Property Ownership in Thailand: What Foreigners Can Actually Buy

Thailand treats condominiums, land, buildings and leasehold rights quite differently, and the route open to a foreign buyer depends on which of these they're buying.

Freehold condominiums

A foreign buyer can hold a qualifying condominium unit outright, most commonly by bringing foreign currency into Thailand for the purchase. The key limit is the foreign quota: foreigners may collectively own no more than 49% of a building's total unit floor area — measured by area, not by number of units — and the juristic person must certify this before transfer.

Land and houses

Foreigners generally cannot own land in their own name. The recognised exceptions are narrow: qualifying inheritance, the Section 96 bis route (a minimum ฿40 million investment for up to one rai of residential land, subject to approval), and specific BOI or industrial-estate legislation. A house can sometimes be owned separately from the land beneath it, but this needs careful documentation — and using a Thai nominee shareholder purely to work around the land rules carries real legal risk.

Leasehold

A registered lease of land or a building runs up to 30 years per term. A further term can be agreed, but a pre-paid "30+30+30" structure is not a guaranteed 90-year right — a 2023 Supreme Court decision found such a pre-agreed renewal ineffective, so the lease wording needs review by Thai counsel before money changes hands.

Costs to expect on a freehold purchase

• Standard transfer registration fee: 2%
• Specific Business Tax where it applies: 3% plus a 10% local surcharge (effective 3.3%), or stamp duty of 0.5% where SBT does not apply
• Who pays which fee is usually settled in the sale contract
• A reduced 0.01% transfer fee exists for qualifying Thai buyers only — it does not extend to foreign purchasers

This is general information, not legal advice. Before paying a deposit, have the title, foreign quota, encumbrances and contract independently checked by a Thai property lawyer.