Can foreigners buy property in Thailand? The rules to check before you pay

The old version made a neat story out of a legally untidy subject. It was right that a foreign buyer must distinguish a condominium from land. It was wrong to present some paperwork and lease outcomes as more settled than the public sources allow.

That is a poor bargain when the deposit has six zeroes. This guide gives the published starting points, then tells you where an independent Thai property lawyer needs to read the actual documents.

Condominiums: the route that is expressly provided for

Thailand’s Condominium Act permits foreign ownership of qualifying condominium units. The important limit is in section 19 bis: foreign individuals and foreign juristic persons collectively cannot own more than 49% of the total area of all units in the condominium. This is a building-level calculation, not a promise that every unit in a development is eligible for a foreign buyer.

Before signing, ask the juristic person and Land Office to confirm in writing that the unit can be registered under the foreign quota and that the proposed buyer qualifies under section 19. A lease, a promise to transfer later or a company owning a unit is not the same thing as freehold ownership in your own name.

The money trail is part of the purchase

For the foreign-currency route, the Act requires evidence that the buyer brought foreign currency into Thailand for at least the unit’s price. Its published text also recognises particular withdrawals from a non-resident baht account or foreign-currency deposit account. The exact transfer route and evidence are therefore not optional admin: they are part of the registration question.

Banks commonly issue foreign-exchange evidence for a qualifying transfer, but names and procedures vary. Do not simply instruct a transfer and hope the receipt will do. Before paying, ask both the receiving bank and the Land Office which evidence they will require for your transaction, and keep the original documents. That is boring advice. Boring has an excellent record in property transactions.

Land is a different legal question

The general rule is that a foreigner cannot acquire land. The Department of Lands describes limited statutory routes, including inheritance as a statutory heir under section 93, a residential application under section 96 bis, and acquisition where another law specifically permits it.

Section 96 bis is not a casual buyer route. The Department’s published guide describes a residential plot of no more than one rai, investment of at least ฿40 million maintained for at least five years, and permission from the Interior Minister. Whether it is available in a particular case is a question for the Land Office and specialist advice, not an estate-agent slogan.

Marriage does not transfer land-ownership rights to a foreign spouse. A Thai spouse may be able to acquire land in their own name, subject to the Land Office’s process and evidence. Treating a spouse’s title as the foreign buyer’s title is both inaccurate and a fast route to household tension of a rather expensive kind.

Leases, renewals and other rights

For immovable property, section 540 of the Civil and Commercial Code caps a lease at 30 years. A contract may contain a renewal promise, but do not call “30+30” or “30+30+30” a registered 60- or 90-year interest. The first registered term and any later contractual promise are different things.

The earlier version claimed a universal court answer on whether a renewal binds heirs or purchasers. This audit did not obtain and analyse the relevant judgments and contracts, so it withdraws that claim. The practical rule is stricter and safer: do not price a later renewal as guaranteed value unless an independent Thai lawyer explains the clause, its registration status and its effect on a sale, death, default or inheritance in writing.

Usufructs, superficies and the 2019 leasehold-asset legislation also need transaction-specific advice. Their duration, transferability, inheritance and registration consequences differ. A label on a brochure is not a legal analysis.

A company is not a magic personal title deed

A Thai company may own property in its own name. That does not mean a foreign individual has personally acquired the land, and it does not make a nominee arrangement lawful.

The Department of Lands has publicly strengthened its anti-nominee measures. Its 2025 guidance says officials should investigate source-of-funds and Thai shareholding where there are reasons to suspect that Thai shareholders are holding for foreigners; it refers to enforcement, including compelled disposal and potential offences, if prohibited nominee holding is found.

That is sufficient reason not to use a “company package” designed solely to get around the land rules. If a genuine operating company is involved, obtain independent legal and tax advice on corporate governance, the Foreign Business Act, shareholder funding and the fact that the company — not you — owns the asset.

A sensible pre-payment checklist

1. Identify the asset. Is it a foreign-quota condominium unit, land, a lease or a right over land? Do not accept a marketing label as the answer.
2. Get the current Land Office position. Confirm the foreign quota and the documents needed for the proposed registration.
3. Agree the funds route before transfer. Obtain written bank guidance on the evidence it will issue, and retain it.
4. Have independent counsel read the actual agreements. This means a lawyer paid by you, not the developer, agent or seller.
5. Price what is guaranteed. Treat unregistered renewals, future approvals and proposed law changes as uncertainty, not as part of the asset’s assured value.

Common misconceptions

“All foreigners are barred from ownership.” No. Qualifying condominium ownership is expressly provided for, subject to the statutory requirements and building quota.

“The 49% figure means 49% of every building is available to me.” No. It is a collective cap on the total unit area and the specific building’s remaining quota must be confirmed.

“A 90-year lease is the same as freehold.” No. A registered land lease is capped at 30 years; later renewals require separate legal scrutiny.

“A Thai company puts the land in my name.” No. It puts land in the company’s name. A nominee arrangement is a serious legal risk.

“I can sort out the transfer evidence afterwards.” Do not assume so. Agree the funds route and documentary requirements with the bank and Land Office before payment.

Final thought

The correct decision may still be a condo, a lease, a company investment or no purchase at all. This page cannot choose among them because the documents, the asset and the buyer’s circumstances change the answer.

What it can say is simple: do not spend property money on a structure whose legal explanation fits in a sales pitch. The salesperson may be delightful. The documents should still meet a lawyer who is paid to be difficult.