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Commercial · Lease law

Commercial leases over 3 years in Thailand: registration, costs and the 3+3 structure

Last checked 6 October 2026 · 6 min read · English

For an office, shop, showroom or warehouse, a long lease protects the money you spend on fit-out and the location your customers know. But under Thai law, a lease longer than three years is only fully protected if it is registered at the Land Office. Here is how it works for commercial tenants, what it costs and why so many leases are written as "3 + 3".

What the law says

A lease of immovable property must be in writing. If it runs for more than three years, or for the life of the landlord or tenant, it must also be registered with the competent official, usually the Land Office where the property is located. If it is not registered, it is enforceable for only three years (Section 538). A lease cannot exceed 30 years; a longer term is reduced to 30 (Section 540).

When the property is sold, the lease continues and the buyer steps into the landlord's position (Section 569). For an unregistered lease, that protection only covers three years, which is exactly the risk a tenant with a costly fit-out wants to avoid.

The "3 + 3" structure, and its limits

To avoid registration costs, many Bangkok office and retail leases are written for three years with an option to renew for another three. This works well when the relationship is good. But a renewal option is a contractual promise by the landlord: if the building is sold or the landlord changes their mind, enforcing years four to six can be difficult. As the Supreme Court made clear in Decision No. 4655/2566, promises of long future terms that try to get around the 30-year limit can be void, so for real long-term security, register the term you need.

When registration is worth it

Cost of registering

ItemRateExample: ฿100,000 a month for 10 years
Registration fee1% of total rent฿120,000
Stamp duty0.1% of total rent฿12,000

Total rent in the example is ฿12 million. Who pays these costs is negotiable; by law, stamp duty is the landlord's responsibility, but many leases shift it to the tenant. Only the rent portion is counted, which is one reason why rent and service charges are often in separate agreements. See VAT and withholding tax on commercial rent.

How to register

  1. Agree the lease, including term, rent, renewal and what happens on sale.
  2. Prepare documents: the title deed or condominium title, ID or passports, company certificates and powers of attorney for companies, and spouse consent where required.
  3. Both parties attend the Land Office, or send authorised representatives.
  4. Pay the fee and stamp duty; the lease is recorded on the title deed.
Kathy's view: for a standard office in a tower, a well-written 3 + 3 lease is usually enough. But if you are building out a restaurant, clinic or flagship store, the 1% registration fee is cheap insurance for the money you are putting into the walls. Price the decision on how long you need to recover your fit-out, and have a lawyer check the Thai text before you sign.

For residential leases, see registering a home lease over 3 years.

Frequently asked

Does a commercial lease over 3 years need to be registered in Thailand?
Yes. Under Section 538 of the Civil and Commercial Code, a lease over three years must be registered at the Land Office, or it is enforceable for only three years.
How much does it cost to register a lease?
A 1% registration fee on the total rent for the term, plus 0.1% stamp duty.
What happens to my lease if the building is sold?
A registered lease binds the new owner for its full term. An unregistered lease is protected for only three years.
Is a 3 + 3 year lease safe?
The first three years are enforceable. The renewal is a contractual promise and can be harder to enforce, especially after a sale. Register if you need certainty beyond three years.
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General information on the Civil and Commercial Code, checked October 2026. Not legal advice; consult a licensed Thai lawyer.