By Hero Realtor · Updated 11 October 2026
This guide explains each legal route, the risks that come with it, and why nominee structures have become dangerous. It is general information as of October 2026, not legal advice. Thai property law and enforcement change, so confirm details with a Thai-licensed lawyer before you commit.
Can foreigners own land in Thailand?
No, not as a general rule. Section 86 of the Land Code bars foreign nationals from acquiring land. The exceptions are narrow: investors with permission from the Board of Investment (BOI) or the Industrial Estate Authority of Thailand (IEAT) for business use, and the Section 96 bis route for residential land. If you are buying for a business, see our guide to getting a factory license in Thailand.
What are the legal ways for a foreigner to hold a house or land?
| Route | What you get | Duration | Main risk |
|---|---|---|---|
| Condo (freehold) | Ownership of the unit | Indefinite | Building's 49% foreign quota may be full. See condo ownership for foreigners. |
| Registered leasehold | Right to use the land and own the house on it | Up to 30 years | Renewal clauses may not be enforceable. |
| Usufruct | Right to live in and use the property | Up to the holder's lifetime | Generally ends on death and is not inherited. |
| Superficies | Right to own structures on someone else's land | Fixed term or lifetime | Depends on the landowner and the registered terms. |
| Section 96 bis | Ownership of a small residential plot | While conditions are met | Requires about 40 million baht of approved investment held for at least 5 years, plus approval. |
| Thai spouse | Thai spouse owns the land | n/a | The foreign spouse has no legal claim. |
Summary only. Conditions, fees and terms vary and should be verified with a Thai lawyer and the Land Office.
How does a leasehold work for a house in Thailand?
A lease of immovable property over three years must be registered at the Land Office, otherwise it is enforceable for only three years. The maximum term is 30 years. A common structure pairs a registered lease on the land with a registered right to own the house. Before signing, check:
- The title deed type and that the land has no mortgage or disputes.
- Zoning and building rules for the plot (read land zoning in Thailand).
- That the lease and the house ownership are both registered, not just promised in a side contract.
- Prepaid rent exposure and what happens if the landowner sells or dies.
- Annual taxes and fees (see Thailand land and building tax, transfer fees and taxes and the transfer tax calculator).
Our guide to leasehold or freehold in Bangkok compares the two in more depth.
Why are nominee structures risky?
Some buyers use a Thai company with Thai nominee shareholders to hold land. This is illegal. Authorities have stepped up enforcement, and an August 2026 Ministry of Interior circular directs land officers to screen companies holding land and to file criminal complaints where a company was set up to hold land for a foreigner. Consequences can include forced disposal of the land and prosecution of those involved. Anyone already in such a structure should take independent legal advice.
Which option suits which buyer?
- Living in Bangkok, want simplicity: a condo. Compare it with a house in condos vs townhouses.
- Want a detached house or townhouse: registered leasehold or superficies with a lawyer-drafted contract. Browse houses in Krungthep Kreetha, Bang Na and Nonthaburi.
- Not sure you will stay long: renting may beat buying. See buying vs renting property in Thailand and renting vs buying a condo.
- Buying for business: ask a lawyer about BOI or industrial estate routes.
Frequently asked questions
Can foreigners own land in Thailand?
Generally no. The Land Code prohibits foreign ownership of land, with narrow exceptions such as BOI or industrial estate permission and the Section 96 bis investment route. Foreigners can, however, legally own a condo unit and a house building.
Can a foreigner own a house in Thailand?
Yes, the building itself can be owned by a foreigner, but the land underneath cannot. The usual structure is a registered leasehold, usufruct or superficies over the land, with the house registered in the foreigner's name.
How long can a foreigner lease land in Thailand?
The maximum registered lease term is 30 years. Clauses promising automatic renewals are only contractual promises and may not be enforceable, and proposals for 99-year leases have not become law as of this writing.
Can I buy land through a Thai company?
A company that is effectively controlled by foreigners is treated as a foreign national for land purposes. Using Thai nominee shareholders to hold land is illegal and is being actively enforced, with forced disposal of the land and criminal complaints possible.
Can I buy land with my Thai spouse?
A Thai spouse can own land, but the foreign spouse has no ownership claim. The Land Department usually requires the foreign spouse to sign a statement that the funds are the Thai spouse's separate property.
