THAI LAW resources and non-commercial legal information in English for foreigners (by lawyers). Practical legal knowledge about real estate law, family and company related laws in Thailand. Useful information to help you understand restrictions on foreign ownership, types of ownership, the concept of lease, forming a business and real estate ownership via Thai incorporated companies. CLICK continue reading for more selected articles.

Foreigners are not allowed to own land in Thailand.  In theory individual foreigners can own land (non-inheritable) up to 1 rai (1600 square meters) for residential purposes in specified areas through a Board of Investment regulation (section 96 bis Land Code Act), which requires approval of the Minister of Interior and a 40 million baht investment into Thailand in specified assets or government bonds beneficial to the Thai economy...

Foreign natural and juristic persons can obtain individual freehold ownership of a unit in a condominium registered under the Condominium Act. This includes co-ownership in the common areas, such as hallways and land. The main document of ownership of an apartment unit in Thailand is the condominium unit title deed issued and administrated by the local Land Office. The main requirements for foreign ownership under the Condominium Act are...

Hire of immovable property (land, house, condominium) for residential purpose by foreigners is governed by Civil and Commercial Code (sections 537 to 571) and further specified by the Thailand Supreme Court. Foreigners are under Thai law allowed to lease real estate property for up to 30 years and the law is applied in the same manner if the lessee is a foreign or Thai national. A contract for hire or lease is an important document that specifies the terms of the rental/ lease arrangement. Under the Thailand Civil and Commercial Code the fundamental principles of hire of property in Thailand are...

In a standard situation a real estate sale involves land and house, but ownership over a house in Thailand can be transferred separate from the land it stands on. Land and house could have different owners. In case ownership of a house is transferred separate from the land the transfer procedure must also be in writing and registered with the competent authority (i.e. the Land Department's branch or provincial office). 

Foreigners married to a Thai national can't own land themselves but the Land Department will allow transfer of ownership of the land to the Thai national who is married to a foreigner after a joint statement 'letter of confirmation' by the couple stating that the money expended on the land is personal property of the Thai spouse. This procedural requirement is based on a regulation issued by the Ministry of Interior (March 1999), which is based on the principle of section 1472 of the Civil and Commercial Code that if personal property has been exchanged for other property during the marriage (in this case land) that property becomes and remains a personal property, and not a joint marital property between husband and wife. This way the foreign spouse does not obtain ownership rights in the land based on Thai family laws, ‘property between husband and wife’.

Up to the May 2006 Land Office guidelines it was common practice for foreigners to purchase land or condominium beyond the foreign ownership quota through a majority Thai owned but foreign controlled limited company. As long as the company had majority Thai shareholdings there were no restrictions when purchasing a property and the partly foreign owned company was treated as any other Thai company. Currently the government is restricting the misuse of Thai companies by foreigners by enforcing laws that previously were not enforced. Under these laws they specify the procedures for the officials to follow when dealing with partly foreign owned companies registering land or rights over land. In this case the Thai shareholders in the company will be investigated to determine if they are not acting as nominee shareholders on behalf of foreigners.