Thailand’s beautiful beaches, warm weather, and affordable lifestyle have made it a favourite for international investors. But one key question remains: Can foreigners legally buy property in Thailand? The answer is yes — with some conditions. Foreigners can own property, but there are clear rules, especially around land ownership. In this guide, we’ll break down everything you need to know about foreign property ownership in Thailand, including your options, the legal structure, and how to protect your investment.
What Property Can Foreigners Own in Thailand?
✅ Condominiums – The Easiest Option
Under the Thai Condominium Act, foreigners can legally own condo units in their name. To qualify:
- Foreign ownership must not exceed 49% of the building’s total sellable space
- Funds must be sent from overseas in foreign currency
- A Foreign Exchange Transaction Form (FETF) is required for legal proof
This is the most straightforward and safest method of foreign property ownership in Thailand.
✅ Leasehold Land – Ideal for Villa Buyers
While foreigners can’t own land outright, they can lease it long-term from a Thai national or developer. This is commonly used for villa ownership in popular areas like Phuket and Koh Samui.
Typical structure:
- 30-year lease registered at the Land Office
- Optional renewals (often 30+30 years)
- Full ownership of the villa/building (not the land)
Leasehold agreements are popular among foreign investors seeking private villas.
⚠️ Company Ownership – Legal, but Risky
Some foreigners create a Thai Limited Company with majority Thai shareholders to purchase land. While technically legal, this route carries significant risk:
- Thai nationals must own at least 51%
- The company must conduct genuine business
- Using “nominee shareholders” is illegal under Thai law
If considering this option, always consult a property lawyer experienced in Thai corporate and land law.
💍 Buying Through a Thai Spouse
If you’re married to a Thai citizen, your spouse can legally own land in their name. But be aware:
- The land will be registered under your spouse only
- You must declare the funds used are your spouse’s
- You cannot claim ownership of the land
Foreign spouses often protect their interests through leasehold or a usufruct agreement (the right to use and live on the property).
Other Legal Options for Foreign Buyers
Thailand also offers tools that allow long-term use of land or property:
- Usufruct: Right to use or reside on land for up to 30 years (or life)
- Right of Superficies: Lets you own a building on someone else’s land
- Right of Habitation: Allows personal use of a house (non-transferable)
These are smart legal alternatives if direct land ownership isn’t possible.
Important Legal Tips
To ensure secure foreign property ownership in Thailand, always:
- Hire a licensed Thai property lawyer
- Conduct a thorough title deed check
- Register long-term leases officially
- Keep all contracts and payments documented
- Avoid verbal or off-record agreements
What’s the Best Option?
- Want simplicity? → Buy a condo
- Want a villa lifestyle? → Go for leasehold with proper legal protections
- Want long-term rental income? → Work with experts to structure it right
Final Thoughts: Yes, Foreigners Can Own Property in Thailand
Foreigners can legally buy property in Thailand—with the right legal approach. Whether it’s a stylish condo by the sea or a tranquil leasehold villa, the key is knowing your options and protecting your rights.
🏝️ Need Expert Help?
At Inter Property Phuket and Inter Property Koh Samui, we assist international buyers with safe, transparent property solutions—from condo purchases to leasehold villas and full rental setup.
👉 Contact us today to explore your options for foreign property ownership in Thailand.
