Glossary, buying process

Power of attorney in Thai property

หนังสือมอบอำนาจ

A power of attorney authorises another person to act in your place. For a Thai property transfer the land office accepts only its own Thai-language forms: Tor Dor 21 for land and houses, and Or Chor 21 for condominium units.

A power of attorney lets your lawyer attend the land office for you, so you need not be in Thailand on transfer day. A general power of attorney drafted abroad in English is not enough by itself: the Department of Lands form must be used.

The form has to state the property by its title deed details, the act being authorised and the other party. Complete every blank before you sign. A signed blank form can be filled in to authorise something you did not intend, and land offices reject forms with alterations.

If you sign outside Thailand, the signature normally has to be certified by a Thai embassy or consulate, or notarised and legalised. The exact requirement differs by country and by land office, so have your lawyer confirm it with the office handling the transfer. A certified copy of your passport goes with the form.

Land offices treat a power of attorney as current for a limited period only, so sign close to the transfer date. See title deeds and due diligence and the off-plan buying process.

General guidance, not legal or tax advice. Take independent legal advice before you commit to a purchase.

Terms related to power of attorney

Land office: The land office is the local branch of the Department of Lands where title deeds are held and every sale, lease, mortgage and other right over property is registered. A transfer of Thai property takes legal effect only when it is registered there.
Snagging: Snagging is the inspection of a newly built property before handover to list defects for the developer to put right. It should be completed, and the repairs checked, before the buyer pays the final instalment and registers the transfer.
Sale and purchase agreement (SPA): The sale and purchase agreement is the contract in which buyer and seller commit to transfer a property on agreed terms: price, payment schedule, completion date, specification and who pays which taxes. Ownership passes later, on registration at the land office.