Foreigners cannot own freehold land in Thailand, but can own condominium units outright (freehold), subject to the rule that foreign ownership within any single condo building cannot exceed 49% of total saleable floor area. Foreigners wanting a house or land-based property typically use a long-term leasehold (up to 30 years, renewable by separate agreement but not guaranteed), a Thai company structure holding the land (heavily scrutinized by authorities and legally risky if used as a nominee arrangement), or, for BOI-promoted investors and some LTR visa categories, limited routes to greater land rights. Proposals to raise the foreign condo ownership quota above 49% or allow limited freehold land ownership for large qualifying investors have been discussed periodically by the Thai government but had not been enacted into general law as of mid-2026.
The 49% foreign quota per condo building is the single most important number for any foreign buyer — once it's filled, only leasehold or Thai-national co-ownership options remain in that specific building, regardless of your budget.
Key Facts
Foreigners can hold freehold (outright) ownership of condominium units, capped at 49% of total saleable area per building under the Condominium Act.
Foreigners cannot directly own freehold land; house/land purchases require leasehold structures (commonly up to 30 years) or, controversially and legally risky, Thai company nominee structures.
Funds used to purchase a condo as a foreigner must be remitted from abroad in foreign currency, evidenced by a Foreign Exchange Transaction (FET) form or equivalent bank document — this is mandatory for Land Department registration.
Using a Thai company purely as a nominee to hold land on behalf of a foreigner is illegal under the Land Code and has been subject to periodic crackdowns.
Proposals to raise the condo foreign-ownership quota or grant broader land rights to qualifying large investors have been discussed but not enacted as of mid-2026.
Steps
Check the building's foreign quota — Before committing, confirm with the condo juristic office that foreign-owned units remain under the 49% cap.
Remit funds correctly — Transfer the full purchase price from abroad in foreign currency and obtain the FET form/bank confirmation letter needed for Land Department registration.
Register transfer at the Land Department — Complete the ownership transfer with the FET documentation, passport, and sale contract at the local Land Office.
Required Documents
Foreign Exchange Transaction (FET) form or bank credit note confirming funds were remitted from abroad
Passport
Sale and purchase agreement
Condo juristic person's confirmation the foreign quota is not exceeded
Common Mistakes
Using a Thai company structure to hold land as a disguised nominee arrangement — this is illegal and has led to enforcement action and forced divestment in past crackdowns.
Not obtaining the correct Foreign Exchange Transaction documentation when wiring funds, which can block Land Department registration of condo ownership.
Assuming leasehold agreements guarantee renewal — most 30-year leases have renewal terms that are contractual promises, not guaranteed rights enforceable against a new owner.