Thailand Real Estate & Property Law
Condo purchase, land lease, BOI land ownership, developer contracts, and closing coordination — for foreign buyers.
Quick Answer
Foreigners CAN buy condos (up to 49% of the building), a house structure, or leasehold up to 30 years — but NOT land in personal name. We perform title & encumbrance due diligence, structure the transaction legally (never nominee), and close at the Land Office. From a fee quoted after review for a condo purchase.
Services
- ✓ Title deed verification (Chanote/NS3G)
- ✓ Land Office encumbrance search
- ✓ Foreign quota (49%) verification for condos
- ✓ Off-plan reservation & contract review
- ✓ Leasehold structuring (up to 30 yrs)
- ✓ BOI land ownership (1 rai for the statutory threshold+)
- ✓ Thai company land structure (compliant)
- ✓ Escrow account setup
- ✓ Land Office closing coordination
- ✓ Rental & lease agreements
- ✓ Property dispute litigation
- ✓ Construction defect claims
FAQ
- Can foreigners own property in Thailand?
- Foreigners CAN own: condominium units (up to 49% of a building), a house structure (not the land), leasehold interests up to 30 years, and land via BOI or 100% Thai company. Foreigners CANNOT directly own land — nominee-Thai structures are illegal and prosecutable.
- What due diligence do you perform?
- Title deed verification (Chanote / Nor Sor 3 Gor), encumbrance search at Land Office, seller identity check, building permit / EIA verification, zoning compliance, and construction quality review for off-plan purchases. Full report in English.
- How much are the transfer taxes?
- Transfer fee 2% (usually split 50/50), specific business tax 3.3% (if sold within 5 yrs), withholding tax 1% (companies) or progressive (individuals), stamp duty 0.5%. Typically 4–7% total on the appraised value.
- Cost of legal services?
- Fees depend on the documents, destination and urgency. Send your documents for a written quote after review — no prices are published. Any government or embassy fees are set by the authority; verify them directly before filing.
Contact: 083-2494999 · LINE @NYC168 · contact@nyclegal.co.th
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Official sources
The information on this page follows the official sources below. Always check the latest version before you file.
- Department of Consular Affairs — document legalisation— Ministry of Foreign Affairs
- Immigration Bureau — visas, 90-day reporting, TM.30— Immigration Bureau
- Department of Provincial Administration — civil & family registration— Department of Provincial Administration
- Lawyers Council of Thailand — Notarial Services Attorneys— Lawyers Council of Thailand
- Office of the Council of State — Thai law database— Office of the Council of State
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What a foreign buyer can and cannot hold
Thai land law reserves land ownership to Thai nationals and to Thai-majority juristic persons, with narrow statutory exceptions. What a foreign buyer can own outright is a condominium unit, provided the foreign-held area in that building does not exceed 49 per cent of the total saleable area. The Land Office checks that ratio at transfer and will decline registration once the quota is full, regardless of what the sale contract says.
Everything else is a structure question. A foreigner may own a building separately from the land beneath it, may take a registered lease, and may hold a registered superficies or usufruct. Each of these is a different right with a different term, a different registration fee and a different outcome on death, and the choice between them should be made before the deposit is paid rather than at the Land Office counter.
The instruments compared
| Instrument | Maximum term | Registrable at Land Office | Practical caution |
|---|---|---|---|
| Condominium freehold | Perpetual | Yes | Subject to the 49 per cent foreign quota and to the foreign-currency remittance evidence |
| Registered lease of land | 30 years, renewable by fresh registration | Yes | A promise to renew binds the current owner personally; it does not automatically bind a purchaser |
| Superficies | 30 years or life of the grantee | Yes | Supports separate building ownership more robustly than a bare lease |
| Usufruct | Life of the usufructuary | Yes | Ends on death and cannot be inherited |
| Thai company holding land | n/a | Yes | Nominee shareholding to defeat the land law is unlawful and is examined at registration |
The foreign-currency evidence that trips condominium buyers
To register a foreign freehold condominium purchase, the Land Office requires evidence that the purchase money entered Thailand in foreign currency and was converted to baht, in the buyer's own name, in an amount not less than the price. Banks issue this evidence on request; the form and threshold have changed over time, so the instruction to the remitting bank must state that the purpose is a condominium purchase and name the buyer.
Two failures recur. The first is remitting from a company or relative's account, which breaks the name match. The second is transferring in baht from an existing Thai account, which produces no conversion record at all. Both are recoverable only by re-remitting, which is why the payment instruction is drafted before the deposit rather than after.
Our scope on a purchase file
- Title search at the Land Office covering the chapanot class, encumbrances, mortgages, court seizures and access rights.
- Review of the developer's sale and purchase agreement against the Consumer Protection Board standard terms, which override contrary contract clauses in a covered sale.
- Verification of the building's foreign quota position in writing from the juristic person before the deposit.
- Drafting or amending the lease, superficies or usufruct registration wording so it survives a later transfer of the land.
- Attendance at the Land Office with certified translations and a notarised power of attorney where the buyer cannot attend.
Common mistakes and how we avoid them
More questions we are asked
- Can a foreigner inherit land in Thailand?
- A foreign heir may inherit the right but generally cannot register ownership and is required to dispose of the land within a period set by the Land Department. A condominium unit within quota is treated differently.
- Is a marriage to a Thai national a route to land ownership?
- No. The Thai spouse may own land, and both spouses ordinarily sign a declaration that the funds are the Thai spouse's separate property. The foreign spouse's protection comes from separate instruments, not from ownership.
- How much are transfer costs?
- Transfer fee, specific business tax or stamp duty, and withholding tax are calculated on the appraised or declared value depending on the seller's status. Who pays what is a contract term and is negotiable.
- Do off-plan payments need protection?
- Yes. Look for the statutory escrow or a bank guarantee, and align the payment schedule to construction milestones that a third party can verify.
- Can I sign from abroad?
- Yes, through a power of attorney on the Land Office form, notarised and legalised in the country of signature and translated for the Land Office.
Frequently asked questions
- How does a foreigner register a marriage in Thailand?
- The foreign partner first obtains an affidavit of freedom to marry from their embassy in Thailand, has it translated into Thai and legalized by the Department of Consular Affairs, and then both parties register the marriage at any district office (amphoe) with passports and two witnesses. Since the Marriage Equality Act took effect on 23 January 2025, same-sex couples register on exactly the same basis.
- Do we need an interpreter at the district office?
- Yes in practice — most district offices require that a foreign party who does not read Thai be assisted by an interpreter, and many request that the interpreter present identification and sign the register. Some offices also expect a prenuptial agreement, if any, to be presented before registration, because a prenuptial agreement in Thailand is only valid when registered together with the marriage.
- Is a Thai marriage recognized in my home country?
- A marriage registered at a Thai district office is generally valid worldwide, but recognition procedures differ: many countries want the Thai marriage certificate and the Kor Ror 2 extract translated, legalized by the MFA and certified by their embassy before it is entered in their civil register. Some countries additionally require registration with their consulate within a set period.
- How is a prenuptial agreement made enforceable in Thailand?
- Under the Civil and Commercial Code a prenuptial agreement must be in writing, signed by both spouses and two witnesses, and registered with the marriage at the district office on the day of registration — an agreement signed afterwards is void as to property arrangements. It also cannot contradict public order or the rules on parental duties, so the drafting must be Thailand-specific rather than a translated foreign template.