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

Attorneys from Tilleke & Gibbins have updated the latest edition of Doing Business in Thailand, a Q&A-style guide from Thomson Reuters Practical Law that offers an overview of key legal considerations for companies operating in jurisdictions worldwide. The contribution outlines the country’s legal and regulatory framework for foreign investment and business operations and reflects the latest legislative developments. The chapter addresses the following core topics: Legal system: Structure of the courts and the codified nature of Thai law. Foreign investment: Business restrictions under the Foreign Business Act, sector-specific regulations, exchange control rules, and investment incentives. Business vehicles: Overview of partnerships, private and public limited companies, and other legal entities. Employment: Labor protections, employment contracts, foreign worker requirements, and termination procedures. Tax: Corporate and personal income tax, indirect taxes, and tax obligations for residents and non-residents. Intellectual property: Registration and enforcement of patents, trademarks, designs, and copyrights. Data protection: Key provisions of the Personal Data Protection Act and related compliance obligations. Competition law: Regulatory framework under the Trade Competition Act. Anti-bribery and corruption: Relevant legislation and enforcement mechanisms. E-commerce and digital business: Legal regime for online transactions and digital platforms. Marketing and advertising: Consumer protection laws and regulations affecting advertising and marketing practices. Product regulation and liability: Safety standards, liability regimes, and roles of enforcement authorities. Practical Law, a legal reference resource from Thomson Reuters, publishes a range of guides for hundreds of jurisdictions and practice areas. The insurance and reinsurance guide is a valuable resource for legal practitioners, covering numerous jurisdictions worldwide. To view the latest version of the guide, please visit the Practical Law website and enroll in the free Practical Law trial to gain full access.

On February 26, 2025, Thailand’s National Anti-Corruption Commission (NACC) issued a notification titled “Criteria for Individuals Living Together as Husband and Wife that Are Considered as De Facto Spouses (No. 2) B.E. 2568 (2025).” This new notification, published in the Government Gazette on March 7, 2025, took effect retroactively from January 22, 2025. Prior to this notification, the term “spouses” specifically included “individuals living together as husband and wife” without registering marriage, referring to similar language at the time in Thailand’s Civil and Commercial Code. However, it was unclear whether this term included same-sex and other nontraditional couples. After the Marriage Equality Act revised this language in the Civil and Commercial Code to only refer to “spouses” (with a gender-neutral Thai word), the NACC took the opportunity to issue a new notification that simply replaces any mention of “husband and wife” with “spouses,” thereby removing the ambiguity. As a result, this new notification covers same-sex de facto spouses of politicians and high-ranking officials. These spouses’ assets must now be declared together with the officials’ assets. Additionally, same-sex de facto spouses of state officials are prohibited from engaging in business with the Thai government that may present conflicts of interest. Importantly, the notification also impacts the interpretation of the Office of the Prime Minister’s (OPM) Regulation on the Giving or Receiving of Gifts by Public Officials B.E. 2565 (2022). In this regard, same-sex de facto spouses of government officials are now also prohibited from accepting gifts or other benefits related to official duties. This is because the OPM regulation references the NACC definitions when defining “family members” to include “de facto husband and wife.” Under the OPM regulation, public officials and their supervisors are strictly prohibited from permitting or condoning family members’ acceptance of gifts or other benefits related to