Hua Hin land titles explained for foreign buyers

Hua Hin land titles and property ownership can be confusing, especially for foreign buyers trying to understand leases, title deeds and what is legally safe.

I mentioned last month that I would try to explain land titles and ownership in simple terms. While I fully understand the rules around property ownership in Thailand, I will always insist that every buyer takes proper independent legal advice.

To some people, that may sound obvious, but sadly it is not always that straightforward.

Many readers will have seen the recent crackdowns on nominee company ownership, with more than 46,900 companies reportedly under investigation across Thailand. Fortunately, for most buyers in the Hua Hin region, this has not been as common as in some other parts of the country.

For me, leasing has been the only correct legal form of ownership for many years.

Why leases matter for foreign buyers in Hua Hin

The problem is that some buyers were previously advised to set up nominee company structures and told: “Don’t worry, it will be fine.”

In many cases, these advisers were not lawyers. They were often accountants creating an annual income stream. That is tough on buyers who were taken along for the ride and promised nothing would go wrong.

Now we have arrived at this point, with investigations taking place.

Again, this is not the case with my clients, as we have always focused on leasing the correct way: safely and securely.

But wait, a lease is not perfect because it is only 30 years?

That is only the registered period for each term. Yes, clauses and controls need to be put in place to protect you and the asset on the land. But, in theory, a lease can be renewed, assigned or sold if the paperwork has been prepared correctly by a competent lawyer.

It is a little like explaining the offside rule in football, but a simple five-minute conversation can usually clear up most concerns.

Leasing the land and owning the building is, and always has been, the safest and most legal form of ownership if you are not married to a Thai national.

You can be protected without needing to worry. Own the house, register the lease in your name on the land title, and make sure all the correct supporting clauses are in place.

Red and green land titles in Hua Hin

Then there is the land itself.

For more than 20 years, we have had the debate between the more commonly preferred red Garuda title deed and the lesser-known green Garuda title.

Historically, buyers were told to be very wary of green title deeds. When I first started in the business, they were seen as less accurately measured, and banks were reluctant to accept them because of concerns over possible discrepancies.

However, for well over 10 years, that has changed. Green titles are now measured, marked and accepted alongside red titles as their equal.

The only problem is that many Thai buyers in Hua Hin are still not fully aware of this. I understand that, because the rest of Thailand is not always like here, so why should they trust it?

A simple conversation at the land office will usually clear this up.

How Hua Hin property development changed

We also have to remember that Hua Hin was still a sleepy fishing town 20 years ago and home to the Royal Summer Palace. It was never supposed to grow the way it has.

A few housing areas were developed and some condos were built, mainly for Bangkok residents looking for a weekend getaway by the sea.

Then Thailand became more popular, and after the 2004 tsunami affected other coastal areas, Hua Hin was almost fast-tracked into becoming a resort destination.

Hotels and condos began to grow, international tourism arrived, and many visitors wanted to stay longer.

That demand led to more residential development, first north of the city and in Hin Lek Fai, and later to the south, where much of the best remaining land was on green title deeds.

These titles were accepted, with the land office making clear there was nothing to be concerned about. Banks also valued and lent against them.

Do it properly from the start

I understand the worry about land, leasing and red versus green titles. All I can say is this: do it properly and you should not have an issue.

Personally, I want to help people who want to do everything correctly. I have been here for 22 years, with a clean sales record, and I live here with my family. That must show a certain level of trust.

I will not bend the rules for anyone or anything. I will not offer something that is not watertight for a buyer. I simply want to live here with my family and enjoy life in this great city that I call home.

If you prefer to try on your own, or use a social media agent, then I can only wish you well.

But if it goes wrong, please stop coming to me afterwards asking me to fix the problem.

Thinking of buying in Hua Hin?

Feel free to contact me directly. I’m always happy to offer straightforward advice.

This article first appeared on Hua Hin Property Agent

Andy

The Hua Hin Property Expert

📧 andy@huahinpropertyagent.com
📱 Hua Hin Property Co.,Ltd
📞 0867779064
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