Buying Thailand Land and Property

Buying land or property in Thailand is attractive for investment purposes or for residence or retirement. Our American-managed law firm has decades of experience protecting foreigners' rights in Thailand land and property.

Are foreigners allowed to buy land or property in Thailand?
According to the strict letter of Thailand land law, foreigners are, in general, prohibited from owning freehold land in Thailand. However, there are various exceptions in the law regarding this issue. There are also other methods available for acquiring ownership interest in land or property in Thailand that do not amount to outright ownership.

What are the different ways of buying or owning land or property in Thailand?

2.1 Land Leases: Although Thailand property law largely restricts land ownership rights to citizens, foreigners may hold 100% interest in a Thailand land lease. Thailand lease law allows a 30-year maximum lease period, with the possibility of renewing the lease for additional 30 year periods.

2.2 Company Ownership: Thailand registered companies with majority Thai ownership are able to buy land in Thailand. In the past it has been common for foreign nationals to acquire an interest in Thailand land as minority shareholders in a Thai majority company.

2.3 Investment: Thai property law may allow foreigners to buy and own a limited amount of land based on investment of 40 million baht for five consecutive years, provided that the land is used for residential purposes.

2.4 Thai Spouse: A Thai spouse of a foreigner may be allowed to buy land or property in Thailand in his or her own name. However the married couple may be asked to sign declarations at the Land Department to state that the funds used are the separate property of the Thai spouse. This may have the effect of waiving any claim on the land or property by the non-Thai spouse. This may become problematic in a divorce case as it may be difficult for the non-Thai spouse to prove that the land was marital property. In this case, a skillfully drafted prenuptial agreement may come in handy to minimize the risk to the non-Thai spouse.

Can Thai nationals buy land or property in their name and then execute an agreement that the land is held for a foreigner?
This is a risky approach because it is technically illegal for a Thai national to act as a nominee of a foreigner to buy land or property. Therefore, the agreement may be illegal and problematic.

Can foreigners own houses in Thailand?
Yes, there are no nationality restriction on ownership of houses or buildings in Thailand.

Related Topics: Land Purchase, Land Title Deeds and Taxes,Land Lease, Condo Purchase or Real Estate Lawyers