Can a Foreigner Own Land in Thailand? The Truth About Ownership and Risks

Land in Thailand

Can a Foreigner Own Land in Thailand?

The short and honest answer:


But if we look at real life rather than just a single line of law, foreigners have been owning houses, villas, and land-use rights in Thailand for decades — legally and peacefully. They simply do it differently.


The key point to understand from the start is this:

this is not about “everything being forbidden” or “foreigners always getting cheated.”

It’s about the fact that land and real estate are not the same thing, and land is governed by special rules.


Let’s break it down calmly, without myths or fear:

  • what is prohibited,
  • what is allowed,
  • which structures work,
  • and which ones are best avoided.

Why Foreigners Are Not Allowed to Own Land

Thailand is not unique. Many Asian countries restrict land ownership by foreigners. This is not hostility toward outsiders — it is state policy.

Land is considered a strategic national resource, and the government protects it from being bought up by foreign capital. That is why land ownership is reserved for Thai citizens.

But — and this is crucial — the restriction applies to land, not to housing in general.
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What Foreigners Can Legally Own in Thailand

Despite the land restriction, foreigners legally and widely own:

  • condominium units in full freehold ownership,
  • villas with long-term land leasehold,
  • houses through registered Thai companies,
  • property registered in the name of a Thai spouse with legal safeguards.
This is standard practice used by thousands of people — from retirees to investors with large portfolios.

The Most Popular and Safest Option: Leasehold

Leasehold is a long-term land lease, typically:

  • 30 years,
  • with the right to renew for another 30 + 30 years,
  • for a total potential term of up to 90 years.
In practice, this works as follows:
you buy a house or villa, and the land beneath it is leased under an official contract registered with the Land Department.

Such a lease:
  • is protected by law,
  • is tied to a specific land plot,
  • can be sold,
  • can be inherited,
  • is suitable for investment and rental.
Why leasehold is chosen most often:
  • fully legal and transparent,
  • no nominee owners required,
  • lower cost than complex ownership schemes,
  • easy resale,
  • well understood by buyers and lawyers.
Honestly speaking, for living or investing over 10–20 years, leasehold is usually the most reasonable and balanced solution.
Land in Thailand

Buying Land Through a Thai Company: Legal, but Not for Everyone

Another option is registering a Thai company that owns the land. A company is considered Thai if 51% of shares are held by Thai nationals.

Legally, this is allowed. Practically, it is a complex structure that is not suitable for everyone.

There are ongoing costs:
  • accounting and audits,
  • annual reporting,
  • taxes,
  • legal maintenance.
There are also risks if nominee shareholders are used, and nuances in control and governance.

This option makes sense if:
  • multiple properties are being purchased,
  • the property is used for business,
  • the investor understands the structure and is ready to maintain it.
For a single villa “for personal living,” this is usually excessive.

Ownership Through a Thai Spouse

If a foreigner is legally married to a Thai citizen, land can be registered in the spouse’s name.

Here it’s important to be very clear:
legally, the land belongs to the Thai spouse, not the foreigner.

That’s why additional documents are essential:
  • a prenuptial or postnuptial agreement,
  • proof of funds source,
  • protective legal agreements.
With proper legal support, this structure works — but it requires trust, transparency, and careful documentation.

Why Condominiums Are Much Simpler

Many people confuse land with apartments.

Foreigners can buy condominium units in full freehold ownership, permanently:
  • in their own name,
  • with inheritance rights,
  • with the right to sell or rent.
The only restriction is the 49% foreign ownership quota per building (by total floor area).
In practice, most projects still have available quota, and it is checked before any transaction.

This is why condominiums remain the most straightforward and secure entry point into Thai real estate for foreigners.

Common Myths That Scare Buyers

“Foreigners can’t own land at all”
They can — just not directly in their own name.

“Leasehold is unsafe”
When properly registered, it is legal, enforceable, and widely used.

“The government can take everything away”
There have been no cases of legally owned foreign property being confiscated.

“Registering in a Thai name is easier”
Easier — yes. Safer — no, without legal protection.

What Makes Sense in Practice

If we ignore theory and look at the real market:

  • for investment — freehold condos or leasehold villas,
  • for living — villas with long-term land lease,
  • company ownership — only for experienced investors or businesses.
The biggest mistake is trying to “outsmart the system” or save money on lawyers. Thailand is friendly, but legally it does not tolerate improvisation.
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Conclusion

A foreigner cannot own land in Thailand directly — but this does not prevent owning houses, villas, and real estate legally, calmly, and for decades, with resale rights.

Leasehold, corporate structures, and family-based ownership are not loopholes, but official tools — when used correctly.

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