Land Ownership in Thailand
foreign ownership restrictions

Foreigners are generally prohibited from owning freehold land in Thailand. The restrictions are not absolute, however. Under section 86 of the Land Code Act, foreign ownership may exist pursuant to a treaty (although no such treaty currently exists), and since 1999 qualifying foreign investors may acquire up to one rai of residential land under section 96 bis of the Land Code Act, subject to strict statutory requirements and ministerial approval. In practice, relatively few foreigners qualify under this exception. Foreigners who unlawfully acquire land, either directly or through a Thai nominee, may be required to dispose of the land and may be subject to criminal penalties under the Land Code Act, including section 111.

Although the Department of Lands notice reproduced below has been in place for many years, it remains relevant today. In 2026, the Thai authorities announced renewed enforcement measures against unlawful foreign land ownership and nominee arrangements under the Land Code Act. While enforcement priorities may change over time, the underlying legal restrictions have remained largely unchanged for decades. Similar initiatives have been announced before, including proposals made in 2006. For historical background, see also 2006 proposals concerning foreign property ownership in Thailand.

Laws and regulations governing foreign land ownership in Thailand

Section 96 bis of the Land Code Act

Section 96 bis was added by the Land Code Amendment Act (No. 8) B.E. 2542 (1999).

Section 96 bis The provisions prescribing the acquisition of land by foreigners by virtue of the provisions of a treaty under the first paragraph of Section 86 shall not apply to foreigners who bring in capital for investment of more than forty million Baht, as prescribed in the Ministerial Regulations. The acquisition of land for residential purposes shall not exceed one rai and must be approved by the Minister.

The acquisition of land by foreigners under paragraph one shall be in accordance with the rules, procedures and conditions prescribed in the Ministerial Regulations.

The Ministerial Regulations shall include the following essential matters:

1. The types of businesses or activities in which the foreigner may invest that provide economic and social benefits to the country, or that have been declared by the Board of Investment to be eligible for investment promotion under the applicable law.
2. The period during which the investment must be maintained, which shall not be less than three years.
3. The land that may be acquired must be situated within Bangkok Metropolitan Administration, Pattaya City, a municipality, or an area designated for residential purposes under the law governing town planning.

Section 96 ter Any foreigner permitted to acquire land under Section 96 bis who fails to comply with the rules or conditions prescribed in the Ministerial Regulations under paragraph two of Section 96 bis shall dispose of the land within the period prescribed by the Director-General. This period shall be not less than one hundred and eighty days and not more than one year. If the prescribed period expires without disposal, the Director-General shall have the power to dispose of the land.

If land acquired by a foreigner under Section 96 bis is not used for residential purposes within two years from the date of registration of the acquisition, the Minister shall have the power to order the disposal of the land.

Practical application of Section 96 bis

Section 96 bis creates a limited exception to the general prohibition on foreign land ownership. A qualifying foreigner may apply to acquire no more than one rai of land for use as a personal residence after bringing at least THB 40 million into Thailand for an approved investment. The acquisition remains subject to the applicable Ministerial Regulations, the prescribed location and investment conditions, and approval by the Minister of Interior.

Because of the substantial investment requirement, the restricted residential purpose, the location requirements and the need for ministerial approval, this exception has limited practical application and relatively few foreign purchasers qualify.

Land Code provisions governing foreign ownership

The Land Code Act generally prohibits foreign ownership of land in Thailand. The following provisions are particularly relevant to unlawful foreign acquisitions, compulsory disposal of land and the use of Thai nationals or juristic persons as nominees for foreign land ownership:

Land Code Act

Section 86: "Aliens may only acquire land by virtue of the provisions of a treaty giving the right to own immovable property and subject to the provisions of this Code."

Section 94: "All land unlawfully acquired by an alien or acquired without permission shall be disposed of by the alien within the period prescribed by the Director-General, which shall not be less than one hundred and eighty days nor more than one year. If the land is not disposed of within the prescribed period, the Director-General shall have the authority to dispose of it. The provisions relating to the forced sale of land under Chapter 3 shall apply mutatis mutandis."

Section 96: "Where it appears that any person (including a juristic person) has acquired land as the owner on behalf of an alien or a juristic person under Sections 97 or 98, the Director-General shall have the authority to dispose of such land, and the provisions of Section 94 shall apply mutatis mutandis."

Section 113: "Any person who acquires land as an agent of an alien or juristic person under Sections 97 or 98 shall be liable to a fine not exceeding twenty thousand Baht, imprisonment for a term not exceeding two years, or both."

To prevent violations of the Land Code through the use of Thai nominees, the Department of Lands issued the following enforcement notice to provincial land offices.

Enforcement and punishment measures in land holding as an agent for a foreigner

Originally published by the Thailand Department of Lands.

If it appears that land is being held on behalf of a foreigner, the following enforcement measures and criminal penalties shall apply.

1. Measures requiring disposal of the land

Under Sections 94 and 96 of the Land Code, where land has been acquired by a Thai nominee on behalf of a foreigner or foreign juristic person, or where a foreigner has unlawfully acquired land, the Director-General may order the owner to dispose of the land within a period of not less than one hundred and eighty days and not more than one year. If the owner fails to comply, the Director-General has the authority to dispose of the land.

2. Criminal penalties

Applying to register land on behalf of a foreigner may constitute several criminal offences, including:

• Criminal Code Section 267 – Making a false statement to a competent official causing incorrect information to be recorded in an official document. The offence is punishable by imprisonment of up to three years, a fine of up to 6,000 Baht, or both.
• Land Code Act Sections 111–113 – A foreigner who unlawfully acquires land, or a Thai national or juristic person acting as a nominee for a foreigner, may be punished with a fine of up to 20,000 Baht, imprisonment for up to two years, or both.

Source: Thailand Department of Lands