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Real Estate

Real Estate

Key Contacts

Cambodia

Laos

Myanmar

Thailand

Vietnam

OVERVIEW

Navigating Southeast Asia’s property markets with grounded expertise and commercial precision

At Tilleke & Gibbins, we represent both individuals and corporations in advising the clients on real estate, construction, and hospitality. We build on our deep local roots and significant legal and industry knowledge to provide strategic and commercially sound legal solutions on real estate projects and transactions in Thailand and across Southeast Asia. We work seamlessly across practices areas, offering comprehensive legal advice — from due diligence and transaction documentation, project financing, conveyancing and registering the ownership and possessory rights over the properties, to the successful handling of complex construction disputes — aimed at achieving business objectives and maximizing investment returns.

Our expertise includes conducting land title searches and due diligence, drafting and negotiating real estate and hospitality-related agreements, advising on foreign land ownership restrictions, and securing short-term or long-term leaseholds. We also provide guidance on building control and zoning regulations, draft or review construction agreements, assist manufacturers in acquiring land and constructing factories, and secure licenses and permits for businesses in industrial estate areas. When needed, we can ably represent clients in litigation or arbitration. With our extensive knowledge and experience, our team is best placed to help clients successfully manage the complexities and growing sophistication of the region’s real estate market.

Experience

  • Advised a major Japanese construction company in a USD 140,000,000 mixed-use office, condominium and serviced apartment project in Hanoi, including all licensing matters, land title issues, zoning variances, land subdivision, joint venture negotiations, corporate governance, and property management regulations.
  • Represented an American global investment bank in a joint investment with an American private equity firm to provide USD 235 million in equity injection and financing to a Thai property developer, to enable the development and completion of a mixed-use 77-storey luxury skyscraper and a nearby retail building in Bangkok’s central business district.
  • Worked with a leading Hong Kong law firm on the Southeast Asian elements of an acquisition of a chain of over 40 hotels, including extensive holdings in emerging markets such as Cambodia, where our team advised on extensive market entry and localization concerns as part of the client’s due diligence.
  • Advised on a mixed development of an entire island, including land acquisition, development and construction permits, joint venture agreements, financing, customer and supplier contracts, and the legal and tax structure.
  • Retained to represent a hospitality and real estate development company on the development, division, and sale of one of the most valuable stretches of beachfront real estate in Thailand, including the division and sale of several parcels of land to hospitality groups, real estate development companies, and medical and retirement facility operators, as well as the construction and operation of the client’s own properties. Every transaction is tailored to maintain the future integrity of the entire beachfront, and interacts with a complex web of interrelated easements and other obligations on each owner.
  • Assisted a property developer backed by Swedish investors in restructuring their corporate structure for an ambitious multimillion-dollar condominium and villa project in Phuket Province.
  • Advised a key client on its various property joint venture projects with a major property group, including financing agreements, project joint venture agreements, and legal and tax structuring of specific condominium projects.
  • Advising a major Thai hospitality developer and operator on its development of a 100 acres golf club and resort city in Thailand, including shops, restaurants, a hospital, a football field, a stadium, and tourism attractions
  • Represented one of the world’s most recognizable fashion and luxury goods retailers in several commercial real estate disputes in Thailand arising from the disputed termination of a 30-year franchisee relationship. This representation includes negotiation and settlement of lease hold and commercial franchisee contracts with both the outgoing franchisee and the incoming franchisee partner, one of Southeast Asia’s largest and most successful commercial retailers.
  • Helped a major U.S. hospitality chain to structure, draft, and negotiate management contracts and conduct due diligence for six hotel, resort, and condominium projects in compliance with Vietnamese law, including  land title, zoning issues, complex brand licensing, and various taxation issues.
  • Acted as counsel to the developer of various condominium projects in Pattaya. Our involvement covered all aspects of the condominium project, including legal structuring of investor groups, financing, land acquisition, and contracts.
  • Represented a client as a joint defendant in a civil lawsuit filed by the owner of adjacent land. The land owner petitioned the court to register a right-of-way across our client’s land to a public road. The trial court rendered judgment in favor of our client and dismissed the land owner’s complaint.
  • Assisted an international investor with all legal aspects of a land deal, including corporate structure, contract negotiation, and transfer of property. The investor secured ownership of over 20 individual plots of prime beachfront property, which allowed for the eventual establishment of a high-end resort project valued at over THB 1,500,000,000.
  • Restructured the complete set of home loan documents for a global financial institution. The documentation set includes the facility agreement, mortgage agreement, and tripartite agreements between the bank, borrowers, and real estate developers.

PROFESSIONALS

RELATED INSIGHTS

August 27, 2026
On August 25, 2026, Thailand’s Ministry of Interior issued an urgent circular letter (No. MorTor 0515.2/Wor 19097) to all provincial governors, introducing enhanced enforcement guidelines for the investigation and prosecution of suspected nominee landownership by foreign nationals. The circular letter builds upon a prior circular letter issued on April 19, 2023 (No. MorTor 0515.2/Wor 7665), which first established the framework for provincial-level investigation committees and interagency cooperation on this issue. Under Thailand’s Land Code, foreign nationals are generally prohibited from owning land. To circumvent this restriction, some foreign nationals have historically used Thai nominees, whether individuals or Thai-registered juristic persons, to hold land on their behalf. Various government enforcement measures have been progressively strengthened in recent years. The new circular letter introduces three key measures: Expanded investigation committees. Provincial authorities must add representatives from specialized investigative agencies (such as local police superintendents) to the existing Fact-Finding and Investigation Committees, giving them broader access to shareholding data, tax records, immigration information, financial records, and evidentiary materials. Proactive screening of juristic persons. Provincial Land Offices are now required to actively screen and flag juristic persons (companies, partnerships, etc.) that show risk indicators of acting as nominees for foreign land ownership. The screening results must be referred to the investigation committees, which will determine whether the entity qualifies as a “foreign national” under the Land Code or was set up to circumvent the law. Two-track enforcement actions. Based on the committee’s findings, enforcement may consist of one or both of the following: Land disposal: If a juristic person is classified as a foreign national under the law, the provincial governor sets a deadline for the entity to dispose of the land under the Land Code. Criminal prosecution: If the entity was established specifically to hold land on behalf of a foreign national in circumvention
August 20, 2026
As part of its membership in Lex Mundi, Tilleke & Gibbins has released the latest edition of its Guide to Doing Business in Thailand, providing an overview of the legal, regulatory, and commercial considerations for companies establishing or expanding operations in Thailand. The 2026 edition offers practical insight into the country’s business environment, investment framework, and operational requirements. The guide covers a wide range of topics relevant to foreign and domestic investors, including: Investment incentives and promotion schemes Financial facilities and banking regulations Exchange controls and money transfers Import and export regulations Business structures and incorporation options Requirements for establishing a business Operational and compliance considerations Business cessation and insolvency procedures Employment and labor laws Taxation Immigration and visa requirements Prepared by Tilleke & Gibbins lawyers across multiple practice areas, the publication outlines key aspects of doing business in Thailand, including foreign investment restrictions, regulatory compliance obligations, corporate structures, employment requirements, and recent legal and economic developments affecting investors. The publication forms part of Lex Mundi’s Country Guides series, a global collection of jurisdiction-specific reference materials prepared by member firms around the world. Together, these guides help companies evaluate opportunities, compare regulatory environments, and plan international business activities across multiple markets. The full Guide to Doing Business in Thailand 2026 is available through the button below.
August 11, 2026
Cambodia’s Ministry of Justice has launched a new platform on its official website to publish notices of forced sales issued by each municipal and provincial court of first instance. The platform’s stated purpose is to inform the public and facilitate greater participation in forced-sale auctions conducted in connection with court-ordered enforcement proceedings. How the Platform Works The platform publishes forced-sale notices from courts of first instance across Cambodia’s municipalities and provinces and includes a link where the public can view properties currently subject to forced sale. To participate in a forced-sale auction, individuals can download Khmer-language bidding application forms through links provided on the platform. The form typically requires the applicant’s name, sex, year of birth, identity card number and issue date, and address, together with details identifying the immovable property (including its ownership certificate number), the relevant enforcement case number and date, and the reference to the public auction or tender announcement issued by the court. Completed application forms must be submitted directly to the specific municipal or provincial court that issued the forced sale. For further inquiries about a particular forced sale, interested parties should likewise contact the relevant municipal or provincial court. Forced Sale of Immovable Property in Cambodia The publication of these notices relates to the forced sale procedure for immovable property under Cambodia’s Code of Civil Procedure (CPC). Unlike property seizure by a court, a forced sale is a compulsory execution proceeding—a subsequent enforcement step that arises only after an underlying dispute has been adjudicated and a debtor fails to pay the debt or outstanding amount due under a final and binding judgment or other enforceable title of execution. For the purposes of this procedure, the term “immovable property” under the CPC refers to land, registered buildings, jointly held shares of such property, registered
July 3, 2026
Thailand will keep its reduced government fees for property sale and mortgage registration in place for another year. Two Ministry of Interior notifications, issued following a cabinet resolution on June 30, 2026, and published in the Government Gazette on July 1, 2026, extend the previously reduced fee levels through June 30, 2027. The reduced registration fees apply to the sale and mortgage of the same property types covered in prior versions of the scheme: detached houses, semidetached houses, row houses, commercial buildings, land transferred together with such buildings, and condominium units. To be eligible for the reduced fees, the purchase price, the officially assessed value, and the mortgage amount must each not exceed THB 7 million, and the buyer must be a Thai individual. The reduced registration fees for eligible sales and mortgages are calculated as follows: Sale: 0.01% of the official assessed value (reduced from standard rate of 2%) Mortgage: 0.01% of the mortgage amount (reduced from standard rate of 1%) The reduced mortgage registration fee applies only if the mortgage is registered at the same time as the sale of the property.
AWARDS & RANKINGS
May 11, 2026
Tilleke & Gibbins has continued to show excellent performance in the recently released Benchmark Litigation 2026 rankings for dispute resolution firms in the Asia-Pacific region. The rankings include two jurisdictions where Tilleke & Gibbins is active: Thailand and Vietnam. Firm Rankings A full summary of the firm’s rankings is provided below: Thailand Commercial & Transactions – Tier 1 Government & Regulatory – Tier 1 Labor & Employment – Tier 1 Intellectual Property – Tier 1 Trade & Customs – Tier 2 Vietnam Commercial & Transactions (Foreign Firms) – Tier 1 Intellectual Property (Foreign Firms) – Tier 1 Labor & Employment (International Firms) – Highly Recommended (top tier awarded in this category) White Collar Crime – Recommended (top tier awarded in this category) Energy & Construction (Foreign Firms) – Tier 2 International Arbitration – Tier 2 Individual Rankings The 2026 edition also recognizes 12 Tilleke & Gibbins lawyers in Thailand—more than any other firm in the jurisdiction—and four in Vietnam. Thailand Alongkorn Tongmee – Trade & Customs Chitchai Punsan – Commercial & Transactions Chusert Supasitthumrong – Labor & Employment John Frangos – Commercial & Transactions Noppramart Thammateeradaycho – Shipping Nuttaphol Arammuang – Intellectual Property Piyawat Vitooraporn – Commercial & Transactions Pongpalin Chantrapirom – Commercial & Transactions Suebsiri Taweepon – Intellectual Property Suruswadee Jaimsuwan – Commercial & Transactions Thawat Damsa-ard – Commercial & Transactions Tiziana Sucharitkul – Commercial & Transactions, Government & Regulatory Vietnam Duc Anh Tran – Commercial & Transactions Linh Duy Mai – Intellectual Property Loc Xuan Le – Intellectual Property Tu Anh Tran – Commercial & Transactions Benchmark Litigation’s annual research is based on interviews with dispute resolution specialists and clients, as well as analysis of recent casework and market developments. To view the full results, please visit the Benchmark Litigation websites for Thailand and Vietnam.
April 16, 2026
Tilleke & Gibbins has been recognized in the In-House Community (IHC) Firms of the Year 2025, with acknowledgments across a broad range of practice areas in Thailand and Vietnam. The results are based on feedback from in-house counsel across Asia Pacific, reflecting client perspectives on the quality and responsiveness of legal services. In Thailand, the firm received recognition in 13 categories, including 12 Firm of the Year awards and one Honorable Mention. The Firm of the Year recognitions cover: Antitrust / Competition Capital Markets Corporate & M&A Employment Energy & Projects Intellectual Property International Arbitration Litigation & Dispute Resolution Restructuring & Insolvency Taxation Technology, Media & Telecommunications Most Responsive International Law Firm – Thailand The firm also received an Honorable Mention for Real Estate & Construction. In Vietnam, Tilleke & Gibbins was recognized in seven categories. The firm received Firm of the Year awards in: Employment Intellectual Property Litigation & Dispute Resolution Technology, Media & Telecommunications Most Responsive International Law Firm – Vietnam In addition, the firm received Honorable Mentions for International Arbitration and Real Estate & Construction. The IHC Firms of the Year recognitions are based on voluntary survey responses, client feedback, testimonials, and independent research conducted by the IHC team, rather than a submission-based or benchmarking methodology. While not intended to be exhaustive, the results provide a useful snapshot of client sentiment within the in-house legal community. The full results are available on the IHC website.