Commercial property carries risks a residential condo purchase doesn't: zoning restrictions, EIA requirements, tenant lease exposure and stricter foreign-ownership limits. Here is the seven-point checklist to run before you buy, lease or develop commercial property in Thailand — title, zoning, EIA, leases, structure, tax/liens and ownership legality — in the order a careful buyer's lawyer runs it. General information only, never paid placement.
Verify seven things before you commit: the title at the Land Office, the zoning classification and permitted use, EIA status if the project qualifies, the rent roll and existing leases, a structural and building-code inspection, tax arrears and registered liens, and the legality of the foreign-ownership structure. Every one is checkable in advance through the Land Office, the local planning office, ONEP and a licensed Thai lawyer — skipping them is how buyers inherit tax debt, discover a blocked use, or find out a "creative" ownership structure was illegal all along.
A condo purchase mostly turns on title and the foreign-ownership quota. Commercial property adds several layers on top: the zoning designation determines what you can legally do with the building at all, larger projects can trigger an Environmental Impact Assessment before they can proceed, income-producing assets bring tenant-lease risk that has to be underwritten separately from the physical asset, and foreign-ownership restrictions on land are tighter and more consequential than on condominium units. None of this is unmanageable — it is all checkable in advance — but it means a commercial deal needs a wider due-diligence net than a residential one. If you're evaluating lease structure rather than a purchase, see our commercial lease types guide; if you're underwriting an income-producing asset, pair this checklist with our cap rate, NOI & IRR guide.
As with residential property, the only title record that matters is the one held at the Land Office — not a copy a seller or broker hands you. Have your lawyer pull the official record and confirm:
If the asset is held inside a company, also confirm the company's registration and shareholding at the Department of Business Development, since you may effectively be buying shares in the holding company rather than the land itself.
Every parcel falls under a color-coded zone in the local comprehensive (town) plan — commercial, residential, industrial, agricultural and conservation zones each carry their own permitted-use list, floor-area-ratio (FAR) and open-space-ratio (OSR) limits. Before you commit, confirm the parcel's zoning designation with the local city planning or public works office and verify in writing that your intended use — retail, office, warehouse, hospitality, or a change of use from the current one — is permitted outright rather than requiring a variance or special permit. Zoning plans are revised on a cycle, so a use that was allowed years ago can be restricted today, and a currently-restricted parcel can open up later. Never rely on how a neighboring building is used as a proxy for what's actually permitted on your parcel.
Thailand's Office of Natural Resources and Environmental Policy and Planning (ONEP) requires an Environmental Impact Assessment for projects that cross defined size or capacity thresholds — commonly capturing large hotels and resorts, large hospitals, sizeable industrial estates and factories, and larger condominium or mixed-use developments, among other listed categories. If the asset you're buying, developing or substantially renovating falls into a qualifying category, confirm: whether an EIA was required at all, whether one was submitted and approved, and whether that approval remains valid for your intended use and any planned expansion. Operating, expanding or converting a qualifying project without a required EIA approval can block permits, utility connections, or a future sale — treat EIA status as a hard gate, not a formality, for any project near the size thresholds.
For an income-producing commercial asset, the leases are as important as the building. Request the full rent roll and lease abstracts, then verify each one against the actual signed lease:
Bring in an independent structural engineer before you commit, covering the building's structural condition, fire and life-safety systems, lift and M&E (mechanical, electrical and plumbing) equipment, and compliance with the Building Control Act — including whether any additions or conversions were made without the required permits, a common issue in older commercial stock. Pair the structural report with a capex and repair-reserve estimate so deferred maintenance gets priced into your offer rather than discovered after closing. For a ground-up development or major renovation, confirm the building permit and any EIA conditions (see step 04) are consistent with what's actually been built.
Beyond the Land Office title check for mortgages and liens, confirm there is no property/land tax arrears or unpaid local development fee attached to the parcel — unpaid land and building tax can attach to the property rather than follow the seller. If the asset is held inside a company, request a Revenue Department tax-clearance check and review the holding company's outstanding liabilities: buying shares in a property-holding company, rather than the land or building directly, can bring the company's debts and tax history along with the asset. Time the release of funds to when both the title and tax clearances are current and dated close to closing.
Most commercial land and buildings held in freehold fall under the same restrictions that apply to residential land, and a majority-foreign-owned company is treated as foreign under the Land Code and the Foreign Business Act for these purposes. Common lawful structures include a long-term registered lease (up to 30 years, renewable only by a fresh agreement rather than an automatic extension), a Thai-majority company structure — with BOI promotion available in qualifying sectors — or condominium units bought within the 49% foreign-freehold quota where the asset type applies. Using Thai nominee shareholders to disguise real foreign ownership and control is illegal under Thai law and carries serious risk for both the foreign party and the nominees. Have a licensed Thai lawyer confirm the legality of whatever structure is proposed for your specific deal before you sign anything, not after funds have moved. See our land & development hub for structures specific to raw land and ground-up projects.
Run this final pass with your lawyer in the days before closing:
BAANLYY can connect you with vetted commercial agents and property lawyers to run title, zoning, EIA and lease due diligence before you sign.
General information only — not legal, tax or investment advice. Thai zoning classifications, EIA thresholds, tax rules, Land Office procedure and foreign-ownership restrictions are complex, vary by property and location, and change over time. The checklist above is illustrative of common practice, not a guarantee or a substitute for professional advice; engage a licensed Thai lawyer and, where relevant, a licensed engineer before you sign or release funds. BAANLYY never takes paid placement or referral fees.
Primary and official sources are cited above. Government rules, fees and procedures in Thailand change over time and vary by office; always confirm current requirements with the relevant authority before relying on them. BAANLYY never takes paid placement in editorial content.