Information & Resources for Thailand Real Estate Agents & Property Developers.
Buying property in Thailand does have some legal complexities, depending on whether it is a house, condo or apartment, or land.
This page provides a brief guide to the legal aspects of buying property in Thailand.
The options for a foreigner buying property in Thailand (including land) are outlined below:
Registered Thai Company
The property is owned by the Thai limited company you have registered. The majority stake in the company is held by Thai shareholders. You structure the company formation to ensure that, whilst your stake is no more than 39%, the voting rights are weighted so that you retain the controlling interest in the company.
Thai Marriage
Ownership of the Thai property is registered in your Thai spouse's name. The foreign, usually, husband is required to sign a declaration that the property was purchased with funds belonging to his wife. He waives any right at all to ownership of the property.
Leasing
Thai law allows a foreigner to acquire Thailand land through a 30 year lease with an option to renew for a further 30 years twice, if agreed, giving a total of 90 years, effective ownership.
Structure Ownership
A Thai company or the Thai spouse of a foreigner may grant a Right of Superficies in favour of the foreigner, giving him the right to personally own all constructions on the land. A foreigner can be registered as the owner of a house without owning the land. The Right of Superficies can be conceded for 30 years and can be renewed for another 30 years, if agreed.
Condos
Foreigners are legally entitled to have full ownership of Thailand apartments in registered condominium buildings or 'condos' for short. The amount of foreign ownership within the development is limited to 49%.
Investment (BOI)
A foreigner who invests 40 million Baht or more over 5 years can buy up to one rai of Thailand land for residential use. Requires approval from the Board of Investment (BOI).
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