
Buying property in Thailand can feel like stepping into a legal maze—especially for foreigners. You fall in love with a beachfront villa or a quiet mountain home, only to discover that Thai law doesn’t allow you to own the land outright. Frustrating? Absolutely. But not hopeless.
While direct land ownership is off the table for most non-Thais, there are several legal ways to secure long-term rights to property—from freehold condominiums and leasehold agreements to more complex options like usufructs, superficies, and Thai company structures.
In this guide, I’ll break down each option clearly, explain what’s legal (and what’s not), and help you avoid the most common mistakes that trip up first-time buyers. Whether you’re a retiree, digital nomad, or long-term expat, understanding these structures is the first step to buying property in Thailand the right way.
Can Foreigners Own Land in Thailand?
Let’s get straight to the point: foreigners cannot directly own land in Thailand. Thai law is very clear on this, and there are no loopholes that allow an individual foreigner to hold land title in their own name.
This restriction is rooted in Thailand’s desire to protect national land ownership—a principle that’s been part of Thai law for decades. While that might sound frustrating if you’re ready to invest, it’s important to understand that it doesn’t mean owning property is off the table altogether. It just means the ownership structure needs to be handled differently.
There are legal and widely used alternatives that give foreigners long-term control over property—such as:
- Buying a condominium freehold unit (up to 49% of a building’s total area can be foreign-owned),
- Entering a leasehold agreement for land or a house,
- Setting up a Thai majority company (under strict conditions),
- Or registering rights like usufruct or superficies.
There are also rare exceptions that allow direct land ownership under special circumstances, which we’ll touch on later.
📌 Important: Avoid any offer that promises “full land ownership” under your name as a foreigner. It’s likely illegal, and you could lose your investment.
Understanding what’s legally allowed is your best defense against scams, shady contracts, and costly mistakes. Let’s explore the ownership structures that do work next.
Condominium Freehold (Foreign Quota)
For foreigners looking to legally own property in Thailand, purchasing a condominium unit under the foreign freehold quota is by far the simplest and most secure option. It’s the only property ownership structure where you can hold a title deed entirely in your name without relying on a Thai spouse, a company, or long-term lease agreements.
This ownership model is made possible by the Thailand Condominium Act B.E. 2522 (1979), which allows non-Thai nationals to buy and own condominium units, provided they meet a few legal conditions. If you’re seeking peace of mind, minimal bureaucracy, and long-term security, this is the route most expats and retirees choose.
What Is Condominium Freehold?
Condominium freehold means that you, as a foreigner, can legally own the individual unit itself, as well as a proportional share of the common property within the building. This includes shared areas such as hallways, elevators, the swimming pool, garden, gym, and the building’s land footprint.
Ownership comes with a chanote title deed, registered in your personal name at the Land Office. You have the legal right to live in the unit, rent it out, pass it on to your heirs, or sell it at any time—without needing a Thai partner or legal workaround.
It’s worth noting that while you own the unit, you do not own the land on which the building sits. Instead, the land is owned jointly by all unit owners via the condominium’s juristic person (management body). However, this has no practical impact on your rights as a condo owner.
Understanding the 49% Foreign Quota Rule
Thai law limits foreign ownership in a condominium building to 49% of the total sellable area. This is known as the foreign quota. The remaining 51% must be owned by Thai citizens or Thai-majority companies.
For example, if a condo development has 100 identical units, only 49 of them can be sold to foreigners under freehold title. Once that quota is filled, the remaining units can only be purchased by Thais. It’s essential to verify with the developer or juristic office that the unit you’re buying is still available under the foreign quota before proceeding.
This quota is calculated per building, not per project. So if you’re buying in a large development with multiple buildings, each structure has its own quota calculation.
Legal Requirements for Foreign Buyers
To qualify for foreign freehold ownership, you must meet specific conditions under the Condominium Act:
- You must be a non-Thai national.
- You must have legally brought foreign currency into Thailand for the purchase.
- The funds must be remitted in your own name, specifically for the purpose of purchasing a condo.
- You need to obtain a Foreign Exchange Transaction Form (FETF) from the Thai bank that received the money. This document will be required during ownership transfer at the Land Office.
📌 Most reputable developers and real estate lawyers are familiar with this process and can assist you with the documentation. If you’re buying from the resale market, make sure the FETF is available or can be recreated based on historical records.
Benefits of Condominium Freehold Ownership
Owning a condo unit under the foreign quota comes with a wide range of advantages:
- Legal security: You receive a title deed under your own name, protected by Thai property law.
- Full ownership rights: You can live in the unit, rent it out, renovate it (within reason), resell it, or pass it on to heirs.
- No legal gray areas: Unlike leaseholds or company ownership, this method is 100% compliant with Thai law.
- Simple resale process: Condo units are easier to sell or transfer than other property types—especially if the foreign quota isn’t maxed out.
- No Thai involvement required: You don’t need a Thai spouse, partner, or majority shareholder.
📌 This is the preferred option for most long-term expats, digital nomads, and retirees who want to own property in their own name with as little risk and complexity as possible.
Limitations and Things to Consider
While this is the safest structure, there are still a few important things to keep in mind:
- Foreign quota limits: In popular buildings or locations, the 49% foreign ownership limit can fill up quickly. Once that happens, even if a unit becomes available, it can only be sold to a Thai buyer unless a foreign quota unit is freed up.
- Land ownership exclusion: You own the condo unit and a share of the common property—but not the land. This doesn’t impact your rights but is important to understand.
- Building management rules: Condo developments are regulated by the building’s juristic person. They may have policies about pets, short-term rentals (such as Airbnb), subletting, or renovations—always review the condo regulations before buying.
- Ongoing fees: You’ll be responsible for monthly common area maintenance fees, usually calculated per square meter. These cover building upkeep, security, amenities, and administrative costs.
📌 Even when legal ownership is allowed, bank loans for foreigners in Thailand remain difficult to obtain. This guide explains why approval is rare and what to expect.
Buying Process: Step-by-Step
- Choose your condo: Work with a reputable real estate agent or developer. Ensure the unit is under the foreign quota.
- Sign a reservation agreement: Typically includes a small deposit to hold the unit.
- Perform due diligence: Have a lawyer review the title deed, building permits, and foreign quota status.
- Transfer funds: Remit the full purchase price from overseas in your name with a purpose declared as “for purchase of condominium.”
- Obtain FETF: Secure the Foreign Exchange Transaction Form from your Thai bank.
- Sign the Sale & Purchase Agreement: This formalizes the transaction details.
- Transfer ownership at the Land Office: Bring your FETF, passport, and payment proof. Pay transfer taxes and registration fees.
Where Is This Most Common?
Foreign freehold condo ownership is most popular in urban and tourist-friendly areas with active property markets:
- Bangkok – Sukhumvit, Asoke, Thong Lor, Sathorn
- Chiang Mai – Nimmanhaemin, Riverside, Santitham
- Phuket – Patong, Kata, Kamala, Rawai
- Hua Hin, Pattaya, Koh Samui – Coastal towns with strong expat presence
📌 These markets offer modern condos with resort-style amenities, professional management, and relatively easy resale options.
Who This Structure Is Best For
This ownership model is ideal for:
- Expats who want full legal control of their property.
- Retirees looking for stability and simplicity.
- Digital nomads and location-independent professionals.
- Property investors interested in rental income with minimal legal risk.
Leasehold Agreements
If you’re a foreigner who dreams of owning a private house or villa in Thailand, leasehold is often the most accessible legal path. While Thai law does not allow foreigners to directly own land, it does permit long-term lease agreements, providing a way to enjoy many of the benefits of ownership—without actually holding the land title.
Leasehold is a legal and widely used structure, especially for those interested in landed property, such as stand-alone homes, villas, or bungalows, where condominium ownership isn’t an option.
How Leasehold Works in Thailand
Under Thai law, foreigners can lease land or property for up to 30 years at a time. While leases can include renewal clauses—often for one or two additional 30-year periods—it’s important to understand that only the initial 30 years is legally enforceable. Any extensions are considered agreements of intent and are not automatically binding in court.
To be enforceable, the lease agreement must be registered at the Land Office and recorded on the land title deed. Unregistered leases exceeding three years are not legally valid and will be treated as short-term rental contracts.
Leasehold agreements are typically signed between the foreign lessee (you) and a Thai lessor—often a private individual, a developer, or a Thai company that owns the land. In some cases, a long-term lease may also be used in conjunction with rights such as superficies or usufruct (see section 3.5) to strengthen your legal position.
Key Advantages of Leasehold
- Legally recognized: Leasehold is a fully legal structure under Thai civil law.
- Long-term use and control: A registered 30-year lease gives you secure usage rights for three decades, often with optional extensions written into the contract.
- Flexibility: You can lease land, an existing house, or even lease land and build your own home on it (with additional rights registered).
- Inheritance potential: If properly structured, the lease can be inherited by your heirs or assigned to another party, although this depends on the lease terms and lessor approval.
- Suitable for villas: Most luxury villas and private homes available to foreigners in Thailand are sold under leasehold arrangements.
Risks and Limitations
Leasehold offers practical benefits, but it’s not without its challenges. Key issues to be aware of include:
- No land ownership: You do not own the land—only the right to use it for a set period.
- No guaranteed renewal: Clauses promising additional 30-year terms are not enforceable under Thai law unless re-registered at the time of each extension. The landowner must agree again, and this cannot be forced.
- Lessor control: The Thai landowner retains ownership and must approve major changes like assigning or subleasing the lease.
- Difficult resale: Selling a leasehold property can be more complicated than freehold condos, especially if there is limited time left on the lease.
- Dependence on one party: If the landowner dies, becomes insolvent, or refuses to renew, your rights may be affected—even if you followed all legal steps.
📌 Important: Many foreign buyers are misled by vague promises of “90-year leases.” Legally, these are just three 30-year terms—and only the first term is enforceable. Always verify renewal terms with a qualified property lawyer.
Leasehold + Superficies: A Common Strategy
If you plan to lease land and build your own house, a recommended strategy is to register:
- A 30-year lease on the land, and
- A superficies right, which gives you separate ownership of the building.
📌 This way, you legally control the land during the lease term, and you own the house on top of it—even if the land is not yours. If structured properly, this combination strengthens your legal position and makes inheritance or resale easier.
Typical Use Cases
Leasehold is commonly used in situations such as:
- A foreign retiree leasing land to build a private villa.
- A foreign buyer leasing an existing pool villa from a developer.
- A long-term expat leasing a townhouse in a residential community.
- Couples or families with no Thai partner or company, but who want more space than a condo allows.
Registration Process and Legal Steps
- Agreement drafting: Work with a property lawyer to create a customized lease agreement. Include renewal terms, inheritance clauses, and clear responsibilities.
- Lessor review: The Thai landowner must co-sign and agree to register the lease.
- Land Office registration: Leases over three years must be registered on the title deed at the local Land Office. A registration fee (typically 1.1% of the lease value) is required.
- Tax obligations: Stamp duty or income tax may apply to the leaseholder or lessor depending on the structure.
Where Leasehold Is Common
Leasehold is widely used in tourist destinations and expat-friendly regions where foreigners want larger homes or private land:
- Phuket – Most villas are offered on 30-year lease terms, often with pool access and resort services.
- Koh Samui – Common for beachfront properties and luxury developments.
- Chiang Mai – Leasehold is an option for foreign retirees wanting garden homes or countryside living.
- Hua Hin and Pattaya – Popular among long-term expats seeking houses near the beach or golf communities.
Who Leasehold Suits Best
Leasehold is ideal for:
- Foreigners who want to live in a house or villa (not a condo).
- Retirees who want to enjoy a long stay without land ownership complications.
- Expats who understand the time limits but still want control and comfort.
- Families building their own home on leased land with a long-term view.
While leasehold isn’t ownership in the traditional sense, it’s a legally sound solution for foreigners who want a landed property in Thailand. The key to making it work is structuring the lease properly, registering it with the Land Office, and working with qualified legal professionals.
Avoid handshake deals, “template” contracts from developers, or verbal promises about renewals. A well-drafted, registered lease is enforceable—and a lot safer than trusting vague assurances.

Thai Company Ownership
For years, setting up a Thai limited company was a popular way for foreigners to purchase land in Thailand—particularly for villas and larger investment properties. The logic was simple: Thai law prohibits foreigners from owning land directly, but Thai companies can own land. So, by forming a Thai company where the foreigner held a significant role, it seemed like a legal workaround.
However, times have changed. What was once a common “loophole” has come under increasing legal scrutiny, and many foreigners now find themselves exposed to legal risks they didn’t anticipate.
Let’s break down how Thai company ownership works, when it’s legal, when it’s risky, and who it actually suits today.
How It Works
Under Thai law, a Thai limited company is allowed to purchase land and hold the title deed in its name. Foreigners can own up to 49% of the shares, while the remaining 51% must be held by Thai nationals or Thai-registered entities.
The foreigner can also act as the managing director and have controlling voting rights, depending on how the company’s structure and articles of association are written.
In the past, many foreigners would set up companies with Thai nominee shareholders—people who had no real financial stake, only their name on paper. This practice allowed foreigners to secretly control the company and, therefore, the land.
Today, this nominee structure is illegal under Thai law and is actively investigated by the Land Department and Revenue Department. Authorities can demand proof that Thai shareholders have a legitimate stake in the company. If a nominee arrangement is discovered, the company can be dissolved and the land seized or forced to sell.
When It’s Legal and Viable
Thai company ownership can be legal when:
- The company is a genuine, operating business, such as a resort, restaurant, real estate development, or trading company.
- The Thai shareholders are real partners, with active roles and financial participation.
- The business is registered with the Department of Business Development (DBD) and files annual audits, tax returns, and balance sheets.
In such cases, the company can buy land to support its operations (e.g., build a hotel or restaurant), and the foreign director may reside on that land.
This method is also valid for joint ventures between foreigners and Thai investors—provided everything is done transparently and legally.
Legal Risks and Enforcement
Thai authorities have significantly stepped up their enforcement in recent years. Risks include:
- Investigation of nominee shareholders: If your Thai shareholders are not legitimate investors, your company structure may be deemed illegal.
- Land confiscation: The Land Office can revoke the company’s land ownership and force a sale.
- Criminal penalties: In serious cases, foreigners and their Thai associates can face fines or imprisonment for violating the Land Code and related laws.
- Tax consequences: The Revenue Department may investigate your company’s financials for signs of tax evasion or asset misrepresentation.
If you’re buying land under a Thai company simply to live on it, without any actual business activity, you are not operating within the spirit or letter of the law—and that puts your investment at serious risk.
Company Setup Requirements
If you’re pursuing this path legitimately, here’s what the process typically involves:
- Company registration with the Department of Business Development (DBD).
- Appointing at least three shareholders, with at least 51% Thai ownership.
- Registering a business address, obtaining a tax ID, and filing VAT registration (if applicable).
- Maintaining yearly financial statements, accounting records, and paying corporate taxes.
- Justifying the company’s land purchase as necessary for its business.
You’ll also need a competent Thai accountant and possibly a law firm to handle the setup and ongoing compliance.
📌 Using a company structure for property ownership? Company ownership requires a real, functioning business. Read this guide to starting a business in Thailand before going down that road.
When Thai Company Ownership Does Make Sense
While it’s no longer a good fit for private homeowners trying to “game the system,” it’s still a valid path in specific cases, such as:
- Foreign entrepreneurs starting a genuine Thai business that requires land or premises.
- Foreign-Thai partnerships, where both parties actively invest and manage the business.
- Small resorts, guesthouses, or restaurants, where land ownership by the company is necessary for licensing and operation.
In these cases, the company is a real commercial vehicle—not a legal façade.
When to Avoid This Structure
- If you’re simply trying to buy a villa to live in with no Thai business activity.
- If you’re using nominee shareholders to meet the Thai ownership quota.
- If your lawyer or agent says “everyone does it this way” without explaining the risks.
- If you’re unwilling to maintain the accounting, audits, and tax filings required for a real company.
Where It’s Commonly Used
Legitimate use of Thai company ownership is more likely in:
- Phuket and Koh Samui, where small resorts and villa rentals are often company-owned.
- Bangkok, in business districts where commercial properties are acquired for long-term operations.
- Chiang Mai and Hua Hin, for boutique businesses owned by foreign-Thai partners.
However, in all cases, the company must be real, active, and compliant—not just a shell to hold land.
Who Thai Company Ownership Suits Best
This structure is appropriate for:
- Entrepreneurs who are serious about running a business in Thailand.
- Foreigners with Thai partners and shared investment plans.
- Investors purchasing commercial properties for rental income, not private residences.
- Long-term expats who want to integrate legally and are willing to maintain company compliance.
Company ownership is no longer the “clever loophole” it was once thought to be. While it’s still legally valid in specific, well-documented situations, using a Thai company to simply bypass land laws for personal property is risky, short-sighted, and increasingly unsustainable.
If your goal is to live in Thailand legally and securely, it’s almost always better to buy a condo freehold or use a leasehold plus superficies strategy for landed homes. Company ownership should only be used when it aligns with an active business interest—and when you’re prepared to meet the legal obligations that come with it.

Thai Spouse Ownership
For foreigners married to a Thai national, it might seem natural to buy land or a home together in your spouse’s name. After all, marriage is about trust and shared life goals, right?
But when it comes to property ownership in Thailand, emotions and legal realities often clash. While Thai law allows a Thai spouse to legally own land, the foreign partner is explicitly barred from having any ownership claim over that land—even in a legally recognized marriage.
Understanding this structure is critical to protect both your relationship and your investment.
Legal Background
According to Thai land law and official policy from the Land Department, foreigners may not co-own land with their Thai spouse. If a Thai citizen purchases land while married to a foreigner, the foreign spouse must sign a declaration stating that:
- The funds used to buy the property were entirely the Thai spouse’s own money.
- The foreign spouse waives any claim to the land.
- The purchase is not a hidden attempt by the foreigner to circumvent ownership laws.
This declaration must be signed at the Land Office and is a requirement for transferring ownership into the Thai spouse’s name. Once signed, this document is legally binding and very difficult to challenge later.
Ownership in the Thai Spouse’s Name Only
The land (and usually the house, unless registered separately) will be 100% under the Thai spouse’s name. The foreign spouse has no legal ownership, even if they provided the funds or paid for the house outright.
This becomes especially sensitive in cases of divorce, death, or family disputes.
📌 Important: Even if you’ve been together for decades, under Thai law, the land is the sole property of the Thai spouse. If things go wrong, you have no ownership rights—and may have no legal claim to compensation unless you’ve structured protections in advance.
Advantages (When Trust Is Strong)
- Simplified process: No need for leasehold contracts, foreign exchange transfers, or company formation.
- Full land ownership: The Thai spouse can own both the land and house outright, unlike leasehold.
- Potential tax advantages: Transactions between Thai spouses are generally simpler for income and property tax purposes.
This structure can work well in stable, long-term marriages, especially if the couple jointly manages finances and family property.
Major Risks and Concerns
- No shared ownership: The foreign partner has no legal right to the property, even if they funded it.
- Divorce: In the event of separation, the property remains with the Thai spouse unless proof can be made that it was acquired as “marital property” under Thai family law—often a gray area.
- Inheritance complications: If the Thai spouse dies and the property isn’t addressed in a Thai will, the land will pass to their legal heirs under Thai succession law, not necessarily the foreign spouse.
- Resentment or misuse: In worst-case scenarios, a foreigner can be evicted from property they paid for, with no legal recourse.
Protective Strategies (If You Choose This Route)
If you plan to register property in your Thai spouse’s name, consider taking the following protective steps:
- Register a lease agreement from your spouse to you. This gives you the legal right to occupy the land and house for up to 30 years.
- Register a usufruct or habitation right, allowing you to use the property during your lifetime.
- Keep thorough records of all financial transfers, construction invoices, and contracts showing your financial contribution.
- Draft a Thai will for your spouse specifying your rights to the property if they pass away.
- Consult a reputable property lawyer to structure a combined legal approach—especially if you’re financing the purchase.
📌 These strategies don’t guarantee full ownership, but they can significantly reduce your risk of losing access or being evicted later.
Where This Structure Is Common
Thai spouse ownership is often seen in:
- Family homes in suburban or rural areas where foreign property interest is minimal.
- Marriages between foreigners and Thais who want to build or buy a house together in Thailand.
- Small agricultural plots or hometown land inherited or bought by the Thai spouse.
It is less common in urban condo markets, where foreign freehold ownership is easier and legally secure.
Who This Structure Might Suit
- Long-term expats in stable, trusting marriages.
- Foreigners building a life and family in Thailand with no plan to resell or transfer the property.
- Those who fully trust their partner and are aware of the risks but value simplicity.
Who Should Avoid This Structure
- Foreigners funding the purchase without legal protections.
- Couples who are recently married or unsure about long-term legal commitments.
- Buyers seeking resale value, investment security, or independent ownership rights.
Registering land in your Thai spouse’s name might seem like a loving gesture—or a practical workaround—but it’s not without serious risks. Many foreigners have lost homes, savings, and peace of mind by entering property deals without proper legal protections.
If you choose this structure, go in with your eyes wide open. Use legally binding agreements to protect your rights, and remember: in Thailand, ownership and usage are two very different things. What matters isn’t just whose name is on the deed—but whether your rights are legally registered.
Usufruct, Superficies & Habitation Rights
If you’re a foreigner living in Thailand and want to protect your right to use land or live in a property—without owning it outright—then real rights such as usufruct, superficies, and habitation can be incredibly useful tools.
These legal instruments, rooted in Thai civil law, give you long-term use and benefit rights over someone else’s land or property. They’re often used alongside leasehold agreements or Thai spouse ownership to strengthen a foreigner’s position.
Let’s break each one down clearly, and look at how they work in real life.
What Are “Real Rights” in Thai Law?
Under Thai law, certain use-rights—known as real rights—can be registered on a land title deed, giving the holder enforceable legal powers. These rights do not amount to ownership, but they do provide legal control, often for decades or even for life.
The most relevant for foreigners are:
- Usufruct (สิทธิเก็บกิน – sit-kep-gin)
- Superficies (สิทธิเก็บอาคาร – sit-kep-aa-khaan)
- Habitation (สิทธิอยู่อาศัย – sit-yuu-aa-sai)
Usufruct: Lifetime Right to Use Land or Property
Usufruct grants the right to use and enjoy the benefits of a property owned by someone else—typically for life, or for a specified term up to 30 years.
With usufruct, you can:
- Live in the property.
- Lease it to someone else.
- Benefit from the land (e.g., farming or renting out a house).
You cannot sell or transfer the property, and you don’t own it, but your right to use it is legally protected and recorded on the land title.
Common scenario: A foreigner marries a Thai citizen. The house and land are registered in the Thai spouse’s name, but the foreigner registers a usufruct giving lifetime occupancy rights. Even in divorce or inheritance situations, the foreigner retains legal usage.
✅ Term: Typically granted for life or a maximum of 30 years, renewable.
📌 Registration: Must be recorded at the Land Office on the land title deed.
⚠️ Note: Cannot be inherited—usufruct ends upon the death of the usufructuary.
Superficies: Own the House, Not the Land
Superficies gives the right to build or own a structure (house, building, factory, etc.) on land you do not own.
This is ideal when:
- You lease land and want to build a house.
- Your Thai spouse owns the land but you want to legally own the building.
With a registered superficies, you can:
- Construct a home in your own name.
- Legally own the structure separate from the land.
- Sell, transfer, or inherit the house—though land rights remain with the landowner.
Common scenario: A foreigner leases a piece of land from a developer or Thai partner for 30 years and builds a villa. To protect their investment, they register a superficies, ensuring ownership of the house even if the lease ends or the landowner changes.
✅ Term: Up to 30 years, or for life.
📌 Registration: Must be recorded at the Land Office on the land title.
⚠️ Note: The landowner’s consent is required for registration.
Habitation Right: Live in a House Without Owning It
Habitation gives the right to live in a specific house, rent-free, for a defined period (often lifetime), but only for personal use.
Unlike usufruct, you cannot lease it out, and you must use it as your own residence. It’s the most limited of the three real rights but can be suitable in certain situations.
Common scenario: A retiree lives in a home owned by their Thai partner or family member. A habitation right is registered, ensuring they have lifetime residence without interference.
✅ Term: Up to 30 years or for life.
📌 Registration: Made at the Land Office on the property title.
⚠️ Note: Cannot sublease, and ends with death or at the contract’s term.
When and Why to Use These Rights
These real rights are useful when:
- You don’t own the land but want legal control over how it’s used.
- You’re in a Thai spouse ownership scenario and want to protect your investment or living rights.
- You want to own a house on leased land without forming a company.
- You’re concerned about future disputes, especially in death, divorce, or inheritance.
Registration Process
- Draft the contract specifying the right (usufruct, superficies, or habitation), the parties involved, and the term.
- Go to the Land Office with all parties (owner and recipient).
- Pay the registration fee (usually a small percentage of the appraised property value).
- Ensure the right is recorded on the land title deed (chanote).
Legal Notes
- All three rights are non-transferable unless specified.
- Thai authorities are familiar with these structures—they are perfectly legal if properly registered.
- You cannot enforce these rights unless they are officially registered on the title deed.
- These rights can coexist with other arrangements like leasehold, offering layered protection.
Who These Rights Are Best For
- Foreigners married to a Thai spouse who owns land or property.
- Long-term expats building homes on leased land.
- Retirees wanting to secure lifetime residence without ownership complications.
- Cautious investors who want additional legal protection without full ownership.
Limitations to Be Aware Of
- Rights end with the term or upon death—no inheritance unless structured via a lease or other asset.
- Cannot be sold or transferred (except superficies if the building is sold).
- Require cooperation from the landowner for registration.
Usufruct, superficies, and habitation rights may not offer the glamour of outright ownership, but in practice, they provide real, enforceable legal protections that can make all the difference. For many foreigners in Thailand—especially those in mixed marriages or long-term lease arrangements—these tools offer the legal backbone needed for a secure and peaceful life.
Used wisely, they can bridge the gap between legal restrictions and practical needs—giving you the freedom to build, live, and enjoy your home in Thailand with confidence.

📌 Once you’ve chosen your ownership structure, here’s how to complete the purchase legally and confidently ===> How to Buy Property in Thailand: Step-by-Step for Foreigners — everything you need to know before signing.
Ownership of Structures vs. Land
One of the most important legal distinctions in Thai property law—especially for foreigners—is the separation between land and structures. In Thailand, land and buildings are treated as two separate legal assets, and this opens a window of opportunity for foreigners who want to build or buy a home without owning the land underneath.
This concept can feel strange if you’re used to property systems where owning land automatically includes the structures on it. But in Thailand, you can legally own a house or villa without owning the land it’s built on—provided you do it the right way.
The Legal Separation of Land and Building
Thai civil law allows buildings to be separately owned from the land, especially when:
- The landowner and the building owner are different parties.
- The building is constructed with clear consent from the landowner.
- Legal rights like superficies or leasehold are properly registered.
This separation means a foreigner can legally own a house, even if they are not allowed to own the land it sits on. In fact, this is a common strategy used in leasehold and Thai spouse ownership scenarios.
📌 Example: You lease a plot of land for 30 years from a Thai developer or your spouse. You build a house using your own funds. With a registered superficies, you own the structure—even after the lease ends or if the landowner changes.
How Foreigners Can Own Structures
There are two main ways for foreigners to legally own a building in Thailand:
1. Constructing the Building Yourself
- If you build a house on leased land, and you finance the construction, you can register yourself as the owner of the structure.
- The building must be constructed with written consent from the landowner, and ideally with a superficies registered.
- You’ll need to register the house at the local Land Office or Municipality, and the building will be issued a house registration number (Tabien Baan).
2. Buying an Existing Structure Separately
- In some cases, you can purchase a house or villa that sits on land owned by a Thai individual or company.
- You sign a lease agreement for the land and a separate purchase agreement for the structure.
- You may also register a superficies or lease on the land to secure your rights.
This is common in resort-style developments where land remains in Thai ownership, but villas are sold to foreigners under a leasehold + building ownership model.
Important Registration Steps
To ensure your ownership is legally recognized:
- Secure written consent from the landowner to build or register ownership of the structure.
- Apply for a construction permit (if building new) in your name.
- Register the completed house with the District Office and Land Office.
- If needed, register superficies or leasehold to protect your land use rights.
Common Scenarios Where This Structure Applies
- A retiree leases a plot of land and builds a small bungalow with the landowner’s consent.
- A foreigner marries a Thai partner and builds a home on land owned by the spouse—but registers ownership of the house separately.
- A villa in a gated development is sold under leasehold; the buyer owns the building but leases the land for 30 years.
Risks to Watch Out For
- No consent = no ownership: If you build without the landowner’s written consent, you may not have legal rights to the structure—or worse, the building may legally belong to the landowner.
- Unregistered structures: If you don’t register the house, you have no documented proof of ownership.
- Inheritance issues: If you pass away and there’s no will or legal clarity, your heirs may face difficulty claiming the structure.
- Landowner disputes: If the landowner dies, sells the land, or changes their mind, your position is only secure if you’ve properly registered your rights.
Benefits of Owning the Structure
- Gives you tangible ownership over your home, even if you lease the land.
- Can be sold or transferred (depending on lease or superficies terms).
- Adds a layer of legal protection—especially when combined with leasehold, usufruct, or superficies.
- Often qualifies for insurance and renovation permits in your name.
Who This Setup Is Ideal For
- Foreigners building on leased land (especially in retirement-focused developments).
- Expats in Thai spouse ownership scenarios who want to protect their investment.
- Long-term residents seeking housing autonomy without land ownership.
In Thailand, you don’t need to own the land to own a home—but you do need to approach it smartly. By registering your structure, securing land use rights through lease or superficies, and getting proper legal advice, you can live in your dream home with confidence and legal security.
It’s all about paperwork, planning, and knowing the difference between having a home and holding the land it stands on.
Foreign Land Ownership Through Investment Incentives
While the general rule is clear—foreigners cannot directly own land in Thailand—there are a few narrow exceptions that permit it under special investment schemes. These exceptions are not widely accessible, but they do exist, and they are fully legal when handled correctly.
This section outlines the two most relevant legal pathways that may allow a foreigner to own land in their personal name:
- Through the Board of Investment (BOI)
- Through special provisions in the Eastern Economic Corridor (EEC) zone
📌 If you’re an investor, entrepreneur, or high-net-worth individual with serious business plans in Thailand, these incentives may be worth exploring.
1. BOI Promotion: Investment-Based Land Ownership
The Thailand Board of Investment (BOI) promotes certain industries and projects that support national economic development—such as technology, renewable energy, export manufacturing, and high-value services.
Under BOI promotion, a foreign company or individual may be granted the right to own land if:
- The land is essential to the operation of the promoted business (e.g., factory site, R&D center, company office).
- The company is majority foreign-owned and has received BOI approval.
- The land will not be used for residential or speculative purposes, unless it directly serves the business.
BOI incentives often include:
- Tax exemptions (e.g., corporate income tax holidays)
- Import duty reductions
- Work permit and visa facilitation for foreign staff
- And in some cases—land ownership rights
⚠️ Important: This applies only to land used for business. Owning a home for personal residence is not permitted under BOI privileges.
2. EEC (Eastern Economic Corridor) Incentives
The Eastern Economic Corridor is a government-backed initiative aimed at developing high-tech industry and infrastructure in three eastern provinces:
- Chachoengsao
- Chonburi
- Rayong
📌 Foreign investors who are approved to operate in EEC zones may be allowed to own land for business purposes, and in some rare cases, for residential use, if tied to employment or investment in the area.
These incentives are handled by the EEC Office, not the BOI, and typically involve:
- High-capital investment thresholds
- Business activities in strategic sectors (e.g., automation, aerospace, biotech)
- Long-term project plans
Some allowances under EEC include:
- Residential land ownership for executives of promoted businesses
- 50-year leaseholds (extendable)
- Streamlined work permits and visas
- Support for joint ventures and public-private partnerships
📌 Again, these are highly specific cases—not available to the average expat or retiree.
Practical Limitations
While these investment routes offer rare exceptions to Thailand’s land ownership laws, they come with significant conditions:
- High capital investment is usually required (often tens or hundreds of millions of baht).
- Projects must align with national development goals.
- Land ownership is typically tied to the project duration and function—you cannot simply buy land and do nothing with it.
- Residential use is either restricted or must be directly linked to your role in the promoted business (e.g., as a managing director of an EEC-approved project).
Who These Exceptions Suit
These routes may be viable for:
- Foreign investors and business owners developing BOI-approved projects
- Executives working for multinational companies operating in EEC zones
- Entrepreneurs launching high-tech, export-driven, or innovation-based businesses
- Foreign-majority companies needing commercial land ownership
Who They Do Not Suit
These exceptions are not suitable for:
- Retirees or digital nomads looking to buy a personal home or land
- Casual investors wanting to buy land as an asset
- Individuals seeking a workaround for residential villas
- Foreigners without a registered business presence in Thailand
For most foreigners, investment-based land ownership is out of reach—and that’s okay. These schemes are designed to attract high-level economic contributors, not residential buyers.
However, if you’re planning to launch a large-scale project or relocate your business to Thailand, it’s worth speaking to a lawyer or BOI/EEC consultant. In very specific cases, these routes provide a fully legal path to land ownership—one that’s far more secure than nominee arrangements or workarounds.
For everyone else, leasehold, condominium freehold, and real rights like superficies are the safer, smarter alternatives.
Registration and Legal Documentation
In Thailand, what’s written in your contract doesn’t mean much unless it’s properly registered with the relevant government authority—usually the Land Office. This is where many foreigners get caught off guard.
You may have a beautifully worded agreement, signed and sealed with a handshake and a smile—but if it’s not officially recorded, it’s not legally binding. In Thai law, unregistered rights and contracts over land or buildings are not enforceable beyond certain limits, especially for foreigners.
This section breaks down what needs to be registered, where, and why—so you don’t lose your property rights over a technicality.
Why Registration Matters
- Thai law prioritizes registered rights over unregistered agreements.
- In disputes, courts rely on what’s recorded at the Land Office, not what was agreed privately.
- Failure to register means your lease, ownership, or usage right may be considered void—or valid for only 3 years, even if your contract says 30.
⚠️ Example: You sign a 30-year lease for a villa, but it’s never registered. Under Thai law, it’s only enforceable for three years, and the rest is legally worthless—even if both parties agreed otherwise.
Key Documents That Must Be Registered
Here’s a breakdown of the main property-related rights and documents that must be registered to be enforceable:
1. Lease Agreements (Over 3 Years)
- Any lease longer than 3 years must be registered at the local Land Office.
- The lease will be noted on the land title deed (chanote).
- Registration fees apply (typically 1.1% of total lease value).
- Without registration, leases over 3 years are unenforceable in court.
2. Usufruct, Superficies, and Habitation Rights
- These are real rights that must be recorded on the title deed to take effect.
- Without registration, they offer no legal protection, even if notarized.
- These rights require both parties to appear at the Land Office in person.
- They can be granted for up to 30 years or for life, depending on the type.
3. Sale and Transfer of Ownership (Condominiums or Buildings)
- A condo unit transfer must be registered at the Land Office with:
- The chanote (unit title deed)
- The Foreign Exchange Transaction Form (FETF), if the buyer is a foreigner
- The sales contract, identification, and tax clearance (if resale)
- Taxes and transfer fees will apply (generally 2–6% of the property value depending on transaction type).
📌 Foreign Exchange Forms (FETF) require local banking. Open a Thai bank account early to avoid issues during property registration.
4. Superficies + Building Ownership
- If a foreigner builds a house on land they don’t own, they must:
- Obtain the landowner’s written consent to register the structure in their name.
- Register superficies to separate ownership of land and building.
- Register the completed structure at the District Office to obtain a house registration document (Tabien Baan).
5. Company Land Ownership
- When land is purchased through a Thai company, the transaction must:
- Be recorded on the company’s balance sheet.
- Be justified as necessary for the business purpose.
- Include all shareholding documents and compliance filings.
- The company must continue to meet minimum legal and financial requirements annually.
6. Inheritance Rights (Optional but Recommended)
- Foreigners who lease or own property through legal structures should also:
- Draft a Thai will for assets located in Thailand.
- Include clauses in lease or usufruct agreements regarding succession.
- Consider registering inheritance terms, when possible, in the lease or contract.
Where to Register
Most property and usage rights must be registered at the Provincial or District Land Office responsible for the area where the property is located.
- Land Office handles all matters involving land, leasehold, building rights, transfers, and registration of real rights.
- District Office (Amphoe) is where house numbers (Tabien Baan) are issued for new constructions.
For company structures, registration also involves:
- The Department of Business Development (DBD) under the Ministry of Commerce
- Annual filings and tax reporting through the Revenue Department
Final Tips for Foreigners
- Always register your rights—never rely on verbal agreements or unsigned contracts.
- Use a property lawyer—especially for drafting contracts, registering leases, or navigating Thai spouse or company ownership.
- Check the land title deed (chanote) before any transaction. Make sure the title is clean, the land boundaries are confirmed, and no encumbrances exist.
- Keep all receipts and registration records, especially for lease payments, transfer taxes, and legal fees. These documents may be needed later for resale, dispute resolution, or inheritance.
Thailand’s property market is legally accessible to foreigners—but only if you play by the rules. Unregistered contracts, even if signed, offer no real protection. In contrast, a properly registered lease, usufruct, or condo transfer gives you legal clarity and peace of mind.
In a country where smiles are easy but the fine print matters, registration isn’t just a formality—it’s your legal safety net.

Inheritance & Succession Planning
In Thailand, what happens to your property when you pass away isn’t automatic—especially for foreigners. If you’ve invested in a condo, house, leasehold, or legal right like usufruct or superficies, you need a clear succession plan in place.
Unlike some Western systems where property seamlessly passes to a spouse or children, Thailand follows strict inheritance laws under the Thai Civil and Commercial Code. If you don’t plan ahead, your property may be frozen in probate or passed on according to Thai statutory law—which might not reflect your intentions.
This section explains how foreigners can ensure their Thai property or property rights are transferred smoothly to their heirs or beneficiaries.
Foreigners Can Inherit Property—With Conditions
Yes, foreigners can inherit property in Thailand, but there are limits depending on the asset type and ownership structure.
- Condominium units: Foreigners can inherit a condo unit if the unit remains within the 49% foreign quota. If the quota is full at the time of inheritance, the heir may be forced to sell the unit within a year.
- Leasehold rights: Leases can be inherited if the lease agreement includes succession clauses and is properly registered. Without such clauses, the lease ends upon death.
- Usufruct and habitation rights: These rights expire upon the death of the holder. They are non-transferable and non-inheritable.
- Superficies: This right can be inherited if structured correctly—typically passed on with the house or building.
- Company shares: If you own property through a Thai company, your shares can be inherited, allowing your heirs to indirectly maintain control of the asset.
The Importance of a Thai Will
A will drafted in your home country may not automatically apply in Thailand. To protect your assets, it’s strongly advised to draft a separate Thai will covering all your Thai-based property and rights.
Benefits of a Thai Will:
- Clarifies who inherits your Thai property and assets.
- Speeds up the probate process.
- Reduces the chance of disputes or unexpected legal outcomes.
- Can help your heirs avoid forced sales or court challenges.
A valid Thai will must:
- Be written, dated, and signed by the testator.
- Have at least two witnesses who also sign the document.
- Be stored safely—preferably with your lawyer or at your residence.
Learn how to create a valid Thai will, what you can include, and how to ensure your assets are passed on according to your wishes.
Legal Heir Structure in Thailand
If you die without a Thai will, the law follows a priority hierarchy of heirs:
- Descendants (children, grandchildren)
- Parents
- Siblings of full blood
- Siblings of half blood
- Grandparents
- Uncles and aunts
- The Thai State, if no heirs are found
📌 The spouse shares in the inheritance depending on which group of heirs is present. Foreign spouses must go through the Thai probate court to claim any inheritance.
Probate Process in Thailand
All property transfers after death—whether land, condo, lease, or shares—must go through the Thai probate process, which involves:
- Filing a petition with the Thai Civil Court.
- Presenting the will (or proving rightful heir status if no will exists).
- Obtaining a court order authorizing asset distribution.
- Registering the change in ownership with the Land Office (for condos, leaseholds, structures).
📌 This process takes several months, sometimes longer if heirs live overseas or disputes arise.
Succession for Different Property Types
Property Type | Inheritable? | Conditions |
---|---|---|
Condo Freehold | ✅ Yes | Must fall within foreign ownership quota; if quota is exceeded, unit must be sold within 1 year. |
Leasehold (Registered) | ✅ Yes | Only if succession clause is included in the lease and the lease is properly registered at the Land Office. |
Usufruct | ❌ No | Usufruct ends automatically upon the death of the usufructuary. Cannot be inherited. |
Superficies | ✅ Yes | Can be inherited if properly registered and structured in accordance with Thai law. |
Thai Company Shares | ✅ Yes | Shares in a Thai company can be passed on through a will or court order, according to company bylaws and Thai inheritance law. |
Land (Thai Spouse Owns) | ✅* Yes | Land remains in Thai spouse’s name; foreign partner can be granted use rights (e.g., lease or usufruct) via will, but cannot inherit land ownership directly. |
Practical Steps to Protect Your Heirs
- Draft a Thai will covering all Thai assets.
- Include inheritance clauses in lease, superficies, or company documents.
- Ensure all rights and contracts are properly registered.
- Keep documentation in order—title deeds, lease agreements, share certificates, etc.
- Speak to a Thai lawyer experienced in estate planning and foreigner property law.
Who This Section Is Most Relevant For
- Foreigners who own or lease property in Thailand.
- Retirees with Thai-based assets and family abroad.
- Expats married to Thai citizens who own property in their spouse’s name.
- Foreign investors with Thai company structures.
Property ownership in Thailand doesn’t end when you do—but your legal foresight makes all the difference. Without a Thai will or properly structured agreements, your heirs may face confusion, legal delays, or worse—lose access to the assets you intended to pass on.
Planning for the future might not be fun, but in Thailand, it’s absolutely essential if you want your investment—and your family—to be protected.

What Not to Do (Common Pitfalls)
Thailand’s property market can be inviting, but it’s also full of traps for the uninformed. Many foreigners have lost significant money—and in some cases, their entire property—by making avoidable mistakes.
This section outlines the most common missteps foreigners make when trying to buy or control property in Thailand. Think of it as your “don’t do this” checklist—a list of hard-earned lessons from people who thought they found a shortcut, only to learn the hard way that shortcuts can be expensive.
1. Buying Land in a Thai Person’s Name Without Legal Protections
One of the most common mistakes is buying land in the name of a Thai partner, friend, or “trusted local,” without legally securing your position.
Yes, Thai citizens can own land—but unless your name is on a properly registered lease, usufruct, or superficies agreement, you have zero legal rights to that property.
📌 Example: A foreigner funds the purchase of land in their Thai girlfriend’s name. The relationship ends. The foreigner is left with nothing—and no legal way to claim the property.
✅ Avoid it by: never funding a purchase without registering a legal right (e.g., lease or superficies) that protects your interest.
2. Using Nominee Shareholders in a Thai Company
Setting up a Thai company to buy land and using nominee Thai shareholders is illegal and heavily scrutinized. If discovered, the Land Office can seize the land, revoke ownership, and dissolve the company.
Thai law requires that Thai shareholders in a company be real investors, not just names on paper.
📌 “Everyone does it” is not a legal defense.
✅ Avoid it by: only using a Thai company if it’s a genuine, active business with real Thai partners and proper accounting.
3. Skipping Registration of Leases or Rights
Foreigners often think that a signed lease agreement or verbal promise is enough. It’s not. Under Thai law:
- Leases longer than 3 years must be registered at the Land Office to be enforceable.
- Usufructs, superficies, and habitation rights are only valid when registered on the title deed.
📌 Unregistered rights offer no legal protection, and courts will not enforce them.
✅ Avoid it by: registering all long-term agreements and real rights at the Land Office—even if it costs a bit more upfront.
4. Believing Verbal Promises (e.g., “You Can Renew the Lease Later”)
It’s common to be told, “Don’t worry, we’ll renew it for another 30 years when the time comes.” But unless that renewal is guaranteed in a registered agreement, the promise is legally meaningless.
📌 Thai law does not recognize future renewal clauses as binding unless they’re executed and registered at the time of renewal.
✅ Avoid it by: assuming that only what’s in writing and registered counts. Ignore verbal assurances—no matter how friendly or convincing they sound.
5. Not Using a Qualified Property Lawyer
Many buyers rely solely on the developer or seller’s lawyer—or worse, skip legal review entirely. Even well-intentioned agents may not understand how Thai property law applies to foreigners.
📌 A small mistake in a lease, a missing clause in a will, or failure to check the title deed can cost you millions of baht.
✅ Avoid it by: hiring an independent, English-speaking property lawyer who works for you—not the seller.
6. Assuming a Thai Marriage Gives You Property Rights
Being married to a Thai national does not give you ownership rights over land or property. In fact, the law explicitly requires foreign spouses to waive ownership claims.
📌 If your Thai spouse owns the land, and you build a house on it without a registered right (e.g., lease or superficies), you have no legal claim to either the land or the building.
✅ Avoid it by: legally registering your rights (e.g., lease or usufruct) and consulting a lawyer to structure co-ownership where possible.
7. Failing to Make a Thai Will
If you pass away without a Thai will, your Thai-based assets may be frozen during probate or divided by statutory law—not according to your wishes.
📌 This is especially problematic for leaseholds, condo units, or company shares.
✅ Avoid it by: creating a bilingual Thai will covering all Thai assets and property rights, and updating it if your situation changes.
Bonus Tip: “If It Sounds Too Good to Be True…”
Sadly, property scams do exist—especially in tourist-heavy areas. Be skeptical of deals that promise:
- “Guaranteed rental returns” with no evidence
- “You can own land in your name through a trick”
- “Buy now, no lawyer needed!”
- “It’s 90-year ownership” (it’s not—it’s a 30-year lease with optional renewals)
✅ Avoid it by: walking away from anything that sounds too good to be legal.
Thailand is a wonderful place to invest in property—but only if you play by the rules. The most common mistakes come from skipping due diligence, trusting the wrong people, or trying to outsmart a system that’s very clear about what it allows.
Get legal advice, register your rights, and protect yourself from the start. Because in Thailand, the law favors the prepared, not the optimistic.
Ownership Structure Comparison Table
If you’ve made it this far, you’ve probably realized that there’s no one-size-fits-all solution when it comes to owning property in Thailand as a foreigner. Each legal structure—whether it’s freehold, leasehold, or a combination of rights—comes with its own rules, risks, and suitability depending on your goals.
To help you compare your options at a glance, here’s a side-by-side breakdown of the most common ownership structures available to foreigners in Thailand:
Structure | Land Ownership | Property Ownership | Term | Risks | Best For |
---|---|---|---|---|---|
Condo Freehold | ❌ No | ✅ Yes (Condo unit) | Permanent | Low | Most foreign buyers in urban or resort areas |
Leasehold | ❌ No | ✅ Yes (if registered) | 30 years (renewable) | Medium | Villa buyers or long-term expats |
Thai Company | ✅ Yes (via company) | ✅ Yes | Ongoing (as long as company is active) | High (legal scrutiny, nominee risk) | Business owners with real Thai partners |
Thai Spouse | ✅ Yes (in spouse’s name) | ✅ Yes (with contract protection) | Permanent | High (no ownership rights for foreigner) | Married expats in long-term relationships |
Usufruct / Superficies | ❌ No | ✅ Use rights / structure ownership | Up to 30 years or life | Medium (non-transferable or ends on death) | Retirees or those securing rights on spouse’s land |
This comparison is designed to highlight the practical differences between each option: who can use them, how secure they are, how long they last, and what type of property they’re best suited for.
📌 Tip: Use this table as a quick-reference tool when speaking to property agents, lawyers, or developers. It can help you ask smarter questions—and avoid being pushed toward a structure that doesn’t actually serve your needs.
Final Thoughts
Buying or securing property in Thailand as a foreigner isn’t impossible—it just requires a clear understanding of the rules, a bit of patience, and the right legal support. While the idea of not being able to own land might feel frustrating at first, Thailand actually offers a variety of legal structures that can give you long-term security and peace of mind—if you use them wisely.
From condo freehold ownership to leaseholds, real use rights, and even company setups (in the right context), there’s no shortage of options. The key is choosing the one that fits your life—not someone else’s sales pitch.
✅ If there’s one takeaway from this guide, it’s this: Don’t cut corners. Register your rights. Work with professionals. And think long-term.
Whether you’re retiring by the beach, building your dream home in Chiang Mai, or investing in a small resort in the South, the goal is the same: to live securely, happily, and legally in the Land of Smiles.

Founder of Thrive in Thailand
Long-term expat living in Thailand—sharing culture, insights, and real-life farang wisdom, one story at a time!
💬 Have thoughts or experiences to share about buying property in Thailand? If you’ve gone through the process yourself, feel free to share your story in the comments—it might help others on a similar path.