Can Foreigners Own Property In Thailand?

Foreigners may own condominium units freehold, up to 49% of the total unit area of a building. This is the principal route to outright ownership of real estate in Thailand. The foreign quota must be available at the time of purchase, and the funds for a foreign-quota unit must generally be remitted from abroad in foreign currency.

The foreign exchange transaction form issued by the receiving bank is the document that proves the funds came from abroad, and it is needed at the Land Office to register the transfer. Without it, a foreign-quota transfer can be delayed or refused.

Foreigners generally cannot own land directly. Control of land is achieved through structures: a registered leasehold of up to 30 years, a usufruct, or a Thai company that holds the land. Each has different security, cost and succession consequences.

A registered leasehold is the most common. It is recorded on the title deed at the Land Office, which makes it enforceable against later owners for the lease term. A usufruct gives the right to use and profit from the land for life, but is less flexible. A company structure can hold land, but the company must be genuine and properly maintained, not a nominee vehicle.

Using Thai individuals to hold shares on behalf of a foreigner is unlawful. The authorities have become more active in investigating nominee structures, particularly for land holding. A company that holds land must have real Thai shareholders with real economic interest, not shareholders acting on instructions from a foreigner.

This is why a company structure is not a shortcut. It is a compliant vehicle only when it is a genuine company with genuine shareholders, accounting and tax filings. We form and maintain such companies properly, and we advise when a leasehold or usufruct is the better choice.

Whatever the structure, the title must be checked before any money moves. The title deed is verified at the Land Office, encumbrances and mortgages are searched, and for off-plan purchases the developer and the project approvals are reviewed. A deposit paid before due diligence is a deposit at risk.

For a condominium, the foreign quota and the building's licences are part of the check. For a leasehold, the lessor's title and the right to grant the lease are verified. The structure and the due diligence are two halves of the same purchase, and we handle both.