Buying guide · checked August 2026
Can foreigners buy property in Thailand?
Yes, with limits. A foreigner can own a condominium unit freehold if foreigners hold no more than 49% of the building's total unit area, and can own a house or other building, but cannot hold land in their own name. The usual legal routes to land are a registered lease of up to 30 years or a genuine Thai company.
By Vladimir Iazykov, Sales Director, Habita Pattaya. Last updated 2026-10-14.
What a foreigner can and cannot own
| Asset | Foreigner in own name? | Condition |
|---|---|---|
| Condominium unit | Yes, freehold | Foreign share of the building's total unit area at most 49% |
| House or villa (the building) | Yes | The building is a separate asset from the land under it |
| Land | No | Land Code Act restricts foreign ownership; legal routes below |
| Registered lease | Yes | Maximum 30 years under current law |
The 49% condominium quota
The quota comes from section 19 of the Condominium Act B.E. 2522 (1979): the combined area of units owned by foreigners and qualifying foreign juristic persons must not exceed 49% of the total area of all units in the building at registration.
- It is counted by area in m², not by number of units: a building with 10,000 m² of units allows up to 4,900 m² in foreign ownership.
- Common areas such as lobbies and corridors are not counted.
- Every building has its own quota; unused quota in one building of a complex does not transfer to another.
- A foreign heir inherits a unit under the same quota rule at the time the transfer is registered.
When the quota is full
The law has no exception to the 49% limit. When a building's foreign quota is used up, a foreigner can only take a unit on a registered lease, for a maximum of 30 years. Developers often offer exactly this. Leasehold units usually resell less easily than freehold units in the same location, so check how the lease is registered and how it can be extended before you pay.
See Freehold vs leasehold in Thailand for the comparison, and what a 30+30+30 renewal promise is actually worth.
How a foreigner can legally control land
A foreign individual cannot hold land in their own name. The legal alternatives are:
- A registered lease, up to 30 years, registered at the Land Department.
- Usufruct: the right to use and take the benefit of the property without owning the land.
- Superficies: separate ownership of the building and the land under it.
- A genuine Thai company with real shareholders, real capital, working governance and a legitimate business purpose, not one created only to get around the housing restriction.
- A BOI-promoted structure, for investment projects of an appropriate scale, with its own regulatory regime.
Which route fits a particular case is a question for a licensed Thai lawyer before any money moves.
Nominee shareholders: the route that ends in court
Setting up a Thai company in which Thai citizens hold the shares on paper while the foreigner controls the company and the land is a nominee structure. It is a criminal offence under the Foreign Business Act, with imprisonment, fines and dissolution of the company as possible outcomes.
Real estate is named as a sector under heightened scrutiny in 2025 to 2026, and the Land Department and the Department of Business Development have stepped up checks. Raids in Phuket in 2024 resulted in 17 criminal cases linked to nominee structures. Auditors look at where the Thai shareholders' money came from, whether they could really contribute the stated capital, who actually controls the company, and side agreements. If an agent suggests this route, walk away.
Paying for a condominium: the foreign-currency rule
A foreigner buying a condominium unit freehold must show that the money came from abroad in foreign currency and was converted to baht inside Thailand. This is a condition of registering the transfer under the Condominium Act; without proof the Land Officer will refuse.
- For transfers above the equivalent of USD 50,000 the bank issues a Foreign Exchange Transaction form (FET).
- For smaller amounts a bank letter or credit note is usually enough.
- The purpose line of the transfer should state the unit, floor, building and buyer's name exactly. A vague purpose such as "personal use" risks a refusal at registration.
Check the title before you pay
| Title | What it means | Reliability for a buyer |
|---|---|---|
| Chanote (Nor Sor 4 Jor) | Full title with exact GPS-surveyed boundaries, registered at the Land Department | Highest |
| Nor Sor 3 Gor | Confirmed right of use with exact boundaries; can be upgraded to Chanote | Medium to high; extra checks needed |
| Nor Sor 3 | Right of use without a GPS survey of boundaries | Limited; higher boundary-dispute risk |
| Sor Kor 1 and other declaratory forms | Claims without a confirmed survey | Not recommended without separate legal review |
The title of a specific property must be checked in person or through a licensed lawyer at the Land Department, not accepted from the seller's word. Check that the seller on the title is the person signing, that there is no registered mortgage or court attachment, and that the actual layout matches the registered area.
Sources
- Thailand Condo Foreign Quota: The 49% Rule Explained (Terms.Law)
- Will Thailand Allow 99-Year Leases and 75% Foreign Condo Ownership? The 2026 Status (Bektu)
- Thailand Nominee Company Crackdown 2026 (Closer Law)
- Thailand's Nominee Crackdown: What Foreign Property Owners Need to Know (PropertySights)
- The FET: all there is to know about foreign transaction forms in Thailand (PropertyScout)
- The FETF explained (Forbes & Partners)
Facts checked August 2026.
Frequently asked questions
Can a foreigner buy a condo in Thailand?
Yes, freehold, as long as foreigners together hold no more than 49% of the total unit area of the building at registration (Condominium Act B.E. 2522, section 19). When the building's quota is full, a foreigner can only take a registered lease of up to 30 years.
Can a foreigner buy land in Thailand?
Not directly in their own name. The legal routes are a registered long-term lease, usufruct, superficies, or a genuine Thai company with real shareholders. Nominee arrangements are illegal.
Is it legal to buy through a Thai company?
Only if the company is genuine: real Thai shareholders who actually contribute capital, real governance and a legitimate business purpose. A company set up with Thai nominees to control land for a foreigner is a criminal offence under the Foreign Business Act.
Do I need to bring money from abroad to buy a condo?
Yes. For freehold condominium purchases the money must arrive from abroad in foreign currency and be converted to baht inside Thailand, evidenced by a Foreign Exchange Transaction form (FET) for transfers above USD 50,000, or a bank letter or credit note for smaller amounts.
Is a foreigner's right to own going to change?
As of mid-2026 no change to the 49% quota or the 30-year lease has been adopted. Proposals are being discussed, but a proposal is not law; do not rely on rumours of a higher quota or 99-year leases.
Ask about a property
Write to Vladimir Iazykov. Replies are in English.
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