Can Foreigners Buy Property in Thailand? What You Can and Can't Own

Foreigners can own a condominium in Thailand outright, in their own name, but cannot own land or a house-with-land in their own name under the Land Code. That single line explains most of the confusion. A condo is fully ownable within a building's 49% foreign quota; a house, townhouse, or plot of land has to be held through a long-term lease or another legal structure. Talata brings condo listings and long-term house and condo rentals from many owners into one place, so foreign buyers and renters can compare location, price, and ownership type before contacting the owner directly.

Can foreigners buy property in Thailand? The short answer

It depends on what kind of property you mean. A condominium unit can be bought and registered in a foreigner's own name. A detached house, townhouse, or bare land cannot: Thai law reserves land ownership for Thai nationals. What a foreigner can own is the building itself, separate from the ground it sits on, while the land is secured through a lease or another registered right.

The logic behind the rule is simple. Land is protected for Thai citizens, while a separate law carves out room for foreign ownership inside condominium buildings. Once that line is clear, the rest of the decision is choosing the structure that matches what you want and how much complexity you can accept.

What foreigners can and can't own in their own name

Condominiums: the one property foreigners can own outright

The Condominium Act B.E. 2522 (1979) lets a foreigner hold freehold title to a unit in their own name, with the right to sell, rent out, pass on as inheritance, and repatriate the sale proceeds, the same as a Thai owner. This is why a condo is the most common entry point into the Thai property market for foreigners: the process is direct and the legal risk is low.

Two conditions decide whether a specific unit qualifies: the building's foreign quota, and where your purchase money comes from.

How the 49% foreign quota works

In any single condominium building, foreigners can own no more than 49% of the total unit floor area combined. The remaining 51% must be held by Thai nationals. The 49% is measured by area, not by number of units, so a large unit consumes more of the quota than a small one even though each counts as a single unit.

In practice, popular projects fill their foreign quota first. A buyer who arrives after the quota is full can't take that unit in freehold and has to wait for the quota to free up or switch to a long-term lease with the owner. Before committing, ask the building's juristic person or the sales team to confirm in writing that the unit you want is still inside the foreign quota.

Foreign funds and the FET Form

The money used to buy a condo has to be transferred into Thailand from abroad in foreign currency, then converted to baht locally. The bank issues a Foreign Exchange Transaction form (FET Form) documenting the inflow, and this is submitted to the Land Department at the transfer. It proves the purchase money did not originate inside Thailand, and the amount stated has to match or exceed the unit price.

If the unit costs less than the threshold at which a bank issues the FET Form automatically, tell the bank when the money arrives that it is intended to buy property, so the paperwork is complete rather than something you chase later.

Houses and land: legal ways foreigners can hold them

When land can't sit in your own name, the law still leaves several ways to live in a house or on a plot with real security. Each route carries a different level of certainty and a different set of cautions. Pick the one that matches how long you need the right to last and how much administrative effort you can take on.

Long-term lease (leasehold), registered for 30 years

Leasing is the most common and lowest-risk route. A foreigner can sign a lease over land or a house to live in, and once the lease is registered at the Land Department it is enforceable for up to 30 years under the Civil and Commercial Code. During the term, the tenant can build and own the house itself on the land, which comes close to ownership for the length of the lease.

The point to understand clearly is that 30 years is the ceiling the law guarantees. Renewal beyond that is a separate matter, and it is exactly the part that changed after a 2025 Supreme Court ruling (covered next).

Usufruct and superficies

Two further registered rights can attach to land. A usufruct, under Section 1417, gives the holder the right to use and take the benefit of the land for life, but it cannot be transferred and ends when the holder dies, which suits a Thai spouse granting a foreigner the right to live there for life. A superficies, under Section 1410, lets a foreigner own a house or structure on someone else's land, and this right can be transferred or inherited.

Many buyers only know the word "lease," yet these two rights can be layered onto a lease to strengthen it. Registering a lifetime usufruct alongside a lease, for example, keeps the right to live there from resting on the 30-year ceiling alone.

Holding through a Thai company, and the illegal "nominee" line

Another route is to set up a Thai limited company that holds the land, with the foreigner owning no more than 49% of shares and Thai shareholders holding the rest. It sounds like a clean answer, but there is a dangerous line. If the company is formed only to hold land, does no real business, and the Thai shareholders are merely names on paper with no genuine control, it crosses into an illegal "nominee" arrangement under Sections 111 to 113 of the Land Code, which carry imprisonment and fines, and the land can be ordered sold off.

Through 2024 and 2025, the Land Department and related agencies stepped up checks on companies suspected of nominee structures. The company route should therefore involve a real business, with legal advisers overseeing the shareholding and the accounts, not a shell built to sidestep the ban on foreign land ownership.

Marriage to a Thai national

A foreigner married to a Thai can have the Thai spouse buy and hold the land. The important step is that both parties confirm to the land official that the purchase money is the Thai spouse's personal property, not shared marital property. The result is that the title deed carries the Thai spouse's name alone; the foreigner has no name on it and no ownership of the land.

Worth thinking through in advance is what happens on divorce or the death of the spouse, since the land belongs to the Thai party by law. A foreigner who wants security in the home often registers a usufruct or right of habitation alongside the purchase, so the right to stay survives a change in marital status.

The 40-million-baht route under Section 96 bis

The only route by which a foreigner can hold land in their own name is the investment route under Section 96 bis. The conditions: invest at least 40 million baht in Thailand in assets the state specifies, such as government bonds or approved funds, and keep the investment in place for at least five years. That allows ownership of up to one rai of land for residential use, in a designated area such as Bangkok, Pattaya, or a municipality.

What makes this route rare in practice is that approval is granted case by case by the Minister of Interior; it is not automatic once the money is in place. In reality, most people who meet this threshold still choose a condo or a long-term lease, because both are less cumbersome and give more usable space.

Inheriting as an heir

A foreigner can inherit land as a statutory heir of a Thai spouse or relative, but the law still caps residential holdings at one rai and requires permission from the Minister of Interior. Without permission, or where the land exceeds the limit, the foreigner must dispose of the excess within the period the law sets.

2025 update: the "30+30+30" 90-year lease is no longer enforceable

The property market has long marketed a "30+30+30" lease to foreigners, promising a 90-year term that feels like ownership. That changed with Supreme Court ruling No. 4655/2566, decided on 18 March 2025. The court held that any lease clause granting an automatic term beyond 30 years from the start date is void as to the portion exceeding 30 years.

The reasoning is that a pre-agreed promise to renew is only a personal contractual right, binding the original parties alone. It does not run with the land and does not bind a new owner if the land is sold or inherited, and it cannot be registered in advance at the Land Department. Put plainly: once the first 30 years end, the next 30 depend on whether the landowner at that time agrees, not on a right guaranteed at signing.

For anyone planning to stay long term, the practical takeaway is not to pay 90 years of rent up front on the assumption that the later 60 years are as secure as the first 30. Read the renewal terms closely, have a lawyer review before signing, and consider registering a usufruct or superficies alongside the lease for security beyond a renewal promise.

Does your nationality change the rules? Americans, Chinese, Russians, and others

Thai law does not hand out property rights by nationality. A Chinese, American, Russian, or any other national is treated identically: a condo can be owned within the building's 49% foreign quota, and land cannot be held in a foreigner's own name. No nationality has a special route to buying land.

Two things genuinely differ. One is the US-Thailand Treaty of Amity, the only nationality-specific privilege that actually exists, and the one most often misread. The other is how easily money can be moved into Thailand, which feeds straight into the FET Form requirement.

Americans and the Treaty of Amity: what it does and doesn't cover

The Treaty of Amity and Economic Relations between Thailand and the United States lets American citizens hold up to 100% of the shares in a Thai-registered company and operate in most business sectors on the same footing as a Thai national. No other nationality gets this.

The misreading is assuming it extends to land. It does not. A company formed under the Treaty of Amity still cannot own land in Thailand. Americans therefore sit under exactly the same property rules as every other foreign national: a condo within the quota, and a house or land only through a long-term lease, a usufruct or superficies, or the 40-million-baht route under Section 96 bis.

Chinese, Myanmar, and Russian buyers: the money-transfer hurdle

Data from Thailand's Real Estate Information Center (REIC) for 2025 shows foreigners took transfer of 14,899 condo units. Chinese buyers led with 4,940 units, around 33% of the total. Myanmar came second with 1,968 units, and Russia third with 1,172.

Legally, all three groups hold identical rights. The real difference is the route the money takes, because a condo purchase requires funds transferred from abroad to obtain the FET Form. Buyers from China have to plan the transfer well ahead, since China restricts outbound capital and caps how much foreign currency an individual may buy each year. Russian buyers have faced constraints on international banking channels and cross-border transfers since 2022, which makes proving the source of funds more cumbersome.

For these groups the obstacle is paperwork and the money trail, not the right to buy.

Other nationalities, including British, Indian, and Taiwanese buyers

The rules are identical, with no extra rights and no extra bans attached to nationality. The differences buyers actually run into come from visa and residency status, and from each bank's lending criteria, not from the land law.

If the question is whether your nationality can buy, the answer is the same for everyone. What is worth checking instead is the foreign quota of the project you want, and whether money can realistically be moved out of your home country.

LTR Visa and land rights for target groups

The Long-Term Resident Visa (LTR Visa), administered by the Board of Investment (BOI), launched on 1 September 2022, and the Cabinet revised its terms in January 2025 to make it more attractive. It grants residence for up to 10 years and targets four groups: wealthy global citizens, wealthy pensioners, work-from-Thailand professionals, and highly skilled professionals.

On property, some LTR Visa holders can request to own land for residence within the framework of Section 96 bis, alongside benefits such as a preferential income tax rate and exemption from 90-day reporting. The point to keep straight is that the visa does not open free land ownership to foreigners; it is a special channel that still sits under the same conditions and government approval.

Documents foreigners need to buy or rent property

The core documents a foreigner usually needs are:

• Passport, valid, with copies
• A valid residence visa, such as a Non-Immigrant Visa or LTR Visa
• The Foreign Exchange Transaction form (FET Form) for a condo purchase
• A work permit, where income earned in Thailand is used or a loan is sought
• Marriage certificate, if buying through a Thai spouse, with certified translation
• Company registration documents, if buying or leasing through a company

The transfer takes place at the Land Office for the district where the property sits, with buyer and seller present or represented, after paying the relevant fees and taxes, ending with a title deed or condominium ownership certificate in the new holder's name. For a long-term lease, register it at the Land Office, because a lease over three years that is not registered is only enforceable for three years.

Selling or renting to foreigners? What Thai owners should know

Thai owners who want to sell or rent to foreign clients have a few conditions to check before listing. For a condo, the first is whether the project still has foreign quota available, because a foreigner can't take freehold once the quota is full, and buyers should be told from the start that funds must arrive from abroad for the FET Form.

For a house with land, it helps to be clear that a foreigner can't take freehold title to the land in their own name. What can be offered is a long-term lease, or selling the house together with a superficies right. These options widen the pool of foreign buyers legally, and Thai owners should firmly avoid holding land on a foreigner's behalf as a nominee, since the risk falls on the Thai party whose name is used.

Why search for condos and rentals for foreigners on Talata

For a foreigner looking for a home in Thailand, Talata gathers condo listings for sale and house and condo rentals from many owners in one place, filterable by budget, location, and ownership type, so you can compare options and contact the owner directly. Before deciding, check the property details and the ownership terms carefully, compare several listings, and weigh whether buying a condo within the quota or taking a long-term lease works better for you.

For Thai owners with a condo in a project that still has foreign quota, or a house to rent out, listing the property with full details reaches foreign buyers and renters directly. Once you find the right option, or the right interested party, you can start the conversation on Talata.

Frequently Asked Questions

Can foreigners own a condo in Thailand 100%?

Yes. A foreigner can hold freehold title to a condo in their own name under the Condominium Act, as long as combined foreign ownership in the building stays within 49% of the sale area and the purchase money is transferred from abroad with an FET Form filed at the Land Department.

Can foreigners get a mortgage to buy property in Thailand?

Most Thai banks do not lend to foreigners for a house, because a foreigner cannot mortgage the land as security. Some lenders finance condo purchases for foreigners under specific conditions, such as holding a work permit for a period and paying a larger down payment. Terms vary by bank, so ask directly before you decide.

Is the "30+30+30" 90-year lease real?

A registered lease runs up to 30 years. The "30+30+30" structure marketed as 90 years was addressed by Supreme Court ruling No. 4655/2566 (2025), which held that automatic renewal promises beyond 30 years are unenforceable and do not bind a new landowner. Any further renewal depends on the landowner's agreement at that time, not a right guaranteed in advance.

Can Americans buy land in Thailand under the Treaty of Amity?

No. The Treaty of Amity lets Americans own up to 100% of a Thai company and operate in most business sectors, but it does not cover land ownership, and an Amity company cannot own land either. Americans are subject to the same property rules as every other foreign national: a condo within the 49% quota, and land only via a lease or the Section 96 bis route.

Can Chinese or other-nationality buyers purchase property in Thailand?

The rules are the same for all foreign nationalities, with no extra property rights or bans attached to nationality. Everyone can hold a condo within the 49% quota and cannot hold land in their own name, except through the 40-million-baht route under Section 96 bis. Chinese nationals are the largest group of foreign condo buyers in Thailand; the hurdle they face in practice is moving money out of China to obtain the FET Form.

Married to a Thai: whose name is the home in, and who keeps it after divorce?

The Thai spouse holds title to the land, and both parties must confirm the purchase money is the Thai spouse's personal property, so the foreigner's name is not on the deed. On divorce, the land remains the Thai party's by law. Foreigners who want security in the home often register a usufruct or right of habitation at the time of purchase.

Is it illegal for a Thai to hold land on a foreigner's behalf (nominee)?

Yes. Having a Thai hold land for a foreigner without genuine control is a nominee arrangement under Sections 111 to 113 of the Land Code, carrying imprisonment and fines, and the land can be ordered sold. The risk falls on both the Thai party whose name is used and the foreigner.

Can foreigners buy bare land in Thailand?

As a rule, foreigners cannot hold land title in their own name under Section 86 of the Land Code. The only exception is the 40-million-baht investment route under Section 96 bis, which allows up to one rai for residence and requires approval from the Minister of Interior.