Before your first payment, a lawyer checks six things: the developer on DBD DataWarehouse+ (the Department of Business Development's company register), the title and encumbrances at the Land Department, the project's permits, the 49% foreign quota for a condo, the reservation and contract, and how the money moves. A red flag on any of them is a reason to stop while the money is still yours (as of 6 October 2026).
In short
- Check the developer on DBD DataWarehouse+: registration and financial statements, then the building permit, the condominium registration and, for large projects, the environmental impact assessment (EIA) approval (Palmora, 28 March 2026; ananasinsider, 21 August 2026).
- Check the land through a certified copy of the Chanote (the full title deed) for mortgages, encumbrances, disputes and seizure. The Land Department does not register Sor Kor 1 or Por Bor Tor 5 (ThaiLawOnline, 26 September 2026).
- For a condo, get a quota letter from the juristic person that runs the building, issued shortly before you pay (terms.law, February 2026).
- Since 31 January 2025 condo reservations use a standard form from the Office of the Consumer Protection Board (OCPB), and keeping your money when you are not in default is banned (Palmora, 28 March 2026).
- Escrow is optional, so tie payments to construction stages. Never send money to an agent's or lawyer's personal account (ThaiLawOnline; Palmora, 28 March 2026; Hua Hin Legal, July 2025).
What does due diligence on a Phuket property include?
Due diligence has six parts: the developer, the land, the permits, the quota, the reservation and contract, and the money. Each part has a document, an office and a red flag that stops the payment. The list builds on the Phuket condo buyer's checklist and adds the stop signals.
| What we check | Where | Red flag |
|---|---|---|
| Developer | DBD DataWarehouse+: registration and accounts | Not in the register, or no accounts filed |
| Land under the project | Certified Chanote copy, Land Department | Mortgage, encumbrance, dispute, seizure, or a title other than a Chanote |
| Permits | Building permit; EIA in the ONEP database for large projects | Permit numbers are not given |
| Foreign quota (condo) | Juristic person's letter, Land Department | No letter, or an old one |
| Reservation and contract | OCPB form, contract text | Reservation money kept without your default |
| Money | Bank, escrow or staged payments | Payment to an agent's or lawyer's personal account |
How do you check a developer and its permits?
Search the developer on DBD DataWarehouse+ for the company card and financial statements. Then check the building permit, the condominium registration and, for large projects, the EIA approval in the ONEP database. Ask for the document numbers and verify them yourself: "everything is approved" is not a document (Palmora, 28 March 2026; ananasinsider, 21 August 2026).
If the seller is a company, look at its shareholders and the source of its capital. The 2026 enforcement targets structures where a foreigner funds the Thai shareholders of a company that owns land or runs an unlicensed hotel. In the 20 June 2026 police operation, Phuket alone had 10 suspected nominee companies and 39 mixed-shareholder companies (Nation Thailand, 20 June 2026). Such structures face forced disposal of the land under Land Code s. 111 and dissolution of the company, so we pause a purchase from them until the structure is clear (ThaiLawOnline; Lex Bangkok).
How do you check the title and encumbrances?
Check the title on a certified copy of the Chanote. A Chanote (Nor Sor 4 Jor) is issued after a GPS survey and is the only title suited to a mortgage and normal conveyancing. The Land Department is then searched for mortgages, encumbrances, disputes and seizure (ThaiLawOnline, 26 September 2026).
Nor Sor 3 Gor can usually be upgraded to a Chanote, Nor Sor 3 needs a 30-day notice, and Sor Kor 1 cannot be registered. A foreigner cannot hold a Chanote in their own name (Land Code s. 86), so you buy a condo unit or hold a lease, usufruct or superficies recorded on the Thai owner's title. Zoning and access are checked separately. The title types are explained in Thai land title deeds explained.
Which reservation and payment terms should worry you?
Since 31 January 2025 an OCPB notification (B.E. 2567) gives condo reservations a standard Thai-language form. It bans clauses that keep your money without your default, charge to assign the reservation, change terms unilaterally or waive liability for late handover. Breaches carry a fine of up to THB 200,000 and/or a year in prison (Palmora, 28 March 2026).
The form is in Thai, so ask for a certified translation before you sign. The deposit cap and refund steps are unconfirmed in our sources, so we read them in your form. Escrow under the Escrow Act B.E. 2551 is optional: most developers take payments directly and only some banks offer escrow. If escrow exists, tie the release to registered title transfer, not to construction completion (ThaiLawOnline; Palmora).
Red flag for US buyers: the Treaty of Amity
A seller or agent may tell an American that the Treaty of Amity allows owning land. It does not: the treaty lets US nationals run certain businesses, but no treaty gives a foreigner the right to own land, and that includes the one with the United States (Land Code s. 86; ThaiLawOnline; as of 6 October 2026). Treat the claim as a reason to stop and ask for the legal basis in writing.
What we do
We check the property before your first payment and give you a written report: what is in order, the red flags and what to ask the seller. Most checks run without you in Phuket, and in our practice they take one to two weeks. We work from an office in Choeng Thale, Thalang, in English, Russian and Thai. The steps:
- You send the contract or reservation, the project documents and the seller's details. Within 48 hours you get a free written express review of the contract.
- We check the developer on DBD DataWarehouse+, the permits, the EIA and the condominium registration, and for a condo we request the quota letter.
- We obtain a certified Chanote copy and search for mortgages, encumbrances, disputes and seizure. If the seller is a company, we look at its shareholders and the source of its capital.
- We hand over the report with red flags and questions for the seller. If you go ahead, we negotiate the contract and handle payment and registration, as in a freehold condo purchase.
What can you check yourself before you talk to the seller?
Some checks need no lawyer and remove the crudest risks. Run them before you talk to the seller, while you have signed and paid nothing. If a step fails or the result worries you, send us the documents for the express review, or hand the full set to a Phuket property lawyer.
- Find the developer on DBD DataWarehouse+: registration date and accounts.
- Ask for the building permit number and, for a large project, the EIA approval.
- Ask for a certified Chanote copy and look at the type of title.
- For a condo, ask for the quota letter and read its issue date.
- Reread the reservation for the clauses listed above.
Describe your situation in the form below: send the contract or reservation, and you get a free written express review within 48 hours. The price of the check and its scope are on the service card; we agree the estimate before work starts.
