Foreign ownership in Thailand, explained without jargon

Under Thailand's Land Code, foreigners cannot own land in their personal name, with only narrow exceptions (a BOI-promoted investment of ฿40M+ allows up to 1 rai for residence — rarely used in practice). Everything else in Thai property law for foreigners is a legal structure built around that rule. There are three mainstream structures, and every listing on this site tells you which one applies before you enquire.

The Condominium Act allows foreigners to own condominium units outright — your name on the title deed, registered at the Land Office, inheritable and sellable like property at home. The limit is per building: foreigners may own at most 49% of the total floor area of a condo project. Units sold within that allowance are "Foreign Freehold" (FF); once the quota is full, remaining units can only be sold to foreigners as leasehold, often at a 10–15% discount.

Two conditions: the building must be registered under the Condominium Act (a "condo licence" — not every apartment building has one), and your purchase funds must arrive from abroad in foreign currency, evidenced by an FET form. Foreign Freehold is the cleanest structure available to foreign buyers and usually worth the premium.

Since you can't own the land under a villa, the standard structure is a 30-year lease registered on the title deed at the Land Office. A registered lease is a real property right: it survives the sale of the land and can be assigned or sublet if the contract allows. You can separately own the building in your own name (registered via the building permit or a sale agreement), which strengthens your position.

What about "30+30+30"? Contracts often include two renewal options, but be clear-eyed: only the first 30 years is registered and guaranteed. Renewal options are contractual promises by the landowner — enforceable against that owner in principle, but untested against successors and not registrable in advance. Thai courts have historically declined to enforce structures that try to make leases perpetual. Price leasehold accordingly: you are buying a long, secure right of use, not land.

Well-structured leasehold villas add protections worth asking about: ownership of the building in your name, a right of superficies or usufruct, options to convert if the law changes, and lease terms that bind buyers of the freehold.

You'll see villas offered "freehold via Thai company": a Thai limited company owns the land, the foreigner holds 49% of shares plus practical control through preferred voting rights, and the other 51% sits with Thai shareholders. Here is the honest version: using Thai nominee shareholders who have no real stake is illegal under the Foreign Business Act and Land Code, and enforcement, while historically rare, has tightened — with land-holding companies facing scrutiny of whether Thai shareholders genuinely invested.

A company structure can be legitimate when the company runs a real business (e.g. a licensed rental operation) with genuine Thai partners, proper accounting and annual filings (budget ฿30,000–60,000/year). As a pure ownership wrapper for a holiday home, it carries legal risk that leasehold and Foreign Freehold do not. We show "Company" ownership transparently on listings so you can weigh it — with your own lawyer, not the seller's.

Thai law offers registrable rights that often accompany a lease: superficies (the right to own buildings on someone else's land), usufruct (the right to use and enjoy the property, up to life), and habitation. A lease plus superficies over the building is a materially stronger package than a lease alone. If you are buying with a Thai spouse, note that land bought during marriage in the spouse's name requires you to sign a declaration that the funds are their separate property — get independent advice first.

A rough decision guide, not legal advice:

• Buying a condo, want maximum security: Foreign Freehold within quota. Check the quota balance during due diligence.
• Buying a villa to live in or hold long-term: registered 30-year lease + building ownership + superficies, from a landowner with a clean Chanote title.
• Buying a villa to run as a genuine rental business: a properly capitalised Thai company may be defensible — take specialist advice.
• Any structure: use an independent lawyer, verify the title at the Land Office, and remit funds from abroad with the correct paperwork.