Property law

Property law in Thailand (for foreigners) is mainly governed by the Thai Civil and Commercial Code, especially Book III (Specific Contracts) (covering leases and mortgages) and Book IV (Property) (covering ownership, possession, usufruct, and superficies), together with the Thailand Land Code Act and the Thailand Condominium Act.

Under the Land Code Act, foreigners are generally prohibited from owning land, making outright ownership of land and landed houses unavailable; however, foreigners may own a condominium unit under the Condominium Act (subject to statutory conditions). In practice, foreign interests in Thai real estate are structured through registered leasehold interests, mortgages, house ownership separate from land, ownership via a Thai spouse (subject to strict restrictions), and registered real rights such as usufruct, superficies, habitation, Sap-Ing-Sith, and servitude. Corporate ownership is permitted only where a genuinely Thai-controlled company complies with the law, nominee or sham shareholding structures are prohibited, with due regard to land title deeds, transfer procedures, and applicable fees and taxes.

Related articles and entries

• Property Real Estate Law Thailand
• Property Condominium Laws Thailand