How Foreigners Can Hold Property in Thailand
Thailand restricts foreign land ownership, but there are several lawful and well-established ways for foreigners to hold real estate. Understanding the rules before you sign anything is the single most important step in protecting your investment.
Condominium Ownership
Under the Condominium Act, foreigners may own condominium units outright in their own name, provided that foreign ownership does not exceed 49% of the total saleable floor area of the building. You will also normally need to show that the purchase funds were transferred into Thailand from abroad in foreign currency.
Land: Lease, Not Freehold
As a general rule foreigners cannot own land in Thailand. The common lawful alternative is a registered long-term lease of up to 30 years, which can be renewed by agreement. A foreigner may, however, own the house or building that stands on the land separately from the land itself.
Other Legal Structures
- Usufruct (sąø“ąøąøąø“ą¹ąøą¹ąøąøąø“ąø) ā a registered right to use and benefit from land for life
- Superficies ā a right to own buildings on another person's land
- Right of habitation ā a registered right to live on a property
- Thai company ownership ā only where the structure is genuine; nominee shareholding to disguise foreign control of land is illegal
Buying Through a Thai Spouse
Where land is purchased in the name of a Thai spouse, the Land Department usually requires a joint declaration that the funds are the personal property (sin suan tua) of the Thai spouse. We advise carefully on the consequences of this declaration before you proceed.
Our property lawyers carry out title searches, draft and register leases, and structure ownership so that it is both legal and secure. Contact us before paying any deposit.