What a Foreigner Can Own in Thailand in 2026: Condo Freehold, the 49% Quota and Why Land Is Off Limits
A foreign individual can own a condominium unit in Thailand outright, registered in their own name at the Land Office, provided two conditions hold: foreigners together own no more than 49% of the building’s total unit floor area, and the purchase money arrives from abroad in foreign currency. Land is a different matter. A foreign individual cannot own land in Thailand, so a villa is normally bought as a registered lease of the land plus ownership of the house that stands on it.
That framework has not changed in 2026. The government proposed 99-year leases and a 75% condominium quota in June 2024, but as of October 2026 neither has been enacted. Below we go through what each rule means in practice, where the real exceptions sit, and which claims from listings and brochures you can safely discard.
This guide is written for individuals buying a home or an investment unit in Phuket, Bangkok, Pattaya or Koh Samui. It is not legal advice. Every purchase should go through an independent Thai lawyer, and we repeat that below because the cost of skipping it can be the property itself.
Condominium freehold under the Condominium Act
The legal basis is the Condominium Act B.E. 2522 (1979). Under it a foreigner may hold a condominium unit as freehold, in their own name. Freehold here means the unit title deed carries your name. With it you own a share of the building’s common property in proportion to your unit’s floor area, and you hold votes in the juristic person, the co-owners’ legal entity that manages the building and collects the common fees.
Section 19 of the Act lists who qualifies. The categories include foreigners with permanent residence in Thailand, foreigners admitted under investment-promotion law, and foreigners who bring foreign currency into Thailand or pay from a foreign-currency account or a non-resident baht account. Almost every overseas buyer uses the last route: foreign currency brought in from abroad.
If a foreign owner dies
A condominium unit can pass to a foreign heir, but only if the heir is personally eligible and the registration keeps the building within its foreign quota. An heir who does not qualify, or whose registration would push foreign ownership above 49%, must notify the authorities and dispose of the unit within one year. The Land Department has accepted that the heirs of an owner who bought through the foreign-currency route step into that owner’s rights. This guidance dates from 2013, so a will that covers a Thai unit should be reviewed by a Thai lawyer rather than assumed to work.
The 49% foreign quota, and when it is checked
Section 19 bis caps foreign ownership in one condominium project at 49% of the total floor area of all units, which means at least 51% must be Thai-owned. The count is in square metres of floor area, not in the number of units, so the useful question is never “how many foreigners own here” but “how much foreign floor area is left”.
The quota is not checked when you sign. It is checked when the unit is registered in your name at the Land Office, and for a new condominium that can only happen after the building is completed and registered as a condominium, because unit titles are issued only then. That timing creates a real risk: if the foreign quota is full on transfer day, the unit cannot be registered in a foreign name.
Two documents protect you. Before you commit, ask the developer, or for a resale the building’s juristic person, to confirm in writing that foreign quota is available for your specific unit. At transfer, the Land Office will want the foreign quota letter from the juristic person confirming the unit can be registered to a foreigner, along with the Section 29 certificate that the seller owes no common fees.
The money must come from abroad, in foreign currency
This is the rule that catches people out most often. Under the foreign-currency route, the purchase money must arrive from abroad in foreign currency and be converted into baht by the receiving Thai bank. The Land Office will not register the unit in a foreign name without documentary proof of that.
The proof is the Foreign Exchange Transaction form, known as the FET and formerly called Tor Tor 3, issued by the Thai bank that receives the money. It is bank practice, not a statute, to issue the FET for inward transfers of about USD 50,000 or more. For smaller transfers the bank’s credit advices and a bank confirmation letter are used instead.
How you send the money matters as much as how much you send:
- Send it from your own account, as the future registered owner. Money sent by a company, a relative or a friend can lead the Land Office to refuse registration under the foreign quota.
- Send foreign currency, not baht. Baht that was converted before it left your home country can also lead the Land Office to refuse foreign-quota registration.
- Name the purpose as the purchase of the unit, with the project and unit number in the payment reference.
- On an off-plan purchase, send every instalment the same way, so that the bank evidence covers the full price.
- Keep every FET and credit advice. You will need them again when you sell.
The same rule disposes of a common myth: paying for a foreign-quota unit in baht from an ordinary Thai account does not qualify. Only foreign currency brought in, a foreign-currency account or a non-resident baht account does. We walk through the payments and the transfer day in our step-by-step guide to buying a condo in Thailand.
Why land is off limits
Foreign individuals and foreign companies may not own land in Thailand except with specific statutory permission, such as Board of Investment or Industrial Estate Authority approval for qualifying companies. A Thai company is treated as foreign for land purposes if foreigners hold more than 49% of its registered capital, or if half or more of its shareholders are foreigners. A company that is genuinely Thai-majority may own land.
What a foreigner can own is a building. You may own a house without owning the land under it, and lease the land. In practice ownership of the house is secured either by a registered superficies or by building in your own name, under a building permit, on leased land.
The registered lease
The standard tool for villas is a registered lease. The Civil and Commercial Code caps a lease of immovable property at 30 years, and a longer agreed term is cut back to 30. A lease longer than three years must be in writing and registered at the Land Office, or it is enforceable for only three years. Renewal options agreed in advance to stretch a lease beyond 30 years, the “30+30+30” structure, were held void by the Supreme Court in Judgment No. 4655/2566, while the first registered 30-year term stays valid. We cover that ruling in detail in our guide to villas and the 30-year lease.
Superficies and usufruct
A superficies is a registered right to own buildings or structures on someone else’s land, for a fixed period of up to 30 years or for the life of the landowner or the superficiary. Unless the deed says otherwise, it can be transferred and inherited. A usufruct is a registered right to possess, use and take the fruits of someone else’s property, for up to 30 years or for the holder’s life. It cannot be transferred and it ends when the holder dies. Both are uncommon, and both bind third parties only once they are registered at the Land Office.
The exceptions, and the structure that is a crime
Section 96 bis: THB 40 million for up to 1 rai
Section 96 bis of the Land Code lets a foreigner who brings in at least THB 40 million, and keeps it in approved investments such as Thai government bonds or BOI-promoted companies for at least five years, apply to the Minister of Interior for permission to own up to 1 rai (1,600 m2) of land for residential use. Approval is discretionary and the route is rarely used.
BOI-promoted companies
Companies promoted by the Board of Investment may be permitted to own land for their promoted business, offices and staff housing, subject to BOI criteria. It is a corporate route, not a way for an individual to buy a holiday villa. The BOI tightened its residential-land criteria for promoted companies with Notification Por. 9/2568, dated 18 July 2025 and published in the Government Gazette on 6 January 2026.
Thai companies with nominee shareholders
A Thai company whose Thai shareholders only lend their names, holding shares for a foreigner or funded by one, is illegal. Under Section 36 of the Foreign Business Act, Thai nationals who act as nominees face up to three years’ imprisonment and/or fines of THB 100,000 to 1,000,000, and the same section also penalises the foreigner who uses them. The Land Code adds forced disposal of the land and separate criminal liability.
Enforcement stepped up in 2026. From 1 August 2026 the Department of Business Development requires bank statements and an investment explanation letter when a company with foreign co-investors or foreign signatories is registered or amended, with a focus on 16 risk provinces that include Phuket, Phang Nga, Krabi, Surat Thani, Chonburi and Bangkok. On 25 August 2026 the Ministry of Interior told provincial land offices to screen companies that show nominee risk indicators and to pursue land disposal or criminal complaints. If anyone offers you a villa “freehold through a company”, put these two measures to your lawyer before anything else.
Proposals you will read about, which are not law
On 25 June 2024 the government announced a proposal to extend foreign land leases to 99 years and to raise the condominium foreign quota to 75%, with foreign voting rights in a building kept at 49%. The Ministry of Interior was tasked with amending the laws. No amending law had been enacted by October 2026, so the 30-year lease cap and the 49% quota are still the law.
In May 2026 the Department of Lands sent land offices three circulars on land held for foreigners through Thai proxies. They are administrative instructions, not new law.
When a listing advertises a “99-year lease” or a project “with 75% foreign quota”, read it as information about the seller rather than about the property.
The ownership options side by side
| Route | What you hold | Term | Main condition | Who uses it |
|---|---|---|---|---|
| Condominium freehold | Unit title deed in your name, plus a share of common property | No time limit | Within the 49% quota; money from abroad in foreign currency | Most foreign individual buyers |
| Registered land lease | Right to use the land; the house can be yours | Up to 30 years; a renewal is a new agreement | In writing and registered at the Land Office if over 3 years | Villa buyers |
| Superficies | Ownership of buildings on another’s land | Up to 30 years, or a life | Registered at the Land Office | Uncommon |
| Usufruct | Right to use the property and take its fruits | Up to 30 years, or the holder’s life | Registered; not transferable; ends on death | Uncommon |
| Section 96 bis | Up to 1 rai of land for a residence | Ownership | THB 40 million invested for 5 years; ministerial discretion | Rarely used |
| Thai-majority company | The company owns the land | Ownership | Genuinely Thai-majority; nominee shareholders are a crime | Not a route for an individual buyer |
What to check before you buy
- Written confirmation that foreign quota is available for your unit, and the foreign quota letter from the juristic person at transfer.
- Payment instructions that send foreign currency from your own account, with the unit named in the reference, and an FET or bank confirmation for every payment.
- For a villa, a lease registered at the Land Office and described as what it is: a term of up to 30 years.
- No company structure in which Thai shareholders hold shares on your behalf.
- An independent Thai lawyer who searches the title at the Land Office before you pay more than the reservation.
The taxes and fees at transfer are covered in our guide to what buying in Thailand really costs, and the residence options in our guide to visas for property buyers. When you are ready to compare buildings, our Thailand listings show the projects we currently offer.
