First of all, the title is a bit misleading. At the end of the day it is not allowed for foreigners to own property in Thailand, but there are legal openings that you can enjoy. These are the 3 most common ways foreigners are purchasing property in Thailand.

Foreign Freehold
Foreigners can own a condo in a Condominium-building. Here, 49% of the total living space can be owned by foreigners. Meaning roughly 49 condos in a condominium-building with 100 units. This is what is referred to as the Foreign Freehold-quota.

If you are not within the Foreign Freehold-quota of the condominium, or you want to buy a house, there are other ways to go.

Leasehold – 30 years
An alternative is what is referred to as Leasehold-Ownership. This is a 30 years leasehold-contract that is registered at the local Land Office.

30 years is the maximum allowed leasehold, but some developers do offer 60 or 90 years leasehold-contracts by offering extensions (30+30+30 years). It must be noted that this is not a secure option as you are only secured for the first 30 years.

Thai Freehold – opening a Thai company
In addition to Leasehold, purchasing a house and property, or a condo within the 51% Thai-quota of a condominium is sometimes done by establishing a Thai-company. This is a normal practise for many, but a tricky route to travel of several reasons.

First of all you can only own 49% of the company. The remaining 51% must be owned by Thai citizens. Meaning that you do not have full control of your company and your property. Secondly, it is illegal to use Thai nominees to hold shares. A nominee is a Thai person that has no real interest and benefit from holding the shares, but using his Thai citizenship to help foreigners hold land.

Buying property via a Thai-company may be considered normal, but it is a rocky road to travel. Consult a proper lawyer or good consultant before deciding. In future blog-posts we will explore this matter more thoroughly.

3 things to keep in mind when buying property:

  • Foreign Freehold is the only legal way to own – the only way you can own property is within the 49% foreign freehold quota of a condominium building.
  • Leasehold is a good and secure option for 30 years – don’t agree to and pay for 60 or 90 years deals.
  • Owning via a Thai Company is a complicated process – don´t jump on this structure unless you have a good Thai partner and a good plan for how to do it legally correct.

This is only brief beginner information, and we will explore these common ways of “owning” and others further in future posts.

If you are interested in purchasing a holiday home or investment in property in Thailand remember that normal does not make it legal. Seek knowledge from verified people, and find a good adviser or professional broker to assist you.