Owning Property in Thailand as a Foreigner: Condos, Leases and the Rules
Foreigners can own a condo outright in Thailand, but not land. Everything else follows from that rule: how houses are held, how money must arrive and which shortcuts to avoid.
The short version
- Foreigners can own a condo unit freehold, as long as foreign ownership in the building stays within 49%.
- Foreigners cannot own land; houses are held through a lease (up to 30 years) or usufruct.
- Purchase money must arrive from abroad in foreign currency, in your name, with an FET for US$50,000+.
- The 2% transfer fee is usually split by negotiation; sellers pay specific business tax or stamp duty.
- Nominee companies are illegal, and enforcement tightened from January 2026.
Condos: freehold within the quota
Under the Condominium Act, foreigners can own condo units freehold provided foreigners hold no more than 49% of the building’s saleable area. Get written confirmation of the foreign quota from the building’s juristic office before paying any deposit. A foreign-owned second-home condo pays very little annual land and building tax.
Houses and land: leases and usufructs
Foreigners cannot own land. A house is usually held through a registered lease of up to 30 years, a usufruct or a superficies. A March 2025 Supreme Court ruling voided pre-agreed automatic renewal clauses, so renewals need fresh registration and the landowner’s agreement. Buying in a Thai partner’s name makes the money a gift in law.
Paying for it: FET, fees and taxes
Purchase money must come from abroad in foreign currency, be converted in Thailand, be in your name and state its purpose; for US$50,000 or more the bank issues an FET form. The 2% transfer fee is negotiated between buyer and seller. Sellers pay 3.3% specific business tax if they sell within five years, otherwise 0.5% stamp duty. Mortgages for foreigners are rare, so most buyers pay cash.
Due diligence and avoiding traps
- Check the title deed, mortgages and encumbrances
- Check building permits and the developer’s record
- Review the juristic office accounts and sinking fund
- Have your own lawyer review the contract
- Avoid nominee companies: penalties reach three years’ prison and 1 million baht
- For off-plan, use escrow or staged payments where possible
Rules and costs to know
From The Thaiger, updated 26 Aug 2026. Confirm details with a lawyer acting only for you.
Property mistakes to avoid
Get it in writing.
Send foreign currency.
Hire your own.
Illegal, and enforced.
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Questions newcomers ask
Can foreigners buy property in Thailand?
Foreigners can own condo units freehold within the 49% foreign quota, but cannot own land. Houses are usually held through a registered lease or usufruct.
How long can a lease be in Thailand?
Up to 30 years. Pre-agreed automatic renewals were voided by a 2025 Supreme Court ruling, so renewals need fresh registration.
Who pays the transfer fee?
The 2% transfer fee is split between buyer and seller by negotiation; sellers also pay specific business tax or stamp duty.
