FOREIGN OWNERSHIP
Foreign Property Ownership in Thailand
and what to check first.
Whether you can own a property in Thailand, and in what form, depends on the type of property and how it is structured. This page explains the main routes and the checks that matter before you commit. It is general information, and our lawyer advises on your case.
Start Your ConsultationTHE SHORT ANSWER
A condo, often yes. Land, generally no.
A foreigner can own a condominium unit outright, in their own name, while the building has foreign quota left. Foreigners generally cannot own land in their own name, so houses and villas are usually held through a lease or another structure.
WHY IT MATTERS
The structure decides your rights.
The route you choose affects what you own, for how long, what you can sell and what your heirs receive. It is much harder to correct after you have paid, so the structure should be settled with a lawyer before the reservation or the first payment.
FOUR ROUTES
How foreigners hold property in Thailand.
Which route applies depends on whether you are buying a condo, a house, a villa or land. These are the four you will meet.
- 01
Freehold condo
You own the unit in your own name while the building has foreign quota left. Foreign ownership in a condominium is limited to 49% of the building’s total area.
Check: written confirmation of quota from the juristic person, before you pay.
- 02
Leasehold
A lease gives you the right to use the property for a term. It is not ownership. The law caps a lease at 30 years, and a renewal is only as strong as the contract and the registration behind it.
Check: term, renewal terms, registration at the Land Office and who owns the land and building.
Read our leasehold guide.
- 03
Thai company
A Thai company can own land, but it has to be genuinely Thai-controlled. Structures where Thai shareholders hold shares only on paper carry legal risk, and scrutiny of them has increased.
Check: specialist legal advice on who really controls the company, before you use this route.
- 04
Thai spouse and other routes
Holding property through a Thai spouse or another arrangement has legal consequences for you and for inheritance. These routes depend on your personal situation.
Check: advice from a lawyer on your own circumstances first.
MONEY FROM ABROAD
Bring the money in the right way.
For a condominium purchase, the purchase money generally has to come from abroad in foreign currency. The receiving bank then issues a Foreign Exchange Transaction form, which the Land Office asks for at transfer.
Keep it with your payment records, and ask our lawyer to confirm the requirement that applies to your case.
THE FOREIGN QUOTA
Ask for the balance in writing.
The 49% limit is checked against the building. In popular projects in Phuket and Pattaya it may already be used up. Ask the juristic person for the current foreign-ownership balance in writing, and for how it is counted.
If the quota is full, a unit can usually only be taken on a lease.
BEFORE YOU COMMIT
Four checks before you reserve or pay.
- 01
Quota in writing
Ask the juristic person to confirm in writing that foreign quota is available for your unit.
- 02
Title and authority
Ask our lawyer to verify the title, the seller’s authority to sell and any mortgage or other right.
- 03
The money trail
Plan how the funds will arrive, and keep the bank’s foreign exchange form and payment records that identify the unit.
- 04
The contract
Read the reservation and sale terms, including what happens to your deposit if the quota or the title does not work out.
Proposals to change the quota and lease terms are discussed from time to time. Until a change is enacted, the current rules apply, and our lawyer confirms the rules in force when you buy.
BUYING FROM EUROPE OR THE UK
Buying from home, step by step.
Many buyers in Europe and the UK see the property once, or not at all, and complete the rest from home. These are the practical points to plan for.
- 01
Sending the money
Send the funds in foreign currency from your own account abroad, state that they are for the purchase, and keep the bank’s foreign exchange record for the Land Office.
- 02
Signing from home
A power of attorney lets someone act for you at the Land Office. It is usually certified by a notary and the Thai embassy or consulate in your country, in a form our lawyer confirms.
- 03
Documents and translations
Keep your passport, bank records and signed documents ready, and ask in advance which documents from home need a certified translation.
- 04
Time zones and one contact
Thailand is 5 to 7 hours ahead of the UK and Europe. Updates come in writing, with calls at agreed times and one point of contact.
Your home country may tax rental income or a later sale of Thai property. Ask a tax adviser there; tax advice is not a Baanward service.
QUESTIONS
Foreign ownership, in plain terms.
Can a foreigner own a condo in Thailand?
Yes, in their own name, as long as the building’s foreign quota has room. Foreign ownership in a condominium is limited to 49% of the total area of the building, so availability needs to be confirmed before you pay.
Can a foreigner own land in Thailand?
Generally not in their own name. Foreigners usually hold a house or villa through a lease, or through another structure that needs specialist legal advice.
What is the 49% foreign quota?
It is the share of a condominium’s total area that foreigners may own. Once it is used up, remaining units can generally only be taken on a lease.
Is leasehold safe?
A registered lease is a legal right to use the property for its term, up to 30 years. It is not ownership, and a promised renewal is not guaranteed, so the lease terms and registration need checking.
Read our leasehold guide.
Do I have to bring the money in from abroad?
For a condominium purchase, generally yes: in foreign currency, with the bank’s foreign exchange form as evidence at transfer. Our lawyer confirms the requirement for your case.
Can I buy from the UK or Europe without travelling to Thailand?
Often, yes. With a power of attorney, our lawyer or an authorised representative can attend the Land Office for you, and we can arrange property visits and inspections. Many buyers still visit once to see the property themselves.
Does a visa let me buy land?
No. A standard visa gives no right to own land. Narrow exceptions linked to investment exist, and any claim of one should be checked with a lawyer.
Can Baanward advise on ownership structure?
Our lawyer provides legal advice on ownership structure under a separate legal engagement. Baanward coordinates the documents, questions and follow-up, and does not give legal advice itself.
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