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 23, 2023
April and May witnessed intriguing developments within Vietnam’s intellectual property community. On the legislation side, of particular note was the issuance of Decree No. 17/2023/ND-CP on April 26, coinciding with World IP Day. Decree 17 provides guidance on implementation of the 2022 Intellectual Property Law with regard to copyright and related rights, and has garnered significant attention due to several issues, especially the liability of intermediary (internet) service providers and copyright violation in the digital environment. Additionally, two noteworthy IP cases have emerged, albeit with limited public disclosure and awareness of specific details. Nonetheless, these cases are expected to have far-reaching implications. Copyright: Criminal Case Against Unauthorized Broadcasting of Football Matches For a considerable period of time, Vietnamese football enthusiasts have enjoyed being able to watch matches on TV and online from numerous top global football leagues. While many of these broadcasts were legitimate, with the rights purchased by Vietnamese and regional broadcasters, the unauthorized transmission and broadcasting of football matches on the internet has become increasingly prevalent. Authorities have seemingly faced challenges in curbing this issue through criminal action. In a positive development, in early May the Hanoi police decided to open a criminal proceeding against the unauthorized transmission and broadcasting of high-profile overseas football matches after a rigorous two-year investigation. Prior to this decision, authorities encountered difficulties in accurately determining the relevant laws and the nature of the violation to meet the requirements for prosecution. Specifically, they grappled with the question of whether a football match, or more specifically, a recorded video of a football match, could be considered a copyrighted work. If copyright protection extended to football matches and/or recorded videos, then transmitting and broadcasting these matches directly through the internet could be deemed illegal acts of copying or distributing (copyrighted) works, as outlined in Article
Read More
June 8, 2023
Arbitration specialists from Tilleke & Gibbins’ dispute resolution team in Bangkok contributed the Thailand chapter to the recently published Challenging and Enforcing Arbitration Awards Guide from Global Arbitration Review (GAR). The Challenging and Enforcing Arbitration Awards Guide addresses the evolving realities of today’s legal landscape, in which enforcement of arbitral awards is a growing concern. It also offers guidance on challenging awards in different jurisdictions. Part I of the guide offers a comprehensive thematic overview to provide readers with a clear understanding of the intricacies involved in the arbitration process. Part II then explores the specifics of challenging and enforcing arbitration awards in 29 different jurisdictions. The Thailand chapter—which was authored by counsel Michael Ramirez, partner Noppramart Thammateeradaycho, and associate Anyamani Yimsaard—covers the following topics: Requirements for the form of arbitral awards; Recourse against an award; Setting aside; Recognition and enforcement of awards; Procedure for service of judicial and extrajudicial documents; Identification of assets; Enforcement proceedings; Interim measures; Attachment proceedings; and Recognition and enforcement against foreign states. The Thailand chapter can be downloaded through the button below, or visit the GAR website to explore the full guide.
Read More
June 2, 2023
Efficiency and predictability in the global supply chain are critical for business operations. Whether involved in manufacturing, distribution, logistics, or even in the provision of services, most business operators rely upon problem-free customs clearance in the countries in which they operate. If customs disputes do arise and are not effectively addressed, they can have a profound impact on operations, delaying delivery, creating potential civil and criminal liabilities, or even resulting in the seizure of imported goods. Often, importers or their agents can become complacent, particularly where there has been a period of months or even years of customs clearance without encountering any issues. However, disputes can arise, often relating to origin of goods, classification, and duty assessment. When not addressed early in the dispute process or through settlement, a dispute can escalate, leading to issuance of official letters of assessment by customs authorities. Once Thai customs has issued such a formal letter of assessment to an importer, discretion in settlement is gone and only the full value of the duty assessment can be accepted. At this stage, the only legal avenue for challenge is to accept the duty assessment or to litigate. This article addresses post-assessment litigation options to challenge official customs duty assessments. Customs Board of Appeals Once an official assessment is made, an importer has the right to seek a formal appeal of the customs assessment with the Customs Board of Appeals or to otherwise make payment of the full assessment within 30 days of the date it received the assessment. Extensions of time are not permitted. With few exceptions, the right to appeal does not allow the importer to defer an assessed duty payment. This means that the importer must post security for the assessed duty at the time of filing the appeal. This essentially means
Read More
April 28, 2023
Thailand’s legal system is based on European continental civil law systems, with a three-tier court system. Precedents set by the Thai Supreme Court are merely considered as examples of the application of laws and are not binding on Thai courts. While the country’s judiciary and dispute resolution mechanisms are well developed, some aspects can be unfamiliar or even surprising to counsel unfamiliar with the Thai court system. This article introduces some of the Thai civil court procedures and practices, and covers several key issues it is important to understand regarding civil litigation in Thailand. Offers of compromise or settlement In Thailand, there is no such thing as an ‘offer without prejudice’. Anything put in writing can be used against the offering party. Therefore, compromises, settlements, and offers to compromise or settle should not be made before consulting with legal counsel. Similarly, parties at trial or anticipating litigation should be cautious in all communications with the opposing party. Location of assets Before initiating litigation, plaintiffs should investigate the nature and extent of the defendant’s assets in Thailand and abroad. A monetary judgment is of limited value if the defendant has little or no recoverable assets. Therefore, any information a claimant has on the opposing party should be assessed at the beginning of the case or as soon as is reasonably possible. Language of documents All documents submitted to a Thai court must be in the Thai language. Foreign documents must be the originals or certified copies, and certain documents also need to be notarised and then authenticated by a Thai consular official. Court costs A plaintiff must pay a court filing fee when submitting a case. This is usually 2% of the claim amount but will not exceed THB 200,000 per action for claims of up to THB 50 million.
Read More