Buying Property in Thailand as a Foreigner: Condos, Leases and Limits

Under the Land Code, foreign nationals cannot own land. The one significant exception is the Condominium Act, which allows foreigners to hold freehold title to a condominium unit, so long as foreign owners together hold no more than 49% of the total saleable area of the building. The cap has remained at 49% through 2026, and a proposal to lift it to 75% was still only discussed rather than tabled as a bill when we last checked.

Practical consequences:

• Condo units can be registered in your own name through the foreign quota. If a building has used up its quota, the developer can only offer a leasehold on the remaining units.
• Houses, villas and land cannot be freehold for foreigners. You can own the building itself in some cases if you lease the land underneath.
• Funds must come from abroad. The purchase money must be remitted in foreign currency and evidenced by a Foreign Exchange Transaction (FET) form or a Thai bank's equivalent certificate, otherwise the Land Office will not register the condominium in your name.

Browse what is available on our Thailand property pages, including apartments and penthouses.

Leasehold. The legal maximum for a land lease is 30 years. Contracts often promise two renewals of 30 years each, but those renewal clauses are not reliably enforceable against a later owner, so treat only the first 30 years as secure. Registering the lease at the Land Office gives it stronger standing against third parties, particularly if the lease exceeds three years.

Usufruct. A right to use and benefit from a property for life or a term, registered at the Land Office. Often paired with a Thai spouse owning the title, and can be structured in favour of the foreigner, but it is not inheritable in the usual way.

Thai company. Foreigners may hold a minority shareholding in a company that owns land. Use of Thai nominee shareholders who hold the majority while the foreigner effectively controls the company has been targeted by the authorities, and courts and the Department of Business Development have treated it as unlawful circumvention. We do not recommend it.

A Thai spouse can own land, but the foreigner cannot secure a claim on it by marriage, so treat this as a family and estate-planning matter that needs a Thai lawyer.

1. Choose the structure. Condo freehold, leasehold, or something else.
2. Reservation. Pay a reservation fee, usually refundable only under stated conditions.
3. Due diligence. Your lawyer checks the title deed (Chanote for land, a condo title for units), the developer's licences and the foreign quota.
4. Sale and purchase agreement. Sign with a deposit, often 10-30% on resale and staged payments off-plan.
5. Remit funds from abroad. Ask your Thai bank for the FET (or Tor Tor 3) certificate showing the funds came in as foreign currency.
6. Transfer day. Both parties attend the Land Department with ID, the FET and the agreed fees. The registrar issues the new title in your name on the day.
7. Utilities and common fees. Register the water and electricity accounts and settle the sinking fund and monthly management fees.

For mortgage options, see our guide to financing a purchase in Thailand, though local banks seldom lend to non-residents.

Independent lawyer. Pay for one who does not work for the developer. They verify the title, check the juristic person (condo management) accounts and read the lease or contract.

Land Office officials. The Land Department is where title is registered and fees are collected. It does not give legal advice.

Estate agents. Commission is usually 3% of the sale price on resale, paid by the seller, though practice varies. There is no single licensing body with strong enforcement.

Developer sales staff. Off-plan buyers should check the developer's history and whether payments go into an escrow account.

• Foreign quota certificate from the juristic person for the condo building.
• Title type. A Chanote is full title; lesser documents like Nor Sor 3 Gor provide weaker rights.
• Sinking fund and arrears. Ask for the last financial statements and any outstanding management fees.
• Building permits and EIA for large projects near coasts.
• Flood and subsidence risk in Bangkok and parts of the Gulf coast.
• Leasehold registration. Confirm the lease is lodged at the Land Office and includes the right to sell or sublease.
• Off-plan escrow. Ask who holds your payments and whether the developer is licensed.
• Short-term letting rules. Thai law limits stays of less than 30 days in condominiums unless the building holds a hotel licence.

A temporary reduction in the transfer fee to 0.01% runs from 1 July 2026 to 30 June 2027, but only for Thai buyers. A foreigner buying under the foreign quota normally pays the standard transfer fee. All rates are approximate; verify at the Land Office before transfer.

A property purchase does not itself grant residency. Condo buyers who spend at least a defined sum on a qualifying purchase may be eligible for certain long-stay visa programmes, but thresholds and programme names change frequently, so check with the Thai embassy or Board of Investment rather than rely on a seller's brochure. Retirement and long-term-resident visas require separate income or asset tests. Never assume a condo purchase equals a visa.

• Paying a developer deposit without checking the foreign quota.
• Relying on 30+30+30 lease promises.
• Using nominee structures after a lawyer warns against them.
• Forgetting to get the FET form at the time of remittance, which is hard to obtain after the fact.
• Underestimating the monthly common fees of resort condos.

If you need to see the cost of cheaper units, our Thailand under 100,000 listings show the entry level, and the mortgage calculator helps test cash-flow. For a conversation about your plans, contact us.