Foreigners cannot directly own land in Thailand, but there are several legal ways to own or control property. Foreigners are allowed to buy freehold condominium units, lease land and houses for long-term periods, or use company structures and investment incentives under strict regulations. Understanding these distinctions is crucial for anyone considering property investment in Thailand.
Direct Ownership: What Is Allowed
Foreigners can own freehold condominium units outright, provided that foreign ownership in a single building does not exceed 49% of the total saleable area. Funds for the purchase must be transferred in foreign currency through a Thai bank. This makes condos the safest and easiest purchase option for most non-Thai buyers. However, foreigners cannot own land or standalone houses directly, unless they inherit land under very specific and rare circumstances, or qualify for a government investment incentive.
Alternatives to Land Ownership
Foreigners may legally lease land or a house for up to 30 years, with options in many cases to renew for up to a total of 90 years, though only the first 30 years is guaranteed. In a leasehold structure, foreigners can own the house or villa on leased land outright, and register the building in their name, while the land title remains with the Thai owner.
Company Ownership Routes
It is possible for foreigners to set up a Thai Limited Company to acquire land. In this structure, Thai nationals must own at least 51% of the company, and the company must be established as an active, legitimate business, not for circumventing property laws. Using shell companies or nominee shareholders is illegal and subject to government scrutiny and penalties. If the company ceases operations or fails to meet business requirements, the land may be confiscated.
Thai Spouse Ownership
Foreigners married to Thai nationals can have property registered in the Thai spouse’s name. The foreign partner cannot claim the land as marital property, but can lease it back for security. This is a common arrangement for mixed-nationality families.
Board of Investment (BOI) Incentives
Foreign investors who bring substantial investment to Thailand may be eligible to acquire land through BOI programs, but these incentives are rare and mainly apply to commercial or large-scale business investments, not personal real estate purchases.siam-legal+1
Key Restrictions and Risks
- Foreigners cannot own more than 49% of a condominium building’s units.
- Leasehold extensions are not legally guaranteed, though commonly practiced.
- Company ownership requires genuine business activity and majority Thai shareholders.
- Direct land purchase by a foreigner remains strictly prohibited, with few, rare exemptions.
- Inheritance rights exist, but are not a reliable way for foreigners to acquire land for long-term investment.
Summary Table: What Foreigners Can Buy in Thailand
| Property Type | Direct Ownership Allowed? | Under What Circumstances? | Risks or Limitations |
|---|---|---|---|
| Condominium Unit | Yes (freehold, up to 49% quota) | Must transfer funds from abroad | Foreign quota, currency regulationsemerhub+2 |
| Land | No | Never allowed, except rare exemptions | Leasehold or company onlyaseanbriefing+2 |
| House/Villa | No (on freehold land) | Yes if on leased land (as separate asset) | Leasehold only, may need construction permitssiamrealestate+2 |
| Leasehold Land | Yes (up to 30 years, renewals possible) | Lease contract must be registered | Only first 30 years guaranteedsiamrealestate+1 |
| Via Thai Company | No (personally), Yes (company) | Must have >51% Thai shareholding | Subject to legal scrutiny, risk of confiscationrestproperty+1 |
| Via Thai Spouse | No (personally), Yes (spouse) | Only if spouse buys with own money | Cannot claim as marital assetsiamrealestate |
Foreigners can only directly own condominiums, lease property, use company ownership with restrictions, or own through a spouse—direct land ownership is otherwise off-limits except for rare exemptions or special investment incentives.
