Residential Construction and Renovation Agreement and Instructions (Thailand, Bilingual EN-TH)
Most building disputes in Thailand start the same way: a large advance, payments by date instead of by finished work, no drawings attached, and a builder who slows down once he has been paid. Thai law treats a building contract as a hire of work and does not even require it to be in writing, so without a proper contract the owner has very little to rely on. This pack gives you two documents: a contract that protects the owner and that a serious builder will still sign, and plain instructions to complete it and to manage the works.
1. The Construction and Renovation Agreement
Word file to fill in on your computer and PDF to fill in by hand, 25 pages, English and Thai clause by clause, with tick boxes for the choices, initials boxes on every page, a signature page for both parties, two witnesses and the landowner’s consent, and eight annexes with ready forms. It contains the terms that the consumer protection rules require in house building contracts (Contract Committee Notification B.E. 2559).
- Parties, site, and who owns the land (owner, registered superficies, lease or usufruct, or landowner’s consent)
- Drawings, specifications and bill of quantities (BOQ) as annexes, with an order of priority
- Fixed lump sum price, VAT, permit fees and site utilities
- Payment by stages after inspection and sign-off, limited advance, retention of 5 to 10 percent
- Building permit, start and completion dates, extensions of time claimed in writing within 7 days
- Daily delay penalty, with the owner’s right to terminate when it reaches 10 percent of the price
- Variations only by a signed variation order with price and time
- Materials: brands and grades as specified, substitutions only with written approval, right to reject
- Independent engineer or inspector, and inspection of concealed work before it is covered
- Site safety, workers and subcontractors, damage to neighbours, insurance and risk until handover
- Handover: list of defects, as-built drawings, warranties, keys and cleaning
- Defects liability: 5 years for the structure, 12 months or more for the rest, repair deadlines, use of the retention
- Termination by the owner, valuation of the work done, and the contractor’s limited right to suspend or terminate for non payment
- Disputes, taxes and stamp duty, notices, Thai text prevails
- Annexes: drawings list, materials schedule, BOQ, payment stages table, work programme, variation order form, stage inspection and handover certificates, documents to attach
2. The Instructions
PDF, 14 pages, complete English text then complete Thai text, so that the owner and the builder read the same thing.
- Thai law on hire of work in plain words (Civil and Commercial Code, sections 587 to 607), including the one year time limit to sue for defects
- Whose land, whose house: why a foreigner who pays for a house on a spouse’s or partner’s land should register a superficies or a lease before construction
- Building permit, house number (blue or yellow house book), electricity and water
- How to choose and check a contractor
- The choices to make in each clause, with suggested figures
- Sample payment stage tables for a new house and for a renovation, advance and retention
- Variations, inspections, evidence to keep, and what to do if the builder stops work
- Common scams and mistakes
- Signing, stamp duty and taxes
- A checklist
Who it is for
Homeowners in Thailand, Thai or foreign, who hire a Thai contractor to build a new house or to renovate or extend an existing one for a fixed price. It is not for buying a house from a developer, for commercial buildings, or for large projects that need bank guarantees and full engineering conditions.
A template, not legal advice
We are a Thai law firm and we do not advise on foreign law. This pack is a template with general instructions, and it does not make you the owner of a house built on land that is not yours. If you need legal advice, a review of your builder’s contract or a personalised agreement, ask us for a quote at info@thailawonline.com. A consultation is 2,000 THB per hour.
Related guides: Construction Law in Thailand, Superficies in Thailand, Can Foreigners Own a House in Thailand?, Property Guide for Foreigners in Thailand
