Short answer: Under the proposed amendment to the Rights Over Leasehold Asset Act, 99-year leases would be issued by the State (typically via Treasury/Interior). Developers do not create 99-year leases on their own; they can apply to participate, receive a master lease from the State, and then sublease units or plots to buyers for the remaining term.
Who issues Thailand’s 99-year leases — developers or the government?
Short answer: The government. The proposed 99-year lease framework is state-issued. Developers can apply to have a site included, receive a master lease, and then sublease units or plots to buyers. They don’t get new powers to “create” 99-year leases themselves.
Quick Tip: Ask for the last two years’ CAM budgets and AGM minutes — they’ll reveal upcoming big-ticket repairs.
How issuance works
- State control: Eligible land/buildings are brought under a government leasehold framework. The State issues a master lease (up to 99 years) to an approved party.
- Developer’s role: A Thai-majority developer can develop the site and sublease units/plots to buyers (foreign or Thai) for the remaining term.
- Registration: Buyers register the lease at the Land Office. It becomes a tradeable, inheritable right for the term remaining.
- End of term: Rights revert to the State unless a fresh lease is approved later.
Why it’s set up this way: A state-issued lease avoids nominee workarounds, creates clearer collateral for banks, and keeps long-term control of land with the government.
What developers can and can’t do
| Topic | Developers | Government |
|---|---|---|
| Create a 99-year lease | ❌ Cannot self-issue a 99-year lease. | ✅ Issues the master lease after land enters the scheme. |
| Sublease to buyers | ✅ Can sublease units/plots for remaining years. | — |
| Approve resale/assignment | ✅ Typically consents and processes transfers per contract. | — |
| Top-up near expiry | ⚠️ May apply/lobby, but approval rests with the State. | ✅ Decides on renewals and premiums (if any). |
| Ultimate land control | — | ✅ Retained by the State throughout. |
Buyer checklist for a 99-year lease project
- Who is the issuer? The lease should reference issuance under the State framework, not a private 99-year promise.
- How many years remain? If construction took 4 years, expect ~95 years at handover.
- Assignment rules: Check developer consent, fees, and timelines for resale.
- Registration proof: Keep the Land Office registration slip with the lease agreement.
Helpful Pattaya links
Property for sale in Jomtien • Property for sale in Central Pattaya (Pattaya Klang) • Property for sale in North Pattaya • Property for sale on Pattaya Beach Road
Further reading
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