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Can a foreigner buy property in Thailand? The answer is a qualified yes. While Thai law generally prohibits foreigners from owning land, the Condominium Act provides a clear, secure path to freehold ownership of apartments. For houses and land, alternate structures exist but require a higher level of due diligence. This guide breaks down the 2026 legal framework for expat property acquisition.
Never enter into a "Nominee Structure" where a Thai national holds land on your behalf while you provide all the funds. This is a criminal offence under the Land Code and can lead to immediate forfeiture of the property and criminal prosecution. Stick to JCI-accredited legal structures.
This is the most secure and popular way for foreigners to own property. According to the Condominium Act, a condominium building can be owned up to **49% of its total floor area** by foreigners. Once the "foreign quota" for a building is full, any subsequent foreign buyers must purchase under a leasehold structure.
The Chanote is the most secure type of land title in Thailand. It provides the owner with full rights over the property, including the right to sell, lease, and mortgage. When you buy a freehold condo, your name is registered on the back of this document at the Land Department.
Secure Freehold Asset
To register a condo in your name, the Land Department requires a **Foreign Exchange Transaction (FET)** form. This proves the funds were sent from overseas, in a foreign currency, specifically for the purchase of property.
Instruct your bank to include "To purchase Condo Name, Unit No." in the transfer remarks.
Failing to get an FET for the full purchase amount will block the title transfer at the Land Department.
If you wish to buy a house or a villa, you cannot own the land. The standard legal structure is for the foreigner to own the **building structure** (which is legal) and take a **30-year lease** on the land.
While 30 years is the maximum legal term, many developers offer "30+30+30" structures. These are contractual promises to renew, not automatic legal rights, and require careful legal vetting.
"Buying a villa in Phuket or Samui? Don't navigate the leasehold minefield alone. Lawyers for Expats Thailand provides independent legal due diligence for expat buyers."
Lawyers for Expats ThailandTypical closing costs at the Land Department
| Fee Type | Rate | Typically Paid By |
|---|---|---|
| Transfer Fee | 2% of Appraised Value | Shared 50/50 |
| Business Tax | 3.3% (if owned < 5 years) | Seller |
| Stamp Duty | 0.5% (if no Business Tax) | Seller |
| Withholding Tax | Progressive (approx 1%) | Seller |
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