What You CAN Own
Condominium -- Freehold
Foreigners can own condominium units outright under the 1979 Condominium Act. This is full freehold ownership -- inheritable, sellable, no time limit.
Condition: Maximum 49% of the total sellable area in any single building can be foreign-owned (the "foreign quota"). Always check the quota status before buying resale.
Requirement: Purchase funds must be transferred from overseas, documented via a Foreign Exchange Transaction form (Thor Tor 3).
What You CANNOT Own
Land -- Prohibited
Foreigners cannot own land in Thailand under the Land Code Act. This means you cannot own houses, villas, or any structure that sits on land you don't own.
Workaround Structures
Leasehold (30 years)
You can lease land and buildings for up to 30 years, renewable for two additional 30-year terms (total 90 years). However, renewals are NOT guaranteed -- they depend on the lessor's heirs honoring the agreement.
Thai Company Structure
A Thai limited company can own land. The company must have at least 51% Thai shareholders. However, nominee arrangements (where Thai shareholders have no real interest) are technically illegal and increasingly enforced.
BOI Investment
Large qualifying investments through the Board of Investment can grant land ownership rights. This is rare for residential purchases.
Transfer Costs & Taxes
| Fee | Rate | Who Pays |
|---|---|---|
| Transfer fee | 2% of appraised value | Typically split 50/50 |
| Specific Business Tax | 3.3% (if sold within 5 years) | Seller |
| Stamp Duty | 0.5% (if exempt from SBT) | Seller |
| Withholding Tax | 1% (company) or progressive (individual) | Seller |
Total buyer-side cost: approximately 1-2% plus lawyer fees.
Do I Need a License to Be an Agent?
No. Thailand has no mandatory real estate agent licensing. Anyone can operate as a property agent or broker. Differentiation comes from trust, transparency, and expertise.
Our "Can I Buy This?" Badge
Every listing on BaanRow shows a clear ownership badge:
- Freehold -- Foreigners can own
- Leasehold -- 30-year lease
- Company structure
No surprises. You know exactly what you're getting before you inquire.