Power of Attorney for Land Transactions in Thailand: Form Tor.Dor.21 and How to Execute It Correctly

Why a Power of Attorney Is Required at the Land Department

Every real estate transaction in Thailand - purchasing, selling, transferring land, mortgaging, registering a lease or a servitude - must be registered at the local Land Department office (Land Office). As a general rule, the parties are required to appear in person. In practice this is not always convenient: the seller may live in another province, a foreign buyer may have returned home, or a developer may be closing dozens of transactions simultaneously. In such cases, a party's interests are represented by an authorised person acting under a power of attorney.

The key point to understand from the outset is this: an official will not accept just any power of attorney. A freely drafted document from a lawyer, a notarised 'general power of attorney', or a template downloaded from the internet will typically be rejected. The Land Department works exclusively with its own prescribed standard forms.

Which Form Is Required

For transactions involving land (title document types: Chanote/Nor.Sor.4, Nor.Sor.3, etc.), the prescribed form is Tor.Dor.21 (ท.ด.21). For certain condominium transactions and some other types of property, Tor.Dor.22 may apply. The form is issued by the Land Office itself, is uniform throughout the country, and must be completed in the Thai language.

The power of attorney must specify the particular act that the principal is authorising: selling, buying, mortgaging, registering a lease, receiving funds, and so forth. A vague instruction to 'handle all matters' is not acceptable - the authority must be clearly defined. This aligns with the general principles of agency under the Thailand Civil and Commercial Code (CCC, Section 797 onwards): an agent acts strictly within the scope of the authority granted.

How to Complete the Form Correctly

The Land Department applies strict standards to the manner in which the form is completed. The principal rules are as follows:

• One hand and one ink throughout. All handwritten text must be written by the same person using the same pen. If a typewriter or printer is used, the same font must be used throughout the entire document.
• Do not sign in advance. The principal signs only after the form has been completed in full and correctly. A blank pre-signed form is a direct invitation to abuse.
• Corrections must be countersigned. The principal must place his or her signature next to every correction, deletion, or insertion.
• Full particulars of both parties. For each party - both the principal and the agent - the following must be stated: full name, identity document number (for a foreigner, the passport number), age, nationality, names of parents, full address (including village/house number, street, tambon, amphoe, and province), and telephone number.

Witnesses and Signatures

The document must be signed in the presence of witnesses:

• At least one witness is required where the principal executes the document by ordinary signature.
• At least two witnesses are required where a fingerprint is used in place of a signature.

Witnesses must sign with a handwritten signature - a fingerprint from a witness is not accepted. Staff members of the Land Office often serve as witnesses, but it is advisable to confirm this in advance.

Powers of Attorney Executed Outside Thailand

If the principal is unable to travel to Thailand in person, the power of attorney may be executed abroad, but it must then be legalised. Form Tor.Dor.21 must be signed in the presence of, and certified by:

• a consul or officer at a Thai embassy or consulate in the country where the principal is located, or
• a notary public, followed by legalisation or apostille - the precise procedure depends on the country in question.

Without such certification, a document signed outside Thailand will not be accepted by the Land Department. For elderly principals (aged 60 and above), the office may take additional steps to satisfy itself as to their legal capacity and the voluntary nature of the transaction - this is standard practice and one should be prepared for it.

Comparison: What Is Accepted and What Is Not

Risks to Bear in Mind

The primary risk is overly broad authority. If the agent is given both the right to sell and the right to receive the proceeds without restriction, that person effectively has full control over the asset. Accordingly:

• limit the authority to one specific act and, where possible, to one specific property;
• do not grant a power of attorney to a person whose integrity you are not certain of (in particular, to a seller's agent or a developer's representative who is acting for 'both sides');
• retain a copy of the signed form and all registration receipts.

Bear in mind also that a power of attorney does not cure underlying legal restrictions. A foreigner still cannot use an agent to acquire land in his or her own name in circumvention of the law. The foreign ownership quota in a condominium building (49% of total floor area under the Condominium Act), and the requirement to transfer funds from abroad and obtain an FET form (Foreign Exchange Transaction, formerly known as Tor.Tor.3) in order to register title, all apply regardless of whether you attend the office in person or through a representative.

Checklist: What to Verify and What to Pay Attention To

• The form being used is the official Land Department form (Tor.Dor.21 or the applicable equivalent), not a 'free-form' power of attorney.
• The specific authority (to sell, buy, lease, or mortgage) and the subject property are clearly set out.
• The entire document is in one hand or font and one ink; all corrections are countersigned by the principal.
• The principal's signature is placed only on a fully completed form, not on a blank one.
• There are sufficient witnesses (1 for a signature, 2 for a fingerprint), and they have signed with a handwritten signature rather than a fingerprint.
• If the document is executed abroad, it carries a consulate or embassy certification, or a notarial certification with legalisation.
• For a condominium purchase, the 49% quota has been verified and the FET form for the imported funds is in hand before the registration date.
• You hold a copy of the power of attorney and proof of the completed transaction.