vietnamese judiciary and the role of codified law. Foreign investment: Conditions for market access, licensing requirements, foreign ownership restrictions, and investment incentives. Business vehicles: Formation and operation of legal entities, including limited liability companies, joint-stock companies, and representative offices. Employment: Employment contracts, social insurance, labor rights, and procedures for hiring foreign nationals. Tax: Overview of corporate income tax, personal income tax, value-added tax, and other tax obligations. Intellectual property: Procedures for protecting and enforcing patents, trademarks, copyrights, and other IP rights. Data protection: Compliance requirements under Vietnam’s data privacy laws, including the Personal Data Protection Decree. Competition law: Antitrust rules and regulatory oversight under the Law on Competition. Anti-bribery and corruption: Legal framework and enforcement practices aimed at curbing corrupt activities. E-commerce and digital business: Regulations governing online platforms, digital content, and cross-border services. Marketing and advertising: Laws and guidelines on advertising standards and consumer protection. Product regulation and liability: Safety requirements, product liability issues, and roles of relevant authorities. Doing Business in Vietnam is part of Practical Law’s global series of legal guides designed to support international practitioners and businesses. To access the most recent edition of the Vietnam guide, visit the Practical Law website and sign up for a free trial.
Read More