Property Lawyers for Foreign Buyers in Thailand

Foreigners can own condominiums, but not land

Under the Condominium Act, foreign nationals may hold freehold title to a condominium unit, provided that no more than 49% of the total saleable floor area of the building is foreign-owned. This is the “foreign quota”, and it is the single most common reason a purchase fails late in the process. Before you transfer any money, the building’s juristic person must confirm in writing that quota space is available for your unit. We obtain that confirmation as part of our due diligence.

Land is different. Foreign nationals generally cannot own land in Thailand outright. The lawful alternatives are a registered long lease, a properly structured Thai company where the foreign shareholding is genuinely compliant with the Foreign Business Act, or ownership through a Thai spouse with the correct declarations. Structures that use Thai nominees to hold land on a foreigner’s behalf are illegal and can result in forfeiture — we will tell you plainly if a structure you have been offered falls into that category.

Money must arrive in the right form

To register foreign freehold ownership of a condominium, the Land Department requires evidence that the purchase funds were remitted into Thailand from abroad in foreign currency and converted to Thai baht. Your bank issues a Foreign Exchange Transaction certificate recording this. Buyers who transfer money in the wrong way, or who convert offshore before remitting, can find themselves unable to register the unit in their own name despite having paid in full. We confirm the remittance requirements with your bank before funds move.

Due diligence is where problems surface

A title search at the Land Department establishes who genuinely owns the property and whether it carries mortgages, liens, servitudes, court orders, or access restrictions. For off-plan and newly completed developments, we also examine the developer’s corporate standing, its construction permits, and the financial health of the juristic person that will manage the building — because unpaid common-area charges and unresolved permit disputes become the new owner’s problem.

Budget for transfer costs, and agree who pays

Transfer of ownership at the Land Department attracts a transfer fee calculated on the appraised value, together with stamp duty or specific business tax and withholding tax depending on how long the seller has held the property. These are frequently split between buyer and seller, but the split is a matter of negotiation and must be stated in the sale and purchase agreement rather than assumed. We calculate the expected total and put the allocation in writing before you sign.

Leases over three years must be registered

A lease of immovable property for more than three years is enforceable only for three years unless it is registered against the title deed at the Land Department. Long leases are commonly marketed as “30-year, renewable”; the initial 30-year term is enforceable if registered, but renewal promises are contractual rather than automatic and their enforceability against a future owner is limited. Anyone relying on a long lease as a substitute for ownership should understand that distinction before committing.