Land Ownership Legislation for Foreigners in Thailand

Updated on Friday 23rd September 2016

Land Ownership Legislation for Foreigners in Thailand Image
As stated by the Civil and Commercial Code of Thailand, foreign citizens have pretty much the same property rights as Thai citizens. However according to the Land Code Act B.E. 2497 (1954), it is forbidden for foreign citizens to own land in the country. Since owning land is a key aspect of any real estate ownership, be it house or land, in fact, except for an apartment in a licensed condominium, free ownership of real estate – house or land – is not accessible to foreign citizens in Thailand.

Even though the land ownership legislation for foreigners in Thailand does not allow free ownership of land by foreigners, there can be different ways in which land or property can be purchased in the country by them. These can consist of the following forms:
 

Land leases


The land ownership legislation for foreigners in Thailand enables foreign citizens to hold a 100% interest in a land lease in the country. This way, the foreigner is able to actually lease the land or house form a local citizen, who is still the owner of the real estate. The maximum lease period in Thailand is of 30 years, being possible to extend the lease period for another 30 years.
 

Company ownership


There are companies registered in Thailand owned in majority by Thai citizens (a Thai limited company). Our lawyers in Thailand can provide guidance on opening such an entity in the country. 
 

An investment


The land ownership legislation for foreigners in Thailand enables foreign citizens to acquire and own a limited amount of land if an investment of THB 40 million (USD 1,154,065) for five years in a row, if the land is utilized to residential purposes.
 

A spouse who is a Thai citizen


According to the local real estate legislation, a spouse who is a Thai citizen can buy land or real estate in the country in her or his own name.
 

Usufruct habitation and superficies


A foreign citizen can buy a life time interest in certain property rights in Thailand. A Thailand lawyer can provide more details on this subject.

Our Thailand law firm specializes in the various aspects of owning real estate for foreign citizens in this country. We invite you to get in touch with us for advice on the land ownership legislation for foreigners in Thailand.

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