Thailand Property Law Overview

Can foreigners buy property in Thailand?

Thai law restricts foreign land ownership, but foreigners can legally own condominiums, lease property long-term, or hold rights such as usufruct or superficies. This page explains how property ownership works in Thailand, what foreigners can legally buy, and which legal structures are commonly used.

Primary Sources of Thai Property Law for Foreigners

Civil Code Book III – Specific Contracts
(Includes laws on leases and mortgages)
Civil Code Book IV – Property
(Covers ownership, possession, usufruct, superficies)
The Thailand Land Code Act
The Thailand Condominium Act

Buying real estate in Thailand (as a foreigner)

Foreigners are under the Land Code Act prohibited from owning land in Thailand therefore making it impossible for foreigners to obtain outright ownership over land and house in Thailand. Foreigners are allowed to own a unit in a condominium building under the Condominium Act.

Thailand Real Estate Laws Overview

Thai land and law logo

Last updated: 18 February 2026 — expanded with additional guidance on building a house in Thailand.

Foreign land ownership in Thailand

Land ownership in Thailand is governed by the Land Code Act and under Thai land laws only Thai nationals are allowed to own land or have a confirmed right of possession of land. Foreigners may not own land unless there is a treaty or exemption allowing the foreigner to own land in Thailand (section 86). Thailand has currently no treaty with any country allowing a foreigner to acquire land in Thailand. Any foreigner who violates foreign land ownership restrictions could be fined and/or sent to jail for a term of up to 2 years (Land Code act section 111). Only a foreigner who qualifies under section 96 bis of the Land Code Act may own up to 1600 square meters (or 1 rai) of land for residential purposes in specified areas. Foreign land ownership under section 96 bis among other requires an investment of not less than 40 million Baht in by the BOI approved Thai bonds and assets which must be beneficial to Thai economy and requires approval by the Minister of Interior. If granted foreign land ownership under this exemption is limited to the life of the person granted the right to own the land (not transferable, not inheritable). Permission for foreign land ownership under section 96 bis Land Code Act is rarely applied for or granted.

Foreign corporations operating a business in Thailand may for the duration of their business in Thailand obtain special privileges and exemptions for land ownership through the Board of Investment under section 27 of the Investment Promotion Act and under section 44 of the Industrial Estate Authority of Thailand Act or section 65 of the Petroleum Act. This exemption requires large investments and is limited to the duration of their business.

Inheritance of land (by foreigners)

According to section 93 of the Land Code Act a foreigner who acquires land as statutory heir can have an ownership in such land upon a permission of the Minister of Interior. Note that section 93 Land Code Act only refers to foreign land ownership under a treaty and not for example to foreigners inheriting land from their Thai spouse. A foreign spouse of a Thai national can inherit land but cannot register ownership of land and has to sell the land within one year from the date of acquisition.

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Foreign condo apartment ownership in Thailand

Foreigners and foreign juristic persons may own an apartment unit in a building registered and licensed under the Thailand Condominium Act. Section 19 of this act governs foreign ownership of condos, which among others puts a limit on foreign ownership in a condo building and not more than 49% of all units in a condo project can be foreign owned. When the aggregate floor space of all units combined is 6000 square meters 2940 square meters can be foreign owned, or in case of 100 equal apartment units in one condo building up to 49 of the units can be foreign-owned, 51 or more must be Thai owned. In addition foreigners must qualify for ownership under section 19 which usually means that the foreigner must have brought into Thailand foreign currency at least equal to the total purchase of the condo and having exchanged this amount into Thai baht. The recipient bank inside Thailand will supply documents of the remittance and exchange of foreign currency and such proof must be submitted to the Land Department in order to register foreign ownership. It should be noted that foreign ownership is an individual personal right of the foreigner who qualified under section 19 and therefore foreign ownership of the unit is not transferable to another foreigner unless this foreigner (including foreign heirs) also individual qualifies for ownership under section 19 of the Condominium Act.

In case foreign freehold units in a condominium project are no longer available the remaining units may be leased to foreigners. Normal hire of property laws apply to the lease of a condo by foreigners. There is no separate law issued regulating the lease or rent of condominium units by foreigners as opposed to buying a condominium.

Foreign ownership only exists in a condominium registered and licensed under the Thailand Condominium Act. Common in the tourist areas of Thailand are apartment buildings not registered and licensed as a condominium. These apartment buildings are basically like any other building and the owner can rent out parts of his building under his own terms and conditions. Unregistered apartment buildings could for example be sold as a kind of time sharing in which the units are sold through leases to many different parties each having a specified block of time during which they may use the apartment.

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Lease and tenancy by foreigners

When it comes to rent or lease of immovable property in Thailand foreigners have the same rights as Thai nationals. Lease of immovable property (land, house, condominium) for residential purpose is governed by Civil and Commercial Code (sections 537 to 571) and further in judgments specified by the Thailand Supreme Court. Foreigners are under Thai law allowed to lease real estate property for terms of up to 30 years. Whether it concerns a lease of an apartment or land and/ or house for residential purposes by foreigners there is no requirement of bringing foreign currency into Thailand, as opposed to buying a condo unit freehold or leasing commercial property under the 'Hire of Immovable Property for Commerce and Industry by Aliens Act'.

Legally, a long-term lease or leasehold agreement under Thai law is often described as a contractual right rather than full ownership of property. Under the Civil and Commercial Code, a lease is classified as a “specific contract”, meaning it is primarily a personal right between the parties. However, when a lease of immovable property is registered with the Land Department, it acquires certain characteristics of a real right, in particular enforceability against third parties for the duration of the registered term. In practice, a long-term lease is commonly structured as a prepaid tenancy arrangement, and can provide a relatively secure right of use for the agreed period. At the same time, it remains distinct from ownership or other real property rights. For example, a lease cannot be mortgaged, and its continuation depends on the terms of the agreement and applicable law. Rights such as subletting, assignment, or transfer of the remaining lease term are generally possible only if expressly agreed between the parties and, where applicable, require registration with the Land Department.

Unlike ownership, a lease does not automatically transfer or continue in all circumstances, and its enforceability may depend on proper registration and the specific contractual provisions agreed between the parties. For this reason, careful drafting of the lease agreement is important, particularly in long-term arrangements involving foreign lessees. In addition to lease structures, Thai law provides for other registered rights relating to land use, such as superficies (สิทธิเหนือพื้นดิน), which allows separate ownership of buildings on another person’s land. These rights differ in nature and legal effect from a lease and may be considered in certain situations depending on the intended use and structure.

Short-Term Rentals (Airbnb and Similar Platforms)

Short-term rentals, such as Airbnb in Thailand or daily and weekly rentals, are subject to additional legal restrictions in Thailand. Under the Hotel Act B.E. 2547 (2004), renting out property on a short-term basis may be considered operating a hotel business. In general, rentals of less than 30 days may require a hotel license, and operating without such a license may be unlawful. There are limited exemptions, but these depend on the type, size, use, and licensing status of the accommodation. Separate from hotel licensing, residential leasing businesses may also be subject to consumer-protection rules. Under Thailand’s controlled-contract regulations for residential leases, landlords who lease multiple residential units as a business may be required to use compliant lease terms and avoid prohibited clauses. The threshold and details have changed over time, so current rules should be checked before operating multiple rental units.

For condominium units, short-term rentals are often restricted by the building’s regulations and juristic person rules, and may be contractually prohibited even if enforcement varies in practice. Foreigners leasing property should therefore be aware that long-term residential leasing is generally permitted, whereas short-term rentals may be restricted or require licensing. Enforcement can vary, but legal risks remain.

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Foreign house ownership separate from the land

Ownership of a house in Thailand can be transferred separate from the land it stands on. Land and house could have different owners and in a long term lease construction it strongly advised to follow the correct procedure to obtain legal ownership of the house. Transfer of a structure separate from the land must be in writing and registered with the competent authority (i.e. the Land Department's branch or provincial office). The right to own a building upon another man's land always relates to the term an right to use and possess the land (i.e the term of the land lease and/ or the right of superficies term).

Thai house book

A Ta.Bian.Baan or Tabien Baan is the document which gives the address of a house or apartment unit and states the persons who have legal domicile at the address. A house book is issued by the local municipality and is merely a registration document. As opposed to Thai nationals a house book is generally not considered an important document for foreigners.

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Land ownership by a Thai married to a foreigner

Foreigners married to a Thai national can't own land themselves but the Land Department will allow transfer of ownership of the land to the Thai national who is married to a foreigner after a joint statement 'letter of confirmation' by the couple stating that the money expended on the land is personal property of the Thai spouse. This procedural requirement is based on a regulation issued by the Ministry of Interior (March 1999), which is based on the principle of section 1472 of the Civil and Commercial Code that if personal property has been exchanged for other property during the marriage (in this case land) that property becomes and remains a personal property of that person, and not a joint marital property between husband and wife. This way the foreign spouse does not obtain ownership rights in the land based on Thai family laws, ‘property between husband and wife’. That is, as a personal property of the Thai spouse, the Thai spouse has sole management of the property (she can sell, encumber the property), and as a non-marital property the real property is not (automatically) subject to an equitably division between husband and wife upon termination of marriage.

In Supreme Court Decision No. 1523/2565 (2022), the court confirmed that even if a house is registered in the Thai spouse’s name, and the Land Office issues a letter stating it’s the Thai spouse’s personal property, this administrative assurance cannot override section 1474 of the Civil and Commercial Code. That section presumes any asset acquired during marriage is marital property (Sin Somros), unless there is a lawful exclusion. Therefore the foreign spouse may still claim reimbursement for contributions from his personal funds.

Thailand right of usufruct

Usufruct is the right to use or occupy another person's real property for one's life or up to 30 years under sections 1417 1428 of the Civil and Commercial Code. The right of usufruct is not complete unless registered with the Thailand land department. Established and recorded in the official land registry of the local land office for a fixed term or for the life of the usufructuary, the usufruct exists as long as the usufructuary is alive. After his or her death the real estate property reverts back to the owner. A usufruct is often given to a family member such as a foreign spouse with the intention that a foreign spouse is protected in the event of death of the Thai spouse (registered owner). The usufruct gives the right to the foreign spouse to remain in the property upon the death of his or her Thai spouse.

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Thailand right of superficies

Right of superficies (sections 1410 to 1416 Civil and Commercial Code) in Thailand is a civil law real estate right. In France it is called 'droit de superficie', in Germany it is called 'Erbbaurecht' and in the Netherlands it is called 'recht van opstal'. The effect of the right of superficies in these countries is the same; it grants the superficiarius (meaning the person granted the right of superficies) the right to build and own buildings, structures or plantations upon land belonging to another person. The superficies agreement specifies the terms under which the right is granted, and by registration at the Land Department's provincial or local branch office it legally separates ownership of the land and everything on land. The right of superficies in Thailand is limited to a period of time of up to 30 years or for the life of the owner of the land or the life of the superficiarius. The person in the agreement granted the right of superficies obtains ownership over the building without obtaining or having ownership rights in the land. A superficies in Thailand will be allowed before construction or during the construction of a building, generally not for an existing building unless the building officially transferred and transfer taxes and fees have been paid.

Thailand right of habitation

The right of habitation under the civil and commercial law of Thailand (sections 1402 to 1409) refers to the right of a person to live in the house of another gratuitously. The right of habitation differs from a usufruct contract that the person granted a usufruct is allowed to transfer the exercise of his rights to a third person (not the actual usufruct), where the right of habitation grants only the use of a property for the residence of the grantee himself and family. A habitation contract refers to the right of dwelling in a house.

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Thailand right of servitude

Servitude is s a non-possessory interest in land. Servitude is governed by the Civil and Commercial code sections 1387 to 1401. Servitude can involve several kinds of benefits and burdens, but usually it involves the use of neighboring well, the use of an access road over adjoining land plots, laying irrigation ditches, laying pipelines or utilities over neighboring plots, but it can also restricts building on a plot of land. A registered right of servitude is an important right in case a plot of land is surrounded by other plots without direct access to a public road. In this case a right of servitude registered over adjoining plots guarantees uninterrupted access to dominant property.

Sap-Ing-Sith (ทรัพย์อิงสิทธิ), as a real property right

Introduced in 2019 under the Sap-Ing-Sith Act B.E. 2562, Sap-Ing-Sith is a registered right to use immovable property with a full title deed (land or condominium units) for up to 30 years, and may be held by foreigners. Although sometimes promoted as an upgraded alternative to leases or usufructs, Sap-Ing-Sith is fundamentally a contractual right that only becomes enforceable against third parties upon registration at the Land Office, similar to long-term leases under the Civil and Commercial Code.

Under Section 11 of the Act, any buildings or improvements made by the Sap-Ing-Sith holder generally pass to the landowner when the right expires, unless otherwise agreed. The Act gives no automatic right to compensation. In practice, any right to reimbursement or removal only has “real right” effect if it is expressly agreed and recorded at registration/annotated on the title deed, otherwise it is typically just a personal contractual promise by the owner, enforceable against that owner, but not binding the land (or a successor owner) in the same way.

The Act does not provide a right of renewal. As confirmed by Land Department guidelines, once the 30-year term expires a new Sap-Ing-Sith must be negotiated, executed, and registered, leaving the holder fully dependent on the landowner’s consent.

Sap-Ing-Sith can be useful in specific circumstances, but it is not a universal solution. Depending on the case, alternatives such as a long-term lease, a lease combined with a registered right of superficies, or a usufruct may offer greater protection or flexibility.

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Land-Holding Companies & Foreign Ownership in Thailand

For decades, many foreigners used Thai limited companies (with nominal Thai majority) to hold land. Since about 2008, scrutiny and enforcement against nominee shareholder structures have steadily increased, driven by digital data-matching, inter-agency cooperation, and combined Anti-Money Laundering and tax-compliance checks. Authorities now cross-reference company registries, tax records, and Land Office filings. The main enforcement focus has been larger, commercial, or portfolio-style holdings. There has not been a blanket clampdown on small, single-property companies, but they can still be reviewed, especially upon transfers, disputes, or unusual funding patterns.

Notice for expats:

No safe workaround: Using a company purely to circumvent foreign land restrictions remains risky. The issue is beneficial ownership and control, not just formal share percentages.
Don’t try to “convert” nominees into real Thai share owners as a quick fix: Re-engineering shareholding now can create a new and worse problem: loss of control or claims over the asset. It does not cure the underlying nominee risk and may expose you to further disputes.
Compliance is essential: If a company already holds the property, keep rigorous compliance: accurate bookkeeping, proper capitalization and funding trails, annual accounts and audits, timely tax filings, and documented shareholder/board meetings (even if only “paper” meetings).
Context matters: The practice was broadly tolerated for over 20 years, but monitoring has tightened. Expect continued, incremental enforcement rather than a sudden blanket crackdown, yet be prepared for checks.
No definitive solution today: There is currently no official mechanism that “legalizes” nominee structures. Many owners hope for a government policy solution; until then, focus on compliance and understand the risks.

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Thailand land titles and deeds

The most important part of a real estate investment or buying a house in Thailand is the ownership title deed. Does the land have a suitable and legally issued land title deed. The land title deed is the official document administrated by the Land Department which states and proves a person's legal right to own or possess a piece of land, its survey status, as well as rights, obligations, or mortgages on the property as well as the right to dispose or encumber the land. The highest land title deed offering full private ownership in Thailand is the 'chanote', a freehold land title, also referred to a nor sor 4 (jor).

Transfer fees and taxes

In a sale and purchase agreement of a new condominium unit or a land and house in an official government licensed housing development the law specifies that the developer may ONLY pass on up to half of the transfer fee to the buyer, all other tax and fees are by law the responsibility of the developer. In other situations (private sale, or private apartment or housing development) the parties are free to divide the transfer fees and taxes and it could vary from purchaser pays all to seller pays all depending on the agreement between the parties. The following conveyancing taxes and transfer fees are involved with transfer of real estate in Thailand:

Property Transfer Fees and Taxes in Thailand (2025)

Updated overview of taxes and fees when transferring property ownership in Thailand:

Fee / Tax	Rate	Applies to
Transfer Fee	2%	Buyer pays on all property transfers
Specific Business Tax (SBT)	3.3%	Seller, if sold within 5 years or owned by company
Stamp Duty	0.5%	Seller, only if SBT does not apply
Withholding Tax (Company)	1%	Seller is a company
Withholding Tax (Individual)	Progressive	Seller is a private individual

Notes:

Only one of Specific Business Tax or Stamp Duty is charged — not both.
Withholding tax is retained by the Land Office at time of transfer.
For leasehold: 1% registration + 0.1% stamp duty on total lease value.

All fees are due at the Land Office on the day of registration.

The above tax rates are the general tax rates that apply on the transfer of ownership of land, land and house, condominium or the transfer of a house separate from the land. The above taxes and fees are charged at the time of transfer of the property. For more specific information visit the page 'real property conveyancing and tax'.

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Mortgage Financing for Foreign Buyers in Thailand

In Thailand, mortgages are governed by the Civil and Commercial Code and are used to secure bank or lender loans against immovable property. For foreigners, mortgage financing is generally limited because Thai law restricts foreign ownership of land, and most Thai banks will only mortgage property that the borrower legally owns in freehold. The most accessible mortgage option for a foreign buyer is for a condominium unit, which foreigners may own outright under the Condominium Act and can be used as collateral. Some Thai and regional lenders offer condo mortgage products for non-Thai buyers, but terms can be more restrictive than for Thai nationals.

Eligibility and terms vary by institution, but foreign mortgage programs often impose lower loan-to-value ratios, proof of income, and documentation requirements; in some cases, loans may be available through international branches or specialist programs.

Building a House in Thailand

Constructing a residence in Thailand is regulated separately from land rights and is subject to zoning and planning controls administered locally and by the Department of Public Works and Town & Country Planning (DPT). As a practical first step, zoning for the specific plot can be checked in the DPT land-use plan system, as it affects permissible use, height and setback requirements. A building permit (ใบอนุญาตก่อสร้าง) is generally required under the Building Control Act and local ordinances and must be filed with the competent local authority for the area, typically the municipality/เทศบาล where the plot lies, or, in non-municipal (tambon) areas, the Tambon Administrative Organization (Or.Bor.Tor / อบต); in Bangkok, applications are handled by the Bangkok Metropolitan Administration (BMA) Public Works authority. Permit applications typically require architect and engineer sign-off: architectural drawings endorsed by a licensed architect and structural design (and, where required, supervision) under a licensed engineer pursuant to the Engineer Act and professional rules.

At the private law level, the employer–contractor relationship is governed by the construction contract and the Thai Civil and Commercial Code provisions on hire of work, including liability for defective work after delivery. Where a project falls within regulated residential construction business rules, mandatory contract terms under Thai consumer protection law may also apply.

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The information in this page is meant as a general introduction to Thailand property laws and is not intended to be comprehensive nor to provide legal advice. Article based on 'overview property law' by samuiforsale.

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Other areas of law:

About the author: Robert M. Spelde, LL.M. is a Dutch legal consultant focused on Thai real estate, inheritance, and contract law for foreigners in Thailand. More