Can a foreigner own property in Thailand?
Yes — but the structure depends on what you buy. A foreigner can own a condominium outright, in freehold, in their own name, within a building's 49% foreign quota. Land — and therefore a villa — cannot be foreign-freehold; instead you hold it through a registered lease (typically 30 years, renewable), a usufruct or superficies right, a Thai company, or a Thai spouse. Below are the eight legal routes, filterable by what you're buying, with the trade-offs of each. This is orientation on the 2025–2026 position, not legal advice — always confirm with a Thai property lawyer.
2025–2026 legal updates
"30+30+30" leases struck down
The Supreme Court (18 Mar 2025, No. 4655/2566), enforced by lower courts through 2026, ruled that pre-agreed automatic renewals beyond the first 30 years are void. A registered lease is enforceable for up to 30 years only; renewal must be re-negotiated at the end. Treat any "90-year lease" claim with caution.
Tighter scrutiny of company nominees
The DBD has increased scrutiny of Thai nominee shareholders in land-holding companies — Thai shareholders may be asked for bank statements and proof of a genuine investment. Using nominees to bypass land law is illegal.
Reduced transfer fee extended to Jun 2027
The 0.01% transfer/mortgage fee (Thai individuals, property ≤฿7M) has been extended to 30 June 2027. It does not apply to foreign buyers, who pay the standard 2%.
Condo freeholdOwn a unit outright, within the 49% foreign quotaPerpetual
A foreigner can own a condominium unit outright in their own name, provided foreign ownership in the building does not exceed 49% of the combined unit floor area. Purchase funds must be remitted from abroad in foreign currency (with an FET / foreign-currency credit advice). This is the simplest and strongest title available to a foreigner.
Requirements
- Foreign quota available in the building
- Funds remitted from abroad in foreign currency (FET form)
- Passport
- Sale registered at the Land Office
Fees & cost
- Transfer fee 2% (customarily split 50/50)
- See the tax calculator for the full breakdown
Pros
- Full ownership in your own name
- Freely sellable, inheritable and mortgageable
- Strongest foreign title
Cons
- Only within the building's 49% foreign quota
- Foreign-quota units can carry a price premium
- Funds must originate abroad
Legal basis: Condominium Act B.E. 2522 (1979), s.19
Registered 30-year leaseContractual use of land, house or condoUp to 30 years
A lease of up to 30 years registered at the Land Office gives a foreigner secure contractual use of land, a house or a condo — the usual route for villas, where a foreigner cannot own the land. Leases over three years must be registered to be enforceable for their full term.
Requirements
- Written lease registered at the Land Office (for terms over 3 years)
- Rent stated in the contract
- Landowner's consent
- Passport / ID
Fees & cost
- Registration 1% + stamp duty 0.1% of total rent over the term
Pros
- Available to foreigners for land and villas
- Registrable and binding on the owner
- Can bundle building ownership and succession clauses
Cons
- Enforceable for 30 years maximum
- Automatic renewals no longer reliable (2025 ruling)
- Reverts to the owner at the end
- Weaker than freehold on resale
Legal basis: Civil & Commercial Code s.540; Supreme Court 4655/2566 (2025)
Right of superficiesOwn the building, separately from the landUp to 30 years or for life
A registered right to own buildings or structures on land belonging to someone else — separating building ownership from land ownership. Often paired with a lease so a foreigner owns the villa in their own name while a Thai owner holds the land.
Requirements
- Agreement with the landowner
- Chanote-titled land
- Registered at the Land Office
Fees & cost
- Nominal registration fee + stamp duty
Pros
- Foreigner owns the building in their own name
- Registrable, inheritable and transferable
- Can be granted for the holder's lifetime
Cons
- Does not grant land ownership
- Value depends on the underlying land arrangement
Legal basis: Civil & Commercial Code ss.1410–1416
UsufructLifetime right to use and rent outUp to 30 years or for life
A registered right to possess, use and enjoy another person's property — including renting it out and keeping the income — for up to 30 years or the holder's lifetime. Popular between spouses or partners as a security layer over land held by the Thai party.
Requirements
- Agreement with the owner
- Registered at the Land Office
Fees & cost
- Nominal registration fee
Pros
- Lifetime security of use
- May rent out and keep the income
- Binding on any new owner of the land
Cons
- Personal right — ends on death, not inheritable
- Cannot sell the asset itself
- Does not own land or building
Legal basis: Civil & Commercial Code ss.1417–1428
Sap-Ing-Sith (property right)A real right — transferable and mortgageableUp to 30 years
A registrable real right (in rem) introduced by the Sap-Ing-Sith Act B.E. 2562 (2019) to possess, use and benefit from Chanote-titled land, buildings or condos for up to 30 years. Unlike a lease it is a property right — transferable, mortgageable and binding on future owners.
Requirements
- Chanote-titled property
- Agreement with the Thai owner
- Registered at the Land Office with a certificate
Fees & cost
- Land Office registration (confirm with counsel)
Pros
- Stronger than a lease — a real right
- Transferable and mortgageable
- Binds future owners of the property
Cons
- Maximum 30 years, renewal not guaranteed
- New instrument, limited precedent
- Buildings revert to the landowner unless separately registered (s.11)
Legal basis: Sap-Ing-Sith Act B.E. 2562 (2019)
Thai limited companyCompany holds land; foreigner controls via sharesPerpetual (via company)
A Thai limited company (maximum 49% foreign shareholding) can own land and buildings, with the foreigner controlling the company. Legitimate where there is a genuine operating business; using a company purely to hold a home is legally sensitive and increasingly scrutinised.
Requirements
- Incorporate a Thai limited company
- Genuine ≥51% Thai shareholding
- Proper accounting, audit and tax filings
- Real business substance
Fees & cost
- Incorporation + annual accounting/audit + tax
- Standard transfer fees on purchase
Pros
- Company can hold land freehold
- Perpetual and flexible for commercial use
- Shares are inheritable
Cons
- Nominee use is illegal and scrutinised
- Ongoing accounting and compliance cost
- A home-only company is a red flag
Legal basis: Land Code; Foreign Business Act; Civil & Commercial Code
Investment ownership (Land Code s.96 bis)Freehold for large investorsPerpetual (up to 1 rai)
A foreigner who invests at least ฿40M in qualifying Thai assets, held for at least three years, may — with Interior Ministry approval — own up to 1 rai (1,600 m²) of land for residential use. Rarely used, but a genuine freehold route for large investors.
Requirements
- ฿40M+ invested in approved assets, held ≥3 years
- Interior Ministry permission
- Residential use, ≤1 rai
Fees & cost
- Standard transfer fees, plus the ฿40M qualifying investment
Pros
- Genuine land freehold in your own name
- Perpetual
Cons
- Very high capital bar
- Ministerial approval required
- Capped at 1 rai; investment must be maintained
Legal basis: Land Code s.96 bis
Ownership via a Thai spouseLand in the spouse's name + usufructPerpetual (spouse's name)
Land is registered in the Thai spouse's name; the foreign spouse signs a declaration at the Land Office that the funds are the Thai spouse's personal (non-marital) property. The foreigner typically adds a usufruct or lease for personal security.
Requirements
- A Thai spouse
- Joint declaration that funds are the spouse's separate property
- Optional usufruct/lease for the foreigner
Fees & cost
- Standard transfer fees
Pros
- Simple and low cost
- Land held freehold (in the spouse's name)
- Pair with a usufruct for security
Cons
- The foreigner does not own the land
- Risk on divorce or death without protections
- The declaration waives a marital-property claim
Legal basis: Land Code; Civil & Commercial Code (family & property)
Sources: Condominium Act B.E. 2522 (1979) · Civil & Commercial Code (lease, superficies, usufruct) · Sap-Ing-Sith Act B.E. 2562 (2019) · Land Code (incl. s.96 bis) · Foreign Business Act B.E. 2542 (1999) · Supreme Court Judgment 4655/2566 (2025) · Department of Business Development (DBD) · Board of Investment (BOI)
General information on national Thai law, not legal advice. Thai property law is complex and enforcement is evolving — always consult a qualified independent Thai property lawyer before signing.
Frequently asked
Can a foreigner own property in Thailand?
Yes, with one key limit: a foreigner can own a condominium unit outright (freehold) in their own name, but cannot own land directly. A villa — which sits on land — is instead held through a long lease, a usufruct or superficies right, a Thai company, or a Thai spouse. So the honest answer is 'yes for condos, and yes for villas via a structure'.
What is the 49% foreign quota on condos?
A condominium building can sell up to 49% of its total saleable floor area to foreigners as freehold; the remaining 51% must be Thai-owned. When that foreign quota in a building is used up, remaining units are sold to foreigners on leasehold instead. Always check the remaining freehold quota in the specific building before you commit — we verify it.
Freehold vs leasehold — which is better for a villa?
Foreign-freehold isn't available for the land under a villa, so the practical choice is between a registered leasehold (commonly 30 years, with renewal options written into the contract) and a Thai company that owns the land. Leasehold is simpler and cleaner; a company can give more control but carries running costs and must be genuinely operated. The right answer depends on your goals — we walk through both.
Is owning a villa through a Thai company legal?
A Thai company holding land is a widely used, legal structure — but only when the company is a real, properly-run business, not a shell set up solely to hold your villa with nominee Thai shareholders, which is against the law. It must be structured and operated correctly. This is exactly where a good Thai property lawyer earns their fee; we introduce vetted ones.
Is a 30-year lease renewable?
Thai law registers a lease for up to 30 years at a time. Contracts typically add renewal options (e.g. 30+30), but a renewal is a contractual promise that must be honoured and re-registered at the time — it's not an automatic 90-year title. Strong developers and clear contracts matter; we review the lease terms with you.
Can my Thai spouse own the land?
Yes — a Thai national can own land, including a married couple's home, though the foreign spouse usually signs a declaration that the funds were the Thai spouse's, and has no direct claim to the land itself. Many couples pair this with a lease or usufruct to the foreign spouse for security. Get independent legal advice on the arrangement.