Article
The clearest ownership route for foreigners in Thailand is the freehold condominium. The Condominium Act allows foreign natural persons and juristic persons to own units with full title, provided total foreign ownership in the building stays within 49% of the saleable floor area. The quota is tracked per building and confirmed by the juristic person at transfer time.
Foreigners generally cannot own land freehold. The Land Code restricts land ownership to Thai nationals and Thai-majority companies, with narrow exceptions (such as Board of Investment promotion) that rarely apply to residential buyers.
For houses and villas, the standard structures are: a registered lease of up to 30 years on the land (renewal clauses are contractual promises, not registered rights), combined with freehold ownership of the building itself; or rights such as usufruct (right to use and enjoy) and superficies (right to own structures on another's land) registered at the Land Department.
Using a Thai company solely as a nominee vehicle to hold land for a foreigner is illegal. A company must have genuine business substance and genuine Thai shareholders; authorities can investigate nominee arrangements and unwind them. Married buyers should note that land bought by a Thai spouse is declared as the spouse's separate property.
Before relying on any structure, confirm the title deed class (chanote / Nor Sor 3 Gor and others convey different levels of certainty), check encumbrances at the Land Department, and have an independent Thai lawyer review the exact documents. This article summarizes the legal framework and is not legal advice.
Frequently asked questions
What is the 49% foreign quota?
Under the Condominium Act, foreigners may collectively own up to 49% of a condominium building's total saleable area. Once that share is reached, additional units can only be sold to foreigners as leasehold, or to Thai buyers.
Can a lease be longer than 30 years?
A registered lease is capped at 30 years for residential property. Contracts often include renewal promises for further terms, but renewals are contractual obligations of the lessor — not registered property rights — and their enforceability depends on the counterparty.
Is buying through a Thai company safe?
Only if the company is a genuine operating business with real Thai shareholders. Nominee shareholding arranged purely to hold land for a foreigner violates the Land Code and the Foreign Business Act and can be unwound by authorities.
Verified on: 2026-07-26
Citations
- Department of Lands, Ministry of Interior · government · 2026-07-26
- Office of the Council of State — Thai legislation database · government · 2026-07-26
- GoThailandHome editorial team · editorial · 2026-07-26