The good news!  There are legal pathways to owning or securing property. It all comes down to planning the right structure from the start.

Understanding Freehold vs Leasehold

Before exploring your options, it is important to understand the two fundamental concepts of property ownership in Thailand.

Freehold means holding full legal title to a property indefinitely, with no time limit. The owner’s name is registered directly on the title deed at the Land Department. In Thailand, foreigners can hold freehold ownership of a condominium unit but generally cannot hold freehold ownership of land.

Leasehold means the right to use and occupy a property for a defined period of time. The land itself remains owned by the landowner. In Thailand, leasehold agreements are registerable for up to 30 years at the Land Department. It is important to understand that a leasehold is not ownership. It is a contractual right that expires at the end of the term.

Your Options as a Foreign National 

Condominium Foreigners can own a condo unit outright under their own name. Thai law allows foreign ownership of up to 49% of the total sellable area in any project. For example, in a 100-unit condo, foreigners can own up to 49 units. 

Long-term Lease Foreigners can lease land or a villa for up to 30 years. Although some agreements include a “30 + 30 years renewal” clause, Thai courts have Supreme Court Judgments that such renewals are void. For greater long-term security, it is advisable with these legal structures, such as:

• Superficies Right: The right to own buildings on the land, separately from land ownership.

✅ Registerable for a fixed term or for the lifetime of either party

✅ Transferable and inheritable 

✅ Ownership of building on the land 

❌ No ownership of the land itself

• Asset-Backed Right: The right to use and benefit from a property with security. 

✅ Enforceable against third parties and inheritable 

✅ Can be transferred, subleased, or mortgaged of the right

❌ No ownership of the land itself

❌ Maximum 30-year registration 

❌ No ownership of building when the right expires

• Usufruct Right: The right to use, occupy, and collect benefits from another person’s property. 

✅ Valid for your lifetime or a fixed term

✅ You may transfer the use of the right to a third party 

❌You is responsible for property management costs and taxes as well as the payment of interest on any debts attached to the property

❌ Cannot be mortgaged

❌ No ownership of building when the right expires

Establish Thai Company Setting up a Thai limited company is another structure used for holding property in Thailand. However, careful planning of the company structure, as well as proper tax management, is essential.

BOI Promotion Investors who qualify for BOI (Board of Investment) promotion may be eligible for additional rights, including the right to own land for business use. Eligible business types and investment conditions must align with BOI criteria.

The right structure depends on your goals. With proper legal advice and planning, securing property in Thailand as a foreigner is absolutely achievable.