Common Real Estate Questions

To answer that question, plain and simple, it IS legally possible for foreigners to buy property in Thailand. Foreigners are allowed to own property with some restrictions. Foreigners are allowed to own condos but are prohibited from entirely owning land (such as villas or townhouses).

Foreigners can follow these three rules on property ownership in Thailand:

1. Foreigners can own condos.
2. Foreigners can’t own land in Thailand entirely.
3. Structures and buildings located on a plot of land, however, are permitted.

The easiest method of a foreigner owning real estate as well as having their name registered on the title deed (known in Thai as “Chanote”) is to actually buy a condo. Make sure to also verify that the title deed is real and that it is indeed designated as the official title deed of the actual property, all of which can be done at the land department.

As stated before, foreigners are legally prohibited from owning land under their name in Thailand. Fortunately, Thailand’s legal framework offers some ownership and control alternatives to foreigners. While direct ownership and title deed registration is not possible, alternative holding structures allow foreigners to enjoy and “indirectly” control land usage.

The most common methods of ownership structures used for “indirectly” owning or enjoying landed property usage are usually buying a leasehold or buying property through a Thai company.

A foreigner bringing in money of no less than 40 million THB (1.13M USD at the time of writing), as specified in the Ministerial Regulation, into the Kingdom of Thailand for investment may apply for acquisition of land, not exceeding one rai, for residential purposes provided that permission has been granted by the Minister. According to section 96 bis of the land code, the land acquisition application must comply with rules and conditions established in the Ministerial Regulation. Furthermore, the land size in any acquisition for residential purposes must not exceed 1 rai (1600 sqm.).

Any promoted company with 50% and above foreigner-held shares may apply for land ownership by submitting any relevant forms to the Thailand Board of Investment (BOI). When the land acquisition has been approved successfully, the BOI will then issue a letter of approval to the applicant and the Department of Land (or provincial governor) would be notified as well.

In Thailand, Land is measured in Rai, Ngan and Wah.

• 1 Rai = 4 Ngan (or 1600 Sq.m.)
• 1 Ngan = 100 Wah (or 400 Sq.m.)
• 1 Wah = 4 Sq.m.
• 1 Acer = 2.5 Rai
• 1 Hectare = 6.25 Rai

Land prices are usually expressed in Baht per Rai or Baht per Wah. Condominium prices are usually expressed in Baht per sqm (square meter).

Yes. A foreign-owned property may be rented out. Some banks may allow you to open an account to collect the rents. You, as a non-resident, must be aware that personal income tax shall be deducted from your income earning in Thailand.