What a foreigner can own
Thai law separates land from the buildings on it, and that separation defines every option. The table sums up the Condominium Act, the Land Code and the Civil and Commercial Code as they stood in September 2026; the sections below give the detail and the sources.
| What you want | Can a foreigner own it? | How it is usually held |
|---|---|---|
| Condo unit | Yes, freehold | In your own name, within the building's 49% foreign quota |
| Land | No | Registered lease of up to 30 years |
| House or villa | The building, yes | Building owned or covered by a right of superficies; land leased |
| Land through a company | Only a genuine Thai-majority company | High legal risk if Thai shareholders are nominees |
Condo freehold and the 49% quota
Section 19 bis of the Condominium Act lets foreigners own units as long as the combined floor area of all foreign-owned units does not exceed 49% of the total floor area of all units in that condominium. The quota is counted by floor area, not by number of units, and it is counted per registered condominium, so two towers in the same project can be in different positions (Condominium Act B.E. 2522 as amended in 2008, checked September 2026). We explain the calculation in detail in how the Thailand condo foreign quota works.
In popular buildings in Bangkok, Pattaya and Phuket the foreign quota can fill up while Thai-quota units are still for sale. Before you pay a deposit, get written confirmation from the building's juristic person office that quota is available for your specific unit. If it isn't, the developer may offer the same unit on a 30-year lease. That is a weaker product with lower resale value, and it should be priced accordingly.
A freehold condo can be sold to anyone and inherited. A foreign heir registers it within the quota; if there is no room, the heir has to sell within the period the Condominium Act allows, so ask your lawyer how it applies to your building.
Leasehold: 30 years, and renewals are not guaranteed
Under sections 538 and 540 of the Civil and Commercial Code, a lease of immovable property can run for at most 30 years, and a lease longer than three years is enforceable for its full term only if it is registered at the Land Office (checked September 2026). A registered lease binds a later owner of the land.
For years developers sold "30+30+30" leases as 90 years of security. On 18 March 2025 the Thai Supreme Court (case 4655/2566) ruled that pre-agreed renewals of this kind are unenforceable, as reported by Addleshaw Goddard and One Asia Lawyers: anything beyond the first 30 years has no legal effect unless a new lease is freely agreed at the time of renewal. Price a lease as 30 years of use and treat any renewal as a possibility, not an asset. On a house, a registered right of superficies over the building gives you a separate real right to the structure itself.
Thai companies and the nominee problem
A Thai limited company in which Thais hold the majority can own land. That works when the company is a real business, such as a hotel or a restaurant that owns its premises. It is illegal when the Thai shareholders are nominees who hold shares on paper for a foreigner who controls everything.
The penalties are real. Under section 36 of the Foreign Business Act, a nominee arrangement carries up to three years in prison and a fine of 100,000 to 1,000,000 baht, or both, for the Thai nominee and the foreigner. The Land Code adds up to two years in prison or a fine of up to 20,000 baht for holding land on a foreigner's behalf (sections 111 and 113), and the Land Department can order the land sold (checked September 2026). Enforcement has tightened: since 1 January 2026 the Department of Business Development (DBD) requires bank evidence that Thai shareholders of companies with foreign participation paid for their shares from their own funds, and since 1 April 2026 similar checks apply to share transfers and director changes (DBD orders as summarised by DFDL and Nishimura & Asahi, checked September 2026).
If a broker offers a shelf company with Thai shareholders you will never meet, walk away.
Land: the narrow exceptions
- Marriage does not give a foreign spouse land rights. A Thai spouse can buy land in their own name, and the foreign spouse signs a statement at the Land Office that the money is the Thai spouse's personal property.
- Section 96 bis of the Land Code allows a foreigner who invests at least 40 million baht in approved assets to apply for up to one rai (1,600 m²) of residential land, with permission from the Minister of Interior. It is rarely granted (Land Code, checked September 2026).
Title deeds
The Department of Lands issues several grades of land document. Buy only land, or a building on land, with a chanote (Nor Sor 4 Jor), the full title with surveyed boundaries. Lower grades such as Nor Sor 3 Gor carry more risk of boundary disputes and are harder to lease out and resell. Your lawyer's title search at the Land Office confirms which document you are buying.
The money has to come from abroad
To register a condo in a foreign name, you must show the Land Office that the purchase money entered Thailand in foreign currency, or came from a non-resident baht account or a foreign currency account (Condominium Act, section 19). Under the Bank of Thailand's reporting rules, for each transfer of USD 50,000 or more, the receiving Thai bank issues a Foreign Exchange Transaction form (FET form). For smaller transfers it issues a letter confirming the inward remittance instead.
Three practical rules. Send the money in dollars, euros or pounds and let the Thai bank convert it. Write the purpose in the transfer, for example "purchase of condominium unit 12A, [building name]". Make sure the sender's or recipient's name matches the buyer named on the title deed. Keep the FET forms: you will need them again when you sell and want to send the proceeds home.