Can foreigners buy property in Thailand?
Updated · ZODIAC Co., Ltd.
Yes, with one important limit: a foreigner can own a condominium unit outright and can own a building, but cannot own land in their own name. Villas are therefore usually bought as a registered lease of the land combined with ownership of the house, while condominiums can be bought freehold within the building's 49% foreign quota.
The short answer: buildings yes, land no
Thai law separates land from what stands on it. The Land Code restricts land ownership to Thai nationals and Thai juristic persons, and a foreign individual has no general right to hold a land title deed. Buildings are treated differently. A foreigner may own a house, and the Condominium Act specifically allows foreigners to own condominium units, subject to a cap on the share of the building held by foreigners.
In practice this produces three mainstream routes for international buyers: a freehold condominium unit registered in your own name, a registered lease over land (typically with the house built or owned by you), and real rights such as superficies or usufruct that sit alongside a lease. Everything else is either a niche exception or an arrangement that Thai law treats as unlawful.
Freehold condominiums: the cleanest route
A condominium unit is the only form of Thai real estate that a foreign individual can own outright, with the title (known as a condominium title deed) in their own name. Two conditions matter. First, total foreign ownership in the building may not exceed 49% of the combined floor area of all units. Second, a foreign buyer must show that the purchase money was brought into Thailand in foreign currency, which is what the bank-issued FET form or credit advice is for.
Freehold condo title can be sold, mortgaged, rented out on long-term tenancies and passed on by will, although inheritance by a foreigner has its own rules. For most buyers who want a straightforward legal position, this is the benchmark against which every other structure should be judged.
- Quota: foreign-owned floor area must stay at or below 49% of the building's total unit area.
- Funds: money must come from abroad in foreign currency and be evidenced by the receiving Thai bank.
- Registration: transfer happens at the Land Office, where the quota and funds evidence are checked.
Land: why foreigners cannot own it, and the narrow exceptions
Section 86 of the Land Code only allows foreigners to acquire land under treaty rights that no longer operate in practice. A narrow statutory exception exists under Section 96 bis: a foreigner who invests at least THB 40 million in qualifying Thai investments may apply for ministerial permission to acquire up to one rai (1,600 square metres) for residential use, in designated areas and subject to conditions. Law firms consistently report that approvals are rare, so it should not be treated as a realistic plan.
Companies promoted by the Board of Investment can hold land for their approved activity, and foreign-owned companies can sometimes hold land under industrial estate rules. Neither is designed for a private holiday villa.
A foreigner married to a Thai national can support the purchase of land in the Thai spouse's name, but at the Land Office the foreign spouse is normally asked to confirm in writing that the money belongs to the Thai spouse and that they have no ownership claim to the land. That is a legitimate route for couples, but the land belongs to the Thai spouse.
Leasehold: up to 30 years, registered
Under Section 540 of the Civil and Commercial Code, a lease of immovable property cannot exceed 30 years; anything longer is reduced to 30 years by law. Leases longer than three years must be registered at the Land Office to be fully enforceable, and registration costs 1% of the total rent for the term plus 0.1% stamp duty.
Many villa contracts in Phuket were historically marketed as 30+30+30 years. In Supreme Court judgment No. 4655/2566, issued in March 2025, the court held that pre-agreed renewal terms designed to push a lease past the 30-year ceiling are not enforceable. Law firms including Addleshaw Goddard and Formichella & Sritawat have published analyses of the ruling. The practical consequence is simple: value a lease on its registered 30-year term and treat any renewal promise as a hope, not an asset.
Owning a house on leased land
Because buildings can be owned separately from land, a foreigner can hold the house in their own name while the land is held under lease. The common tools are a building permit issued in the buyer's name for new construction, a registered transfer of an existing house, and a registered right of superficies over the land, which gives the right to own structures on someone else's land for a fixed term of up to 30 years or for the lifetime of the landowner or the right holder.
These tools can be combined, but none of them converts into land ownership. Our separate guide to buying a villa as a foreigner explains how developers in Phuket typically package leasehold land, superficies and building ownership.
Company structures and nominees: where buyers get into trouble
A Thai limited company with at least 51% Thai shareholding can own land. The problem is that many villa purchases in the past used Thai shareholders who contributed no money and held shares only on paper. That is a nominee arrangement, and it is illegal.
The Land Code penalises both the foreigner who acquires land through a nominee and the person who acts as nominee, with up to two years' imprisonment and fines, and land acquired this way can be ordered to be disposed of. If the company also breaches the Foreign Business Act, the nominee provisions of that Act carry up to three years' imprisonment and fines of up to THB 1 million. Land Offices now routinely ask about the source of Thai shareholders' funds, and the Department of Special Investigation has pursued nominee cases. A genuine operating business with real Thai partners is a different matter, but it is a business structure, not a way to own a home.
Costs and paperwork you should expect
Whichever route you choose, the legal event that matters is registration at the Land Office. For a freehold condominium, the government charges on transfer are a 2% transfer fee on the official appraised value, either 3.3% specific business tax or 0.5% stamp duty, and withholding tax on the seller's side; who pays what is set by the contract. For a lease, the registration fee is 1% of the total rent plus 0.1% stamp duty. The reduced 0.01% transfer fee that is in force until June 2027 applies only to Thai individual buyers of homes up to THB 7 million, so international buyers should budget for the standard rates.
Paperwork is manageable but unforgiving. You will need your passport, the bank evidence for every remittance, the sale or lease agreement, and for condominiums a debt-free letter from the building's juristic person confirming common fees are paid. If you cannot attend the transfer, you can sign a Land Office power of attorney in favour of your lawyer, which usually needs to be signed in a specific form and may require notarisation or legalisation if signed abroad.
What is changing, and what is not
Two reforms are frequently mentioned in marketing: raising the condominium foreign quota from 49% to 75%, and extending the maximum lease term to 99 years. As of September 2026, neither is law. The 99-year lease idea was publicly shelved by the government in September 2025, and the 75% quota has not been enacted. Thai property policy does move, so it is worth checking the position at the time you sign, but you should never pay a premium for a legal change that has not been published in the Royal Gazette.
Choosing the right route
If you want the simplest ownership, a freehold condominium within the foreign quota is hard to beat. If you want a private pool villa, expect a registered lease plus building ownership or superficies, and budget for independent legal due diligence on the land title, the developer and the lease terms. In either case, the transaction should be registered at the Land Office in your own name, and the money trail should be clean from the first deposit.
In our current catalogue of 174 Phuket projects, 84 are condominium developments and 90 are villa projects, which reflects how the market splits between these two legal routes.