Thailand Commercial Maintenance Obligations: Landlord and Tenant Duties

Commercial property maintenance in Thailand depends primarily on the terms of the lease agreement, particularly whether it is a Gross or NNN (Triple Net) lease. The baseline legal responsibilities are governed by the Civil and Commercial Code (CCC), which was promulgated in stages (Books I-II in 1923, Book III in 1924, and subsequent books through 1934), with Books I-III becoming effective on 1 April 1925.

Responsibility Allocation by Lease Type

Default Legal Position

Under the Civil and Commercial Code (CCC), if the lease is silent on maintenance:

• Lessor Delivery (Section 546): The landlord is bound to deliver the property hired in a good state of repair.
• Major Repairs (Section 550): The landlord is liable for any defects which arise during the contract and must make all repairs which may become necessary, except those which are by law or custom to be done by the tenant.
• Ordinary Maintenance (Section 553): The tenant is bound to take as much care of the property as a person of ordinary prudence and is responsible for ordinary maintenance and petty (minor) repairs.
• Liability for Damage (Section 562): The tenant is liable for any loss or damage caused to the property by their own fault, excluding damage from proper use.
• Statutory Limitation (Section 563): No action by the landlord against the tenant in connection with the contract of hire can be entered later than six months after the return of the property.

Building Code Compliance

Commercial properties must comply with the Building Control Act B.E. 2522 and its amendments:

• Building Use Certificate (Section 32): Owners of 'controlled-use buildings' (including commercial buildings, offices, and retail spaces) must obtain a Building Use Certificate (Or. 6) from local authorities.
• Mandatory Safety Inspections (Section 32 bis): Annual safety inspections by a registered inspector are required for nine specific building categories:
  1. High-rise buildings (23m+ height).
  2. Extra-large buildings (10,000 sqm+ area).
  3. Public assembly buildings.
  4. Theaters.
  5. Hotels (80+ rooms).
  6. Entertainment venues (200 sqm+).
  7. Residential buildings (2,000 sqm+).
  8. Factories (2+ stories and 5,000 sqm+).
  9. Large billboards.
• System Standards: Electrical, fire safety (sprinklers, alarms), and structural systems must meet standards defined by Ministerial Regulations, often referencing Engineering Institute of Thailand (EIT) benchmarks.

Best Practices for Landlords

1. Detail maintenance responsibilities in the lease
2. Create a preventive maintenance schedule for major systems
3. Conduct regular property inspections
4. Keep complete maintenance records

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