How property ownership works in Thailand

Condominiums — the simplest route for foreigners

Foreigners can own a condominium unit freehold, in their own name — the cleanest, lowest-risk form of ownership in Thailand. The one rule: across any condominium building, no more than 49% of the total floor area may be foreign-owned. The remaining 51% must be Thai-owned.

• Foreign-quota units are inside that 49% and freehold to a foreigner — often at a small premium because they're in demand.
• Once the quota is full, remaining units are sold to foreigners on a leasehold basis instead.
• Funds to buy should be remitted into Thailand in foreign currency with an FET (Foreign Exchange Transaction) form from the bank — you'll need it to register the unit and to repatriate funds when you sell.

Land & villas — foreigners can't own land directly

The headline rule: foreign individuals cannot own land in Thailand. But you can absolutely live in and control a villa — through one of these well-established structures:

1. Registered leasehold (most common for villas)

You own the building outright and lease the land from its Thai owner. Leases are registered at the Land Department; the first 30 years is legally guaranteed, typically written as 30+30+30 with contractual renewals. This is the standard, transparent route for a foreign-owned villa.

2. Thai company

A Thai Limited company (foreigner ≤49%) can own land. This is legitimate for a genuine operating business — but using passive Thai shareholders purely to hold a home is an illegal nominee arrangement, and enforcement has tightened sharply. Use this only with proper legal structuring and a real business purpose.

3. Usufruct & superficies

A usufruct (sidhi-kep-kin) grants the right to use and enjoy land for up to 30 years or for life. A superficies grants the right to own buildings on someone else's land and can be transferred or inherited. Both are registered against the title.

4. BOI & investment routes

A foreigner investing at least ฿40 million in approved assets may own up to 1 rai of residential land with Board of Investment permission. Some investment-visa and treaty routes exist too.

Land measurements — rai, ngan & wah

Thai land is measured in traditional units. Floor area is in square metres (and we always show price per sqm):

• 1 Rai = 4 Ngan = 400 Talang Wah = 1,600 sqm (≈ 0.40 acre)
• 1 Ngan = 100 Talang Wah = 400 sqm
• 1 Talang Wah (sq wah) = 4 sqm

OFS shows land in both sqm and rai automatically on every land and villa listing.

Title deeds — check before you buy

Not all "land" is equal. The gold standard is a Chanote (Nor Sor 4 Jor) — a fully surveyed, GPS-marked freehold title. Lesser documents (Nor Sor 3 Gor, Nor Sor 3, Sor Por Kor) carry more risk and restrictions. Always have your lawyer pull the title at the Land Department and confirm there are no mortgages, leases or encumbrances against it.

Transfer costs & fees

On a sale, the Land Department levies several charges, usually split or negotiated between buyer and seller:

• Transfer fee — 2% of the appraised value
• Specific Business Tax — 3.3% (if sold within 5 years), or Stamp Duty 0.5%
• Withholding tax — calculated on appraised value / ownership period

Condos also carry monthly common-area maintenance (CAM) fees (฿/sqm/month) and a one-time sinking fund contribution — ask the seller for current figures.

Selling by owner — how to do it well

• Price it right. Check comparable OFS listings and recent sales in your area. Overpricing is the #1 reason a property sits.
• Photograph it properly. Daylight, wide shots, the view, the pool. Listings with 10+ good photos get far more inquiries.
• Be upfront about the legal structure. Stating "freehold foreign-quota" or "30+30+30 registered lease" clearly builds instant trust.
• Have your documents ready — title deed, house book (tabien baan), tax records, and (for income property) the rent roll and P&L.
• Use a lawyer to close. A reputable Thai property lawyer handles due diligence, the contract and the Land Department transfer for a modest fixed fee — far less than an agent's commission.