Guide · Buying
Buying property in Thailand as a foreigner
The headline first: yes, foreigners can legally own property in Thailand – but not every form of it. Know the rules and you buy safely; ignore them and you risk your money. Here are the routes that work in practice, and the structures we advise against.
Route 1: The condominium – fully in your name
Thailand's Condominium Act allows foreigners to own units in registered condominium buildings as full freehold. The unit is registered in your name at the Land Office – as solid as a land-registry entry at home.
- Foreign quota: at most 49 % of a building's floor area may be foreign-owned. Before buying, the building's juristic office confirms in writing that quota is still available.
- Money from abroad: the purchase price must demonstrably arrive in Thailand as foreign currency, with the payment purpose "purchase of a condominium". The receiving bank issues a foreign-exchange confirmation – without it, the Land Office will not register foreign ownership.
Route 2: House and land – leasehold instead of freehold
Foreigners generally cannot own land in Thailand. For a house with a garden, the standard structure is a registered 30-year lease:
- The lease is registered on the Chanote at the Land Office and binds any new owner of the land.
- Renewal options (30+30) are common, but legally only the first registered period is safely enforceable. Price that in.
- The building itself can be owned separately from the land (via the building permit or a transfer deed) – a sensible addition to a leasehold.
Alternatives such as usufruct or superficies exist too; which one fits depends on the case and belongs in a lawyer's hands.
Stay away: the "Thai company owning the land"
Foreigners are regularly advised to set up a Thai company that holds the land, with Thai nominee shareholders. To be clear: nominee structures are illegal. Companies that exist only to hold land can be dissolved and forced to sell. A genuine, actively trading business is a different story – but that is a business topic, not a property one.
Chanote: not every land document is equal
Thailand has several grades of land title. Buy (or lease) only with a Chanote (Nor Sor 4 Jor) – the full, surveyed title – or in exceptions Nor Sor 3 Gor. Anything below is effectively off-limits for foreigners. Due diligence checks the title at the Land Office: owner, encumbrances, rights of way, mortgages.
Transaction costs
| Item | Amount (orientation) | Note |
|---|---|---|
| Transfer fee | 2 % of appraised value | often split between buyer and seller |
| Specific Business Tax | 3.3 % | if the seller owned for less than 5 years |
| Stamp duty | 0.5 % | waived when Specific Business Tax applies |
| Seller's withholding tax | progressive | economically usually the seller's burden |
| Lawyer / due diligence | approx. 30,000–60,000 THB | the best money spent in the whole purchase |
Who pays which cost is negotiable in Thailand – fix it in the sale contract, not with a handshake.
Buying off-plan from a developer
New projects tempt with instalment plans during construction. Before reserving, check: the developer's track record (visit completed projects!), the environmental approval (EIA), a payment schedule close to construction progress, and the clauses for delays. Escrow accounts are not mandatory in Thailand – which makes the look at the developer itself all the more important.
Step by step
- Clarify the ownership structure (freehold condo? house on leasehold?) – before the search.
- Choose the property and instruct an independent lawyer (not the seller's).
- Due diligence: title, quota, encumbrances, developer.
- Transfer the price correctly from abroad (payment purpose!).
- Registration at the Land Office, handover with protocol.
We accompany every one of these steps – from the search to the handover. How buying with us works, or write to us directly.