Foreign Ownership of Land and Property in Thailand: Legal Guide
Can Foreigners Buy Land or Own Property in Thailand Through a Company?
Thailand is a popular destination for foreign investors and expatriates looking to live or do business. However, land ownership laws in Thailand impose significant restrictions on foreign ownership.
Here’s what you need to know about whether foreigners can buy land or own property in Thailand, especially through a Thai company.
✅ 1. Can Foreigners Buy Land in Thailand?
Under Thai law, foreigners are generally prohibited from owning land in their own name. However, there are limited exceptions and alternative legal structures available for foreign investors.
✅ 2. Using a Thai Company to Own Land: Is It Possible?
Some foreigners consider setting up a Thai company to purchase land, but this must be done very carefully and in full compliance with Thai law.
Here are key points:
- A Thai company must be majority-owned (at least 51%) by Thai nationals to purchase and own land legally.
- The company must be a genuine operating business, not just a nominee setup to hold land.
- Thai authorities (especially the Land Department) closely examine companies with foreign shareholders to prevent illegal nominee arrangements.
💡 Important: Using Thai nominees (Thais holding shares on behalf of foreigners) is illegal and can lead to severe penalties, including land confiscation.
✅ 3. What About Condominiums?
Foreigners can legally own condominiums in Thailand under the Condominium Act, provided that:
- Foreign ownership does not exceed 49% of the total floor area of the condominium building.
- The funds used to purchase the condominium must be transferred into Thailand in foreign currency (and properly documented).
Condominium ownership is the simplest and safest way for foreigners to own residential property in Thailand.
✅ 4. Are There Exceptions for Land Ownership?
In rare cases, foreigners may own land if they qualify under special laws:
- Board of Investment (BOI) promoted projects may allow land ownership for business purposes.
- Foreigners who invest 40 million THB or more in Thailand and get approval from the Ministry of Interior may own up to 1 rai (1,600 square meters) of land for residential purposes.
- Industrial Estates (IEAT) may allow 100% foreign-owned companies to own land for factory operations.
✅ 5. What About Long-Term Land Leases?
Since land ownership is restricted, many foreigners use long-term leases as an alternative:
- Land can be leased for up to 30 years, with an option to renew.
- Lease agreements should be properly registered at the Land Office.
- This is a common and legal way for foreigners to secure land use rights in Thailand.
🎯 Summary: Can Foreigners Own Property in Thailand?
| Property Type | Can Foreigners Own? | Notes |
|---|---|---|
| Land | ❌ No (with exceptions) | Possible via BOI or special investment only. |
| Land via Thai company | ⚠️ Only if majority Thai-owned & real business | Nominee arrangements are illegal. |
| Condominium (up to 49%) | ✅ Yes | Up to 49% of total condo space. |
| Land lease (up to 30 years) | ✅ Yes | Renewable, must be registered. |
| Industrial estate (for factories) | ✅ Yes (if IEAT-approved) | For industrial use. |
💼 How BRW Can Help You with Property and Business in Thailand
At BRW – Boonrawee Co., Ltd., we offer comprehensive legal, business, and property consulting services to support foreign investors and business owners looking to establish and grow in Thailand.
Our services include:
- Helping you understand and comply with Thai property and land ownership laws.
- Company registration and structuring for business and property purposes.
- Applying for BOI or IEAT promotions if land ownership or special privileges are needed.
- Drafting and reviewing land lease agreements to ensure legal protection.
- Finding suitable land or property locations that match your business needs (factory, office, or commercial spaces).
- Advising on site selection for business operations, including industrial estates, office buildings, and commercial zones.
- Providing architectural design and construction services for buildings, offices, and factories, including customized designs to meet specific business requirements.
- Coordinating with professional architects, engineers, and contractors to ensure your building project complies with Thai laws and standards.
📞 Contact BRW today for expert advice and a one-stop solution to establish your business and property in Thailand!
