How Foreigners Can 
Hold Property in Thailand

There are two main ways a foreigner can hold property in Thailand:  Freehold and Leasehold.

Condominiums are the simplest and most straightforward way for foreigners to own real estate, provided that at least 51% of the condo units in a given building are owned by Thais.  The remaining 49% can be owned by foreigners. Condos are considered a freehold property, because you can own one completely. You should still have a good lawyer do a title check (to make sure the seller is the real owner) and draw up a purchase contract.  There is a transfer fee (tax) when buying a condo, and it is part of the negotiations to determine how much of this fee is paid by the seller and buyer.  (Note, if you wish to purchase a condo in a building where the condos are NOT majority owned by Thais, you would have to obtain a 30 year lease -- see below.)

 
If you prefer to own a house, it would be a leasehold property.  A foreigner can obtain a 30 year lease of a plot of land, with the option to renew the lease at the end of that time.  Then, if you build a house on the land, you own the house and lease the land.  If later you wish to sell, you transfer the lease to the new owner, and sell the house.  If you sell to a Thai, you sell both the house and land.  Once again, a good lawyer is a must in such transactions. We can refer you to qualified, English speaking lawyers to advise you in every step of the process.

Forming a Thai Company

If you come to Thailand with the purpose of starting up a company to do business, you can purchase a home and land in this way.  However, it is vitally important that it be a bona fide company, actually doing business, NOT a "shell" company, organized with the sole purpose to allow a foreigner to own land.  This is strictly forbidden in Thai law.  Also, keep in mind that you must have a minimum of 3 Thai shareholders, who own at least 51% of the company.

Owning Property Through a Thai Spouse

Another way foreigners can own property in Thailand is through his or her spouse.  A prenuptial agreement should be drawn up that is satisfactory to both parties, in case of divorce.

The above is just a brief outline of Thai real estate law.  For more information, click the link below, and you will be taken to a website of a registered law firm, expert in all aspects of Thai law. 

For American Citizens:  Click here to learn more about the US-Thai Amity Treaty.

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