Under Thailand law, any person can register any type of building in their own name, therefore a foreigner can own a structure (for example a house) built on the land and may register such ownership at the Amphur Land Office. Assurance of possession of land and house is certain by being the owner of the house. If arranged in this manner, then the house will be separate from the land, and will not be a component part under Civil Law.Ownership of land by foreigners is on the other hand a different story, and is highly limited in the Kingdom of Thailand. It isn't impossible for a foreigner to own freehold land, provided they abide by strict rules and fall within firm conditions, such as:
- Become a Thai Resident/Citizen
- Bring the money into the Kingdom for investment to the amount as prescribed in the Ministerial Regulation, which shall be not less than Baht forty million.
- Apply for acquisition of land under other laws such as the Promotion of Investment Act, B.E. 2520 (1977), the Industrial Estate Authority of Thailand Act, B.E. 2522 (1979), the Petroleum Act, B.E. 2514 (1971).
- 30 Year lease with options
- Usufruct Interest (Sidhi-kep-kin) - gives you temporary ownership rights to things on or arising from the land.
- Limited Liability Company

Foreigners are generally not allowed to own land in Thailand, even though the Land Code, since it was first promulgated in 1954, has provided that foreigners may own up to one Rai (1,600 square meters) of land for private residence, but only upon being granted approval by the Minister of the Ministry of Interior. This approval has practically never been given. However, though Thai Property Laws prohibits a foreigner from owning land in Thailand, there are five alternatives on how a foreigner can acquire land, as follows:

1. Through a Thai Limited Company
A foreigner may own a land in the name of a Thai company provided that majority of the shares are Thai owned (at least 51% of shares are Thai and 49% are foreign). A foreigner is allowed to have effective management and control of this company and therefore, has a secure freehold ownership over the land.
2. Investment (BOI)
A foreigner, who invests 40 million Baht for no less than 5 years, is entitled to buy up to one rai (1,600 square meters) of land for residential purposes.  Permission from the Ministry of Interior must be obtained.
3. By marriage to a Thai
In 1999, Thai property law, concerning a Thai whose spouse is foreign, has been amended for a favor of a Thai with a foreign spouse. Such couple may now legally own a land in Thailand. Nevertheless, a land must be registered under a name of a Thai. Also, a foreign spouse must sign a declaration stating that the funds using to buy a land is of a Thai spouse, so that he/she waives his/her right to the ownership of land.
4. Lease
Leasing is another option for a foreigner to acquire land. The maximum duration of a lease under Thai property law is 30 years, with a possibility to renew again (for another 30 years) if agreed. This is the least complicated option for a foreigner to have a right of usage of land.  The land lease over 3 years must be registered at the Land Department.
5. Structure Ownership
A company or the Thai spouse of a foreigner may grant a Right of Superficies in favor of the foreigner, giving him the right to personally own all constructions situated on the land.  By using this possibility, a foreign individual can be registered as the owner of a house without owning the land.  The Right of Superficies can be conceded for a period of 30 years and can be renewed for another 30 years (but not automatically).

NOTE: Before buying land, an essential step to the process is to conduct a “Title Search”. Since there are different levels of land title deeds, it is recommended to verify with the Land Department the type of title deed of the land in which you are interested to acquire and its legality. This step would provide more information about the land; for instance, whether it is under any obligation. Also, due to a real estate boom in Thailand, some counterfeit title deeds have been found. It is strongly recommended to conduct a “title search” to avoid any unappreciated surprise in the future.

1. Freehold Title Deed (Chanote or Nor Sor 4)
This type of title grants the holder of this document the full right over the land. The holder has absolute authority over the land. Thus, if you are planning to buy land in Thailand, this type of title deed is the best option.
2. Nor Sor 3 Gor
A land awaiting a full title deed is granted the document Nor Sor 3 Kor. The land is measured by the Land Department; therefore, it has its exact boundaries. The owner knows exactly what he owns. This type of land may be sold, transferred, or mortgaged, as a land with freehold title deed (Chanote). The owner of the land may file a petition to the Land Department demanding to change it to a full title deed (Chanote), and the Land Department may do so if there is no opposition made against the petition.
NOTE: The person whose name appears as the owner of Nor Sor 3 Kor has a right to transfer, sell, dispose of and mortgage the Land upon registration with the relevant local land department in accordance with the Land Code and other regulations, notifications and announcements relating to it. Any transaction in connection with the real property (except where the lease is not more than 3 years) must be registered with the relevant local land authority and will be shown at the back of Nor Sor 3 Gor.
3. Nor Sor 3
Same as Nor Sor 3 Gor except that the land with Nor Sor 3 has never yet been measured by the Land Department; hence the land has no exact boundaries. However, Nor Sor 3 may later be switched to a Nor Sor 3 Gor, then a freehold title deed (Chanote) in the future.
4. Possessory Right
This type of title deed is the least recommended. A land with a possessory right has never been substantiated by Department, but is only recognized by tax payments at the Local Administrative Office.

***Although Thai Law stipulates that a foreigner may not own land in Thailand, there is an alternative step of owning a land in Thailand. This involves registering a Thai Limited Company.  A Thai Limited Company means that 51% or more of the company must be owned by Thai Shareholders (the remaining shares may be held by non-Thais).  This “Thai” company may then legally purchase land in Thailand.
We recommend foreign investors to form a “Thai Company Limited” because the Articles of Association of this form of Company can be varied to allow greater protection for foreign minority shareholders where majority Thai ownership is required under the applicable Law. The Article of Association can be changed to authorize the foreigner to be the sole director of the company, and the only person of the company who can commit or bind the company in any contractual dealing (buying or selling land), effectively giving the minority shareholders control over the company.
By following the above procedures the foreigner would control the company and the company owns the land,
for this there is no need of recorded funds from overseas.

Under Thailand law, any person can register any type of building in their own name, therefore a foreigner can own a structure (for example a house) built on the land and may register such ownership at the Amphur Land Office. Assurance of possession of land and house is certain by being the owner of the house. If arranged in this manner, then the house will be separate from the land, and will not be a component part under Civil Law.
Ownership of land by foreigners is on the other hand a different story, and is highly limited in the Kingdom of Thailand. It isn't impossible for a foreigner to own freehold land, provided they abide by strict rules and fall within firm conditions, such as:
- Become a Thai Resident/Citizen
- Bring the money into the Kingdom for investment to the amount as prescribed in the Ministerial Regulation, which shall be not less than Baht forty million.
- Apply for acquisition of land under other laws such as the Promotion of Investment Act, B.E. 2520 (1977), the Industrial Estate Authority of Thailand Act, B.E. 2522 (1979), the Petroleum Act, B.E. 2514 (1971).
- 30 Year lease with options
- Usufruct Interest (Sidhi-kep-kin) - gives you temporary ownership rights to things on or arising from the land.
- Limited Liability Company

Under Thailand law, any person can register any type of building in their own name, therefore a foreigner can own a structure (for example a house) built on the land and may register such ownership at the Amphur Land Office. Assurance of possession of land and house is certain by being the owner of the house. If arranged in this manner, then the house will be separate from the land, and will not be a component part under Civil Law.
Ownership of land by foreigners is on the other hand a different story, and is highly limited in the Kingdom of Thailand. It isn't impossible for a foreigner to own freehold land, provided they abide by strict rules and fall within firm conditions, such as:
- Become a Thai Resident/Citizen
- Bring the money into the Kingdom for investment to the amount as prescribed in the Ministerial Regulation, which shall be not less than Baht forty million.
- Apply for acquisition of land under other laws such as the Promotion of Investment Act, B.E. 2520 (1977), the Industrial Estate Authority of Thailand Act, B.E. 2522 (1979), the Petroleum Act, B.E. 2514 (1971).
- 30 Year lease with options
- Usufruct Interest (Sidhi-kep-kin) - gives you temporary ownership rights to things on or arising from the land.
- Limi ted Libility Company

House – Condominium – Villa - Land
Once the contract is signed, attested and confirmed, we will go to the Land Office in province to have the transfer registered. If you won't be there in person, we will prepare a Power of Attorney from you to either a third party or one of our lawyers to act you in your behalf. We will also let you know beforehand what documents you will need (e.g. TT3 form –foreign exchange forms for condominium purchase) as well as the cost of the transfer fees and stamp duties fee. It is most common to be shared equally between the Buyer and the Seller

Taxes for Buying and Selling Property in Thailand
Every person residing in Thailand, regardless his/her nationality shall be responsible to pay taxes and fees when buying or selling property. These taxes and fees are as follows:

1.TRANSFERRING FEE
The Transferring fee is 2% of the registered value of the property. Whether, the buyer or the seller is paying for this fee, is depending on the Sale and Purchase Agreement. Normally the buyer partly pays for this fee. This fee will be paid to the officer at the land office, upon the day of the transfer of ownership.
2.STAMP DUTY
Buyer or seller is subject to a 0.5% Duty Stamp from either the appraised value of the property or actual purchasing price, whichever is higher. The parties reliable for this additional 0.5% of Stamp Duty can be agreed in Sale and Purchase Agreement. Stamp Duty is to be imposed unless the Specific Business Tax  is paid.
3.SPECIFIC BUSINESS TAX
Specific  Business Tax  will only be imposed if you are selling your property, which you have own less than a period of five years. The tax rate is 3.3% of the selling or assessed price of an asset

Example of how to calculate the taxes and cost
Suppose that the government assessed price is Baht 50,000 per Sq.m.

• All areas are 100 Sq.m.

• The total assessed price is Baht 5,000,000

• Actual selling price is 6,000,000

• The Seller possessed this property for 3 years