Can Foreigners Buy and Sell Property in Thailand?
An Article on Thai Property Law
The question "Can foreigners buy property in Thailand?" comes up frequently, especially in the condominium, homestay, and investment-property markets.
The correct answer is: "Yes, but not every type of property, and the legal conditions vary significantly."
The most important distinction is between "ownership of land" and "ownership of a condominium unit," because Thai law treats a foreigner's rights very differently in each case.
1. Can Foreigners Buy "Land" in Thailand?
As a general rule, foreigners cannot freely hold title to land in Thailand the way Thai nationals can.
The Land Code sets out specific rules governing how a foreigner may acquire land. Acquisition must meet the conditions set by law, and in some cases requires permission from the Minister of Interior.
However, the law provides two main exceptions that allow a foreigner to hold title to land.
Exception 1: Investment under Section 96 bis
Section 96 bis of the Land Code (added by the Land Code Amendment Act (No. 8) B.E. 2542 (1999)) allows a foreigner to acquire land for residential use of not more than 1 rai, subject to important conditions, including:
● Investing not less than 40 million baht in Thailand
● The investment must be in a business or undertaking that benefits Thailand's economy and society, or one promoted by the Board of Investment (BOI) — for example, Thai government bonds, property funds, infrastructure funds, or real estate investment trusts (REITs)
● Maintaining the investment for not less than 3 years
● The land must be located within Bangkok, Pattaya City, a municipal area, or an area designated for residential use under town-planning law
● Approval from the Minister of Interior is required on a case-by-case basis
This exception carries a very high financial threshold, so in practice it applies only to a small group of foreigners — it is not a general route available to ordinary property buyers.
Exception 2: Inheritance as a statutory heir
The Land Code also allows a foreigner who is a statutory heir of the original landowner to inherit land in certain circumstances. This, too, is subject to conditions and the discretion of the Minister of Interior, and generally remains limited by the type and amount of land permitted.
Foreigners should therefore not assume that "bringing money into Thailand to buy a house automatically means acquiring title to the land" — the house and the land are separate legal matters, and the exceptions above apply only when their strict conditions are met.
2. Can Foreigners Buy a "Condominium"?
Yes. This is one of the most direct and clear-cut forms of property ownership available to foreigners.
Under the Condominium Act B.E. 2522 (1979), a foreigner may hold title to a condominium unit if they meet the qualifications and conditions set by law — such as remitting foreign currency into Thailand to pay the full purchase price, and holding the corresponding bank confirmation document (a Foreign Exchange Transaction Form or equivalent certificate).
The key restriction: the 49% foreign quota
As a general rule, the total unit area held by foreigners in a single condominium building must not exceed 49% of the total unit area of that building.
For example, if a condominium building has a total unit area of 10,000 square meters, foreigners may collectively hold no more than 4,900 square meters, under the Foreign Ownership Quota rule.
Before buying a condo unit, a foreign buyer should not check only whether "this particular unit can be sold to a foreigner," but should also verify whether the building's foreign quota still has room available — since the remaining quota can change as other unit owners in the same building buy and sell.
3. Can Foreigners Buy a "House"?
This point requires particular care. Legally, "buying a house" may involve two separate assets: (1) the land, and (2) the structure built on the land.
Although foreigners face the land-ownership restrictions described in Section 1 above, ownership of the structure (the house itself) is a different type of property and is not restricted by land law in the same way. A foreigner may therefore be able to own the house itself under certain arrangements, even without being able to hold title to the land beneath it.
In practice, a foreigner's "house purchase" typically relies on one (or a combination) of the following structures:
● Owning the structure only, by registering a superficies right or otherwise separating ownership of the structure from the land
● Leasing the land long-term while owning the house itself
● Using a usufruct or superficies right under the Civil and Commercial Code, which grants long-term rights to use another person's land without constituting ownership
A foreigner's house transaction must therefore be assessed on a case-by-case basis according to its rights structure, and buyers should not "buy a house the way a Thai national would" without first checking the legal status of the land and the ownership structure.
4. How Does "Leasing Land" Differ from "Buying Land"?
This is another common option for foreigners who want to make use of a house or land in Thailand but cannot hold direct title to the land.
Leasing does not make the tenant an owner of the land.
Transaction | Right acquired |
Buying land | Ownership (title) of the land |
Leasing land | Only a right to use the land under the lease agreement |
Under the Civil and Commercial Code, a lease of immovable property has a maximum legal term of 30 years per agreement, and may be renewed for further periods of up to 30 years each. However, the advance renewal terms often advertised as "30+30+30 years" are not automatically binding in the same way a genuine 90-year lease would be — legally, they are only a "promise to renew," which may be disputed or may not be fully enforceable if the parties change or a dispute arises.
A foreigner planning to buy a house or villa using a land-lease structure should therefore check:
● The lessor's title to the land (whether they are the genuine owner)
● The lease term and the conditions for renewal
● Rights to any structures built on the leased land
● Registration of the lease at the Land Office (leases over 3 years must be registered to be fully valid and enforceable against third parties for their full term)
Buyers should not rely solely on marketing language such as "99-year lease" or "30+30+30" and assume it is equivalent to owning the land outright.
5. Can Foreigners "Sell" Property?
Yes, where the foreigner is the owner or otherwise holds a transferable right under the law.
Case 1: A foreigner who owns a condominium unit
If title to the unit was lawfully acquired, it can be sold and transferred to a buyer, following the procedures under the Condominium Act and registration at the Land Office. If the new buyer is also a foreigner, the building's foreign quota must be checked again at the time of transfer.
Case 2: A foreigner holding land under a lawful right
Where land was lawfully acquired (for example, under Section 96 bis), its sale or transfer is typically subject to specific conditions — such as restrictions on the holding period or the purpose for which the land was acquired — and must be assessed case by case.
Case 3: A foreigner who is a tenant
A tenant is not the owner of the land and therefore cannot "sell the land" as an owner would. However, the leasehold right itself may be transferable, or otherwise dealt with, if the lease agreement and the law permit it.
6. A Major Risk to Be Aware Of: "Nominee" Structures
One of the highest-risk practices for foreigners seeking to acquire land in Thailand is using a Thai national to hold title on their behalf (a nominee arrangement).
For example: a foreigner provides all of the funds, but has a Thai national hold title to the land as the registered owner, with a private, undisclosed understanding that the land actually belongs to the foreigner.
This kind of structure carries substantial legal risk and should not be used as a way to circumvent the restrictions on land ownership by foreigners. It may constitute an offense under Section 267 of the Criminal Code (giving false information to an official for entry into an official document), punishable by imprisonment of up to 3 years, a fine, or both. The land rights obtained this way may also later be revoked.
The Department of Lands has measures in place to investigate nominee land holding, and in cases involving a juristic person, it examines the company's stated purpose, shareholding structure, and actual use of the land to guard against holding land on behalf of foreigners.
Accordingly, "setting up a Thai company and having Thai nationals hold the shares on paper" is not an automatic solution for a foreigner wishing to buy land. It is necessary to consider whether the company genuinely operates a business, whether the shareholding structure is legitimate, where the investment funds actually come from, and whether the arrangement amounts to holding shares on behalf of a foreigner.
7. What Should Foreign Buyers Check Before Purchasing Property?
1. Check the type of property — land, house, condominium, commercial building, villa, or leasehold right — since the applicable law differs for each.
2. Check the ownership status — review the title deed or relevant documents, and check for mortgages, seizures, easements, usufructs, superficies rights, leases, or other encumbrances.
3. For condominiums, check the Foreign Quota — verify that the building's foreign ownership quota has sufficient room for the transfer.
4. Check the source of funds and banking documentation — particularly for condominium purchases, foreign currency must be remitted into Thailand with supporting bank documents; plan the funds transfer well before making a large payment.
5. Check the sale and purchase agreement — it should clearly state the price, deposit, transfer date, refund conditions, and what happens if the transfer cannot proceed due to the buyer's qualifications or other legal restrictions.
6. Check taxes and transfer-day costs — transfer fees, specific business tax, stamp duty, withholding tax, and other costs can vary depending on the nature of the transaction and the status of the parties.
7. Check the seller and their authority to sell — confirm that the seller is the genuine owner and that the person signing has authority to sell.
Conclusion: Can Foreigners Buy Property in Thailand?
The answer is: "Yes, but it depends on the type of property, and on what kind of ownership or right the law allows."
Property type | Can foreigners hold it? |
Condominium unit | Yes, subject to legal conditions and the 49% Foreign Quota |
Land | Generally no, but exceptions exist under Section 96 bis (40M baht investment) and statutory inheritance |
House with land | Ownership of the house and the land must be considered separately |
Structures (buildings) | Certain rights structures are possible in some cases; must be assessed case by case |
Leasehold rights | Possible under law and the terms of the lease agreement (max. 30 years per term by law) |
Selling a condo unit you own | Yes, if title was lawfully acquired |
Having a Thai national hold land on your behalf (nominee) | Carries substantial legal risk; may constitute a criminal offense |
Key Takeaway for Foreign Buyers
The essential question is not simply "Can foreigners buy property in Thailand?" but rather:
"Can a foreigner hold title or rights to this specific type of property, and can that title or right be lawfully transferred to them?"
In Thailand, being able to "buy" something and being able to "hold title to" it are not necessarily the same thing. This is especially true for houses with land, villas, vacant land, or arrangements involving a Thai company or a Thai individual holding property on the buyer's behalf — the legal structure should be verified before any money changes hands or any contract is signed. For condominiums, the law allows direct foreign ownership, but buyers must still verify their own eligibility and confirm the building's 49% Foreign Ownership Quota before proceeding with the transfer.
How We Can Assist
If you are a foreign national looking to buy, sell, or hold property in Thailand, our real estate lawyers can assist with:
● assessing which type of property (condominium, land, house, or leasehold) fits your intended ownership structure;
● verifying a condominium's remaining Foreign Ownership Quota before you commit to a purchase;
● structuring land-related transactions in compliance with the Land Code, including eligibility under Section 96 bis;
● reviewing and negotiating lease agreements, including registration and renewal terms;
● conducting title and due diligence checks on the property and the seller's authority to sell; and
● advising on the risks of nominee structures and ensuring your transaction is fully compliant with Thai law.
Contact our legal team to discuss your property plans and determine the legal structure and due diligence approach that best protects your interests in Thailand.
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