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Foreign Property Ownership in Thailand.

The lawful routes to foreign property ownership in Thailand, what a lawyer verifies, drafts and registers for each one, and why nominee structures get unwound.

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Key facts

Can a foreigner own property in Thailand?
A condo unit yes, outright, within a building's 49% foreign quota. Land generally no: the lawful routes are a registered lease, usufruct or superficies, or the narrow statutory exceptions such as Section 96 bis.
What does a lawyer actually do here?
Fits a lawful route to your case, verifies it against the quota and the title, drafts the lease or ownership documents so they are registrable, and registers them at the Land Office.
What does registration cost?
The Department of Lands charges 2% of the appraised value to register a transfer and 1% of the total rent to register a lease. Professional fees vary by firm and by scope.

Foreign property ownership, done properly.

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Foreign property ownership in Thailand: the routes a lawyer can set up

Foreign property ownership in Thailand runs through a short list of lawful routes. The Department of Lands recognizes condominium units held within a building's 49 percent foreign quota, residential land up to 1 rai tied to a prescribed investment under Section 96 bis of the Land Code, inheritance as a statutory heir, and holdings under investment-promotion projects. Around the land itself sit registered rights: a lease for a fixed term, a usufruct that gives you the use of the property, or a superficies that lets you own the house on someone else's land. Our guide to how foreigners can buy property explains the rules behind each route.

This page covers the structuring work: a lawyer taking your situation, choosing the route that actually fits it, and then papering and registering that route so it holds. The rules are public. The engagement is fitting them to one buyer, one property, and one set of documents at the Land Office.

The lawful ownership routes, side by side

Ownership rules from the Department of Lands guidance on land and condominium ownership by foreigners; registration fees from the Department of Lands fee schedule.

Freehold condo
What you hold: The unit outright, in your own name
How it is registered: Transfer registered at the Land Office; 2% transfer fee on the appraised value
Key limit: Foreigners together may hold at most 49% of the building's unit area, and the purchase money must arrive from abroad in foreign currency
Registered lease
What you hold: A right to occupy for a fixed term; the land stays with the owner
How it is registered: Lease registered against the title deed; registration fee 1% of the total rent
Key limit: A contract right, not ownership; term limits and renewals are set by law and by drafting
Usufruct or superficies
What you hold: Usufruct: the use and benefit of the property. Superficies: ownership of structures on another person's land
How it is registered: Registered against the title deed at the Land Office
Key limit: The right is only as good as its registration and its wording
Section 96 bis investment
What you hold: Residential land up to 1 rai, owned in your name
How it is registered: Acquired with permission under the Land Code, tied to a prescribed investment
Key limit: Narrow eligibility; the investment condition must be met and evidenced
Inheritance or investment promotion
What you hold: Land as a statutory heir, or holdings under an investment-promotion project
How it is registered: Registered through the Land Office under the specific statutory basis
Key limit: Available only in the circumstances the law defines

Warning: Nominee structures are the route that fails

The arrangement that keeps resurfacing is land held by Thai shareholders or a Thai company that fronts the ownership while a foreigner keeps the money and the control. The Department of Lands maintains standing measures against land held on behalf of foreigners, and registrars examine where a Thai buyer's funds come from. A structure built to disguise foreign control can be unwound, and the money paid into it is what gets lost. If a firm's proposal only works because nobody looks too closely, that is the risk, not the service. A lawyer can tell you which lawful route your situation actually supports.

Your options

Contact experts who handle foreign property ownership in Thailand

A first shortlist from 3 firms on Justenda. Compare them, then message one or several at once.

GPS Legal

Consultation from ฿3,125 · 30 min
Law firmBangkokEnglish · Thai · Swedish

Bangkok-based law firm delivering strategic, business-focused legal advice with deep local expertise and a practical, solutions-oriented approach.

฿3,50015,000 / hour

Law firmBangkokEnglish · Thai · Spanish

Experts assisting clients in conducting their businesses and protecting their rights and investments in Thailand across a wide range of legal matters.

How a structuring engagement runs

The work follows the same arc whichever route fits. First the lawyer establishes what you are trying to hold and for how long: a condo to live in, a house on land you cannot own, land tied to an investment. Then they verify the route against the facts. For a condo that means the building's current foreign-quota balance and the foreign-currency remittance evidence the Land Office will ask for. For a lease, usufruct or superficies it means the title deed, existing encumbrances, and whether the person granting the right actually owns what they are granting. For the investment routes it means the eligibility conditions and the evidence behind them.

Only then does drafting start. A lease, usufruct or superficies lives or dies on its wording and its registration, so the documents are drafted for the Land Office, not just for the two signatures. Some routes end at the registrar's counter; a contract that never gets registered protects far less than most buyers assume. The wider journey from reservation to transfer day is covered on our property purchase services page, and the leasehold versus freehold guide weighs the two main structures against each other.

From situation to registered structure

  1. Route assessment

    What you want to hold, for how long, and with what money. The answer rules most routes out and usually leaves one or two that fit.

  2. Verification against the quota and the title

    The condo building's foreign-quota balance, the title deed and its encumbrances, the grantor's ownership, or the investment evidence, depending on the route.

  3. Drafting the instruments

    The sale contract, lease, usufruct or superficies agreement, and any consents or powers of attorney, drafted to be registrable.

  4. Registration at the Land Office

    Transfers, leases, usufructs and superficies are registered against the title deed where the route requires it. The official standard for an ordinary transfer needing no proclamation is 2 hours, and the fees are paid at the counter.

  5. The evidence file

    The registered documents, the receipts, and for a condo the foreign-currency remittance evidence. This file is what proves the structure later, when you sell, extend, or inherit.

When the structuring work earns its fee

The cheap mistakes in this area are all made early: a deposit paid before anyone checked the quota, a long lease signed but never registered, a right granted by someone who did not own the land, or a company set up to hold land it was never allowed to hold. Unwinding any of these costs more than structuring the deal correctly would have.

A property lawyer can assess which route your situation supports, verify it against the title and the quota, draft the instruments so the registrar accepts them, and attend the Land Office for you by power of attorney. Firms scope and price this work differently, which is worth comparing before you commit.

This page is general information, not legal advice. Ownership rules, fees and procedures change; for a specific purchase or structure, speak with a qualified professional.

Also listed

More firms that handle foreign property ownership

Every one of these is verified on Justenda and can take on foreign property ownership work in Thailand.

GPS Legal

Consultation from ฿3,125 · 30 min
Law firmBangkokEnglish · Thai · Swedish

Bangkok-based law firm delivering strategic, business-focused legal advice with deep local expertise and a practical, solutions-oriented approach.

฿3,50015,000 / hour

Law firmBangkokEnglish · Thai · Spanish

Experts assisting clients in conducting their businesses and protecting their rights and investments in Thailand across a wide range of legal matters.

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Common questions

Frequently asked questions

What is the safest way for a foreigner to own property in Thailand?
A condominium unit bought within the building's 49 percent foreign quota is the one route that gives a foreigner outright ownership in their own name, registered at the Land Office. Routes around land, such as a registered lease, usufruct or superficies, give defined rights rather than ownership, and their strength depends on correct drafting and registration. Which fits best depends on the property and your plans, which is what a structuring engagement works out.
Can a lawyer set up land ownership through a Thai company?
A company with genuine Thai ownership and a real business can hold land. What the Department of Lands acts against is the nominee version: Thai shareholders fronting for a foreigner who supplies the money and keeps control. Registrars examine the source of Thai buyers' funds, and a structure built to disguise foreign control can be unwound. A lawyer can assess whether a corporate holding is genuine in your case or whether a registered lease or other route fits better.
What is the difference between a usufruct and a superficies?
A usufruct gives you the use and benefit of another person's property for its term. A superficies lets you own structures, such as a house, on land that belongs to someone else. Both are rights registered against the title deed at the Land Office, and both depend on their wording and their registration, which is why they are drafted for the registrar rather than copied from a template.
What is the Section 96 bis investment route?
Section 96 bis of the Land Code allows a foreigner to acquire up to 1 rai of residential land with permission, tied to a prescribed investment. The Department of Lands lists it among the narrow exceptions to the general rule that foreigners cannot own land. Eligibility is tight and the investment condition has to be met and evidenced, so a lawyer verifies the requirements against your facts before the route is relied on.
Does a lease have to be registered at the Land Office?
A long lease is registered against the title deed at the Land Office, and the Department of Lands charges a registration fee of 1 percent of the total rent. A lease that is signed but never registered protects far less than most tenants assume, which is why registration is part of the engagement rather than an optional extra. Term limits and renewal drafting are part of the same work.

All firms

Every firm that can help you with foreign property ownership

GPS Legal

Consultation from ฿3,125 · 30 min
Law firmBangkokEnglish · Thai · Swedish

Bangkok-based law firm delivering strategic, business-focused legal advice with deep local expertise and a practical, solutions-oriented approach.

฿3,50015,000 / hour

Law firmBangkokEnglish · Thai · Spanish

Experts assisting clients in conducting their businesses and protecting their rights and investments in Thailand across a wide range of legal matters.

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Practical explainers on this topic: general information, not professional advice.

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