If you are planning to purchase a property in Thailand as a primary residence or investment, it is advisable to consult a Thai real estate lawyer before buying or signing a long-term lease. The laws governing property acquisition in Thailand are often difficult to understand, especially for foreigners. This lack of clarity increases the risk and makes acquiring the desired property more challenging.

Whether you are making a purchase, signing a lease, or are involved in a property dispute, working with a qualified real estate lawyer is essential to avoid fraud or inadvertently violating Thai law.

Can foreigners buy real estate in Thailand?

As a foreigner in Thailand, you can purchase certain properties and own them entirely in your name. However, Thai law includes restrictions that prohibit you (and all other non-Thai citizens) from directly purchasing certain properties. As a non-Thai citizen, you can only purchase condominiums or buildings constructed on Thai land.

Although purchasing condominiums is generally possible, the foreign ownership share in a residential complex may not exceed 49%. At least 51% of the total usable area of ​​a residential complex must be Thai-owned; otherwise, you will need to look for a suitable apartment elsewhere.

Buying land illegally in Thailand carries the risk of prosecution and losing your investment. You can purchase land jointly with your Thai spouse or on behalf of a company. However, these procedures are subject to numerous conditions, and you cannot, under any circumstances, own the land entirely in your own name.

Real estate leasing in Thailand as a foreigner

While some types of real estate are not available for purchase by foreigners, this does not preclude leasing. With a Thai lease agreement, you can rent a plot of land for a specific number of years and even build a house on it, which you will then own.

Lease agreements can be fixed-term or indefinite and have a maximum term of 30 years. With the landlord's consent, you can include renewal clauses in your lease agreement that may extend the term to up to 90 years, effectively, though not officially, securing your control over the property. If you have signed a lease agreement with a term of at least three years, you must register it with the Thai Land Registry.

Protect yourself from real estate fraud with a Thai real estate lawyer.

Thailand offers numerous real estate opportunities for you or your business. However, due to the language barrier and differences between Thai law and the law of your home country, navigating the complex legal landscape and avoiding fraud can be challenging. Therefore, before deciding to purchase a property, it is essential to consult a specialized Thai real estate lawyer to protect your interests and ensure your purchase complies with Thai law.

Real estate lawyers in Thailand with comprehensive knowledge of Thai real estate law can assist you with a wide range of property-related matters, such as real estate transactions, landlord-tenant disputes, and the drafting or review of real estate contracts. Their services facilitate and secure the acquisition or ownership of real estate. Key services offered by real estate lawyers include:

  • Review of a Thai real estate purchase agreement or lease agreement for unfair or invalid clauses before the contract is signed.
  • Careful examination of ownership, history of possession and real estate regulations to avoid legal problems.
  • Conclusion of purchase and sale contracts, ensuring proper money transfer in the correct currency.
  • Assistance with the transfer and registration of title deeds at the Thai Land Registry.

    • Without a real estate lawyer, you risk being cheated, becoming a victim of fraud, losing your investment capital, and even becoming involved in fraud or other crimes yourself. Thai law contains legal terminology that can be difficult to understand, and a lack of understanding can lead to problems you may not even be aware of.

    Professional support from an experienced real estate lawyer in Thailand

    Without competent legal advice, buying or selling real estate in Thailand can be risky and stressful. If you are looking to invest in Thai real estate or purchase a home, contact the real estate law team at Siam Legal. As a full-service law firm with over 20 years of experience advising foreigners on their legal matters in Thailand, our lawyers have the necessary qualifications and expertise to guide you through every step of your real estate project.

    We offer a wide range of services to make buying property in Thailand quick and easy, including:

  • Verification of the seller's proof of ownership and ownership history
  • Drafting and reviewing rental agreements to ensure their fairness and legal validity.
  • Legal representation on your behalf to assist with registration and negotiations regarding legal clauses.
  • Settlement of property disputes before criminal or civil court

    • Contact Siam Legal and arrange a consultation with our real estate lawyers today to enjoy the peace of mind that your investment is secure and your risks are minimal.

    Frequently asked questions about real estate in Thailand

    Can you acquire real estate for your business?

    According to Thai law, business owners in Thailand can own real estate in the name of their company, but not in their own name.

    If you wish to acquire land for your business, you must meet certain conditions, such as applying for a BOI grant or establishing a Thai limited liability company where the majority of shareholders are Thai nationals.

    However, establishing a Thai company solely for the purpose of acquiring land or circumventing property restrictions can lead to criminal charges and financial losses.

    What are the rules for buying a condominium in Thailand?

    While you can buy and own a condominium in Thailand, you must meet the following conditions:

  • You can only purchase the condominium with foreign currency transferred from a foreign bank account.
  • You must strictly adhere to all the rules and regulations established by the residential complex.
  • You can only acquire ownership of a condominium in a complex if the foreign ownership share does not exceed 49%.
  • You must pay all applicable Thai property taxes at the time of purchase.

    • Can foreigners inherit land in Thailand?

    No, under Thai law, foreigners are not allowed to own land. One cannot inherit land from a Thai citizen, nor can one acquire land as part of a divorce settlement with a Thai partner.

    What happens to the property after your divorce from your Thai partner?

    The impact of a divorce on real estate in Thailand depends on whether it is considered personal or joint property. If you purchased the house before the marriage using your own funds and it is classified as personal property, you can keep it after the divorce.

    However, if the property has been classified as joint property, it will be sold regardless of whether it was purchased with your funds. The proceeds of the sale will then be divided equally between you and your spouse. If you entered into a lease agreement with your spouse when you purchased the property, this agreement remains unaffected by the divorce.

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