Buying Property in Thailand: What Foreigners Need to Know

Thailand has long been a dream destination for foreigners—whether for

retirement, vacation homes, or investment. With stunning beaches, vibrant cities,

and a favorable cost of living, many foreigners look into buying property here. But

Thai law places restrictions on foreign ownership, and without proper guidance,

mistakes can lead to legal disputes or even loss of property rights.

1. Can Foreigners Own Land in Thailand?

Under the Thai Land Code, foreigners are generally not allowed to own

land outright in Thailand. This means a foreigner cannot hold a freehold

title deed (chanote) for land in their own name.

However, there are limited exceptions:

• Foreign investment under BOI (Board of Investment) promotion

• Special approval for large investments (40M THB+)

• Certain treaty rights (historical, now rare)For most foreigners, direct land ownership is not an option. Instead, legal

structures must be used.

2. Condominium Ownership (Freehold Quota)

The easiest and most popular route is to buy a condominium unit.

Foreigners may own up to 49% of the total saleable area of a condo

project.

The funds must be transferred from overseas in foreign currency and

recorded as such.

The buyer receives a condo title deed (chanote) registered in their own

name.

This gives foreigners true ownership of the unit, with rights to sell, lease, or

bequeath it.

3. Alternatives to Land Ownership

Since land ownership is restricted, many foreigners use other legal rights:

Leasehold:

▪ Up to 30 years, renewable (sometimes written as 30+30+30).

▪ Registered at the Land Office.

▪ Gives long-term security but not permanent ownership.

Usufruct (สิทธิเก็บกิน):

▪ Grants the right to use and enjoy land during one’s lifetime.

▪ Must be registered with the Land Office.

▪ Common for foreign spouses of Thai landowners.Superficies (สิทธิเหนือพื้นดิน):

▪ Right to own buildings on land without owning the land itself.

▪ Useful if a foreigner builds a house on land leased or owned by a

Thai spouse.

▪ These rights give foreigners legal protection without violating

ownership laws.

4. Risks of Nominee Structures

Some foreigners try to bypass restrictions by using a Thai nominee (having

land registered in the name of a Thai friend, partner, or company).

Warning:

▪ Nominee arrangements are illegal under Thai law.

▪ If discovered, the land may be confiscated and penalties applied.

▪ Marriage to a Thai spouse does not automatically allow the foreign

spouse to own land; it must be declared as the Thai spouse’s

personal property.

▪ Foreigners should avoid “shortcuts” and instead use recognized legal

methods.

▪ Conclusion: Legal Tips Before Signing

Buying property in Thailand is possible for foreigners—but it requires careful

legal planning. Before signing any agreement:

✔ Confirm the title deed (chanote) is clean and free of disputes.

✔ Register all rights (lease, usufruct, superficies) at the Land Office.✔ Avoid nominee structures that put you at legal risk.

✔ Consult a qualified lawyer to review contracts and ensure compliance.

At Wendy Legal & Advisory, we help foreigners secure property legally and

safely, with services including title searches, contract reviews, and bilingual

legal support. With the right approach, owning property in Thailand can be

both secure and rewarding.