Buying and Owning a House in Thailand
Foreign ownership of land in Thailand is generally restricted, but ownership of the land and the building standing on it can be separated. A foreign purchaser may therefore lease the land under a registered long-term lease and separately acquire ownership of the existing house or other structure. Properly structuring the building ownership can give the foreign purchaser a substantially stronger position than simply leasing both the land and the house.
Instead of a single land-and-house lease, a purchase may be structured so that the land remains Thai-owned and is leased to the foreign purchaser, while the house is separately sold and transferred to that same purchaser.
Land Ownership and Building Ownership Are Separate
A land title deed records rights in the land. An ordinary house or other building does not have a separate ownership title deed comparable to a land Chanote or condominium unit title. The Tabien Baan (house book) is also not, by itself, proof of legal ownership of the building.
Separate ownership of a building may instead be evidenced by the history and documents through which the building was acquired. Depending on the circumstances, relevant evidence may include a building permit, construction documents, a previous Land Office building sale agreement, and the registered transfer documents relating specifically to the structure.
The foreign owner's rights in the house must nevertheless be combined with a legal right to use the land underneath it. This will commonly be a registered land lease and, where appropriate, may additionally include a registered right of superficies.
A Stronger Structure for a Foreign Home Purchaser
Land & House Lease
Land: leased
House: leased
The foreign purchaser owns neither asset and relies on the lease for both.
Land Lease + House Ownership
Land: leased
House: separately owned
The purchaser is tenant of the land but owner of the building.
For an existing house, the second structure can be preferable because the purchaser acquires a separate proprietary interest in the building rather than merely a contractual right to occupy a house owned by the lessor. It does not, however, extend the purchaser's right to use the land beyond the duration and terms of the registered land right.
How the Transaction Can Be Structured
Thai ownership of the land
The land remains in, or is transferred into, lawful Thai ownership. The Thai owner then grants the foreign purchaser a registered land lease.
Register the land lease – Tor Dor 36
The long-term lease is registered at the Land Office. If the existing building is to be separately owned by the foreign purchaser, the lease documentation should clearly distinguish the land from the building.
In an actual transaction, the official Tor Dor 36 expressly stated that the lease excluded the structures existing upon the land.
Public announcement of the building sale
The proposed separate transfer of the building is submitted to the Land Office. A public announcement is issued so that anyone claiming ownership or another competing right can object.
Building-sale announcements issued through the Department of Lands commonly provide a 30-day objection period.
Transfer the house – Tor Dor 5
After completion of the required procedure, the seller and purchaser execute the official Land Office Building Sale Agreement. The house is then transferred separately from the land.
Example: Registered Land Lease Excluding the House
The Tor Dor 36 below illustrates the first part of the structure. The land is leased for 30 years, while the existing structures are expressly excluded so that the house can be dealt with separately.
Example: Thai Land Office Lease Form (Tor Dor 36)
The example below illustrates the main structure of a Thai Land Department Tor Dor 36 (ท.ด.36) land lease agreement. This official document records the principal terms of the registered lease and may refer to a separate private lease agreement containing additional provisions.
Tor Dor 36 (ท.ด.36)
30 YEARS LAND LEASE AGREEMENT
This Agreement is made at the Provincial Land Office on 16 February 20XX.
Lessor: Ms. Jane Doe, Thai national, of legal age, identification number [redacted].
Lessee: Mr. John Doe, foreign national, of legal age, passport number [redacted].
Both parties hereby agree as follows:
Clause 1. The Lessor hereby leases the above land plot as a whole to the Lessee for the purpose of residence for a period of 30 years, commencing from the date of registration.
Clause 2. The Lessee agrees to pay rent for this lease to the Lessor in the total amount of THB 1,700,000.
Clause 3. This lease excludes the structures existing upon the land.
Clause 4. The rent has already been paid as agreed.
Clause 5. All other provisions shall be subject to the attached land lease agreement executed between the parties.
Three identical counterparts of this agreement have been drawn up, one copy for the Lessor, one copy for the Lessee and one copy for the Land Office.
Both parties acknowledge that they understand the terms and provisions of this Agreement and have executed it before the Land Registrar.
Land Registrar
Illustrative example only. Based on the structure of a Land Department Form No. 36 (Tor Dor 36). Names, identification details and property information have been replaced with fictitious information.
How to Transfer Ownership of an Existing House
A private sale agreement for an existing house is not, by itself, the registered transfer of the building. The sale of immovable property must be completed in writing and registered before the competent official. The Land Office therefore treats the building transfer as a separate registration transaction.
The precise supporting documents depend on the history of the building and the transaction, but typically relevant documents include:
- identification documents of seller and buyer;
- evidence showing how the seller acquired ownership of the building;
- the building permit or other construction documentation where relevant;
- the house registration book where applicable;
- previous Land Office building-transfer documents, if the building has been sold before; and
- a Land Office power of attorney if a party is represented.
The 30-Day Public Announcement
Where required for the separate building transfer, the Land Office publishes an announcement identifying the structure, the applicant and the proposed transaction. The purpose is to allow anyone claiming a competing ownership interest or other objection to come forward before the registration is completed.
Current Department of Lands building-sale announcements continue to provide a 30-day period from the announcement date. The Department now also operates its E-LandsAnnouncement system for official Land Office notices.
Completion of the Building Transfer
Once the announcement procedure has been completed and no issue prevents registration, the seller and purchaser return to the Land Office to complete the building transfer. The official Building Sale Agreement is separate from any detailed private sale and purchase agreement between the parties.
Example: Tor Dor 5 Building Sale Agreement
The following anonymized example illustrates the second part of the transaction: the house is sold to the foreign land lessee under a separate Land Office building sale agreement.
Example: Land Office Building Sale Agreement (Tor Dor 5)
The example below illustrates the Land Department Building Sale Agreement, L.D. Form No. 5 (Tor Dor 5 / ท.ด.5). It is used here to show how an existing house can be transferred separately from the land to the foreign land lessee.
Tor Dor 5 / ท.ด.5
BUILDING SALE AGREEMENT
Sub-district: Example Sub-district
District: Example District
Province: Phuket
Moo: —
Book: —
Page: —
Master File No.: —
This Agreement is made on 23 March 2025
at the Provincial Land Office.
Ms. Jane Doe
Age: 40 years
Nationality: Thai
Identification No.: [redacted]
Address: [redacted]
Mr. John Doe
Age: 41 years
Nationality: Foreign national
Passport No.: [redacted]
Address: Phuket, Thailand
Both parties hereby agree to execute this Agreement in terms as follows:
Clause 1. The Seller agrees to sell the residential house described above to the Buyer for the purchase price of THB 1,500,000 (One Million Five Hundred Thousand Baht).
Clause 2. The Buyer agrees to purchase the above-described building from the Seller. The purchase price has been paid as agreed between the parties.
Clause 3. The property transferred is a one-storey residential building, House No. 12/34, with an approximate floor area of 100 sq.m.
Clause 4. The Seller acquired ownership of the house by purchase.
Clause 5. There are no outstanding local tax liabilities recorded in respect of the house.
Clause 6. The full purchase price has already been paid.
Two identical counterparts of this Agreement have been drawn up, one copy to be retained by the Land Office and one copy for the Buyer.
Both parties acknowledge that they understand the terms and provisions of this Agreement and have executed it in the presence of witnesses before the Land Registrar.
Land Registrar
Land Registrar seal for validity
This building transfer is separate from the land transaction. The foreign purchaser does not acquire the underlying land. Instead, the purchaser acquires ownership of the house while holding a separate registered lease over the land on which the house stands.
Illustrative example only. This simplified and anonymized example is based on the structure of an actual Land Office Building Sale Agreement. Names, identification numbers, title information and dates have been replaced or simplified.
Why a Private House Sale Agreement Is Not Enough
A developer or seller may sign a detailed private agreement stating that the foreign purchaser is buying the house. That agreement can regulate the commercial relationship between the parties, but it should not be confused with completion of the Land Office transfer procedure for an existing building.
Where the intention is for the purchaser to own the house separately from the land, the transaction documents should consistently reflect that structure: the land lease should not treat the house as part of the leased property, and the building should be separately transferred through the appropriate Land Office procedure.
Building a New House on Leased Land
A different situation arises where the foreign land lessee will construct a new house rather than purchase an existing one. In that case a construction agreement can be used in addition to the land lease, and the building permit and construction documentation should be arranged consistently with the intended ownership of the new building.
Where appropriate, a registered right of superficies may provide additional legal support for the right to own a building situated on land belonging to another person. The lease, building documentation and any superficies should therefore be coordinated rather than drafted as unrelated transactions.
Transfer Fees and Taxes on a Separate House Transfer
The separate transfer of an existing house or other structure is treated as an immovable-property transaction at the Land Office. Registration fees and applicable taxes are assessed when the building transfer is completed and are separate from the fees payable for registration of the underlying land lease.
The amount payable depends on the circumstances of the transaction, including the official appraised value of the building, the agreed sale price, the seller's status and ownership history, and the taxes applicable at the time of transfer. Depending on the case, these may include the transfer registration fee, withholding tax, specific business tax or stamp duty.
For this reason, figures from an earlier building transfer should not be used as a general estimate for a new transaction. Current fees and taxes should be checked with the Land Office before completion. See also our overview of property transfer fees and taxes in Thailand.
Land Lease + Building Ownership in Practice
For a foreign purchaser, the important distinction is that a house does not necessarily have to be included in the land lease. Where the existing building can be separately transferred, the transaction may be structured so that the purchaser becomes:
- registered lessee of the land under the long-term land lease; and
- owner of the house through a separate registered building transfer.
This is different from a conventional land-and-house lease, under which the foreign purchaser merely leases both assets. Separate house ownership gives the purchaser an ownership interest in the building itself, although the right to keep and use that building on the land remains dependent on the underlying lease or other registered land right.
Foreign land ownership restrictions do not necessarily prevent a foreigner from owning the house. For an existing home, a registered land lease combined with a separate transfer of the building can therefore be an important alternative to leasing both the land and the house.
Related Information
- Foreign land ownership restrictions in Thailand
- Foreign ownership of condominium units
- Land and Building Tax
- Property lease agreements in Thailand
- Tor Dor 36 – Land Office Land Lease Agreement
- Right of Superficies in Thailand