Purchasing real estate in Thailand for foreigners is not difficult, but it is important to understand the legal restrictions on foreign ownership of land in Thailand first. That is to say, Thai law still does not allow foreigners to own land in Thailand unless they have invested money in Thailand for at least 40 million baht. They can buy land for residence not exceeding 1 rai. Permission must be obtained from the Minister of Interior, but this condition does not include the purchase of a condominium unit or condominium, which foreigners who have the right to own the unit must be those who have permission to reside in the Kingdom according to the immigration law or:
– Be a foreigner or juristic person who has been permitted to enter the Kingdom according to the investment promotion law.
– Be a foreigner or juristic person considered by law to be an alien who brings foreign currency into the Kingdom.
The combined ownership of an apartment or condominium by foreigners must not exceed 49% of the total area of the condominium. Therefore, if you meet one of the conditions, there will be no problem in becoming an owner. But keep in mind that the money you use to buy real estate must be transferred from a foreign bank to a bank in Thailand, which must have a receipt and certificate from the bank for money laundering protection. Other than those mentioned above, the law also allows foreigners to purchase or own property in real estate by
– Purchasing in the name of a Thai spouse, but ownership will belong to a Thai person.
– Long-term lease with a maximum lease term of 30 years and the contract can be extended for another 30 years up to two times, with consent from the lessor.
– Setting up a company or legal entity with Thai partners, where foreigners can hold shares not exceeding 49% and then transfer ownership. The property is in the name of the company where you can reside as a director, but you cannot be the owner of the company or the property.
Owning real estate for foreigners is indeed not a difficult matter. Many times we have heard news of foreigners with wives or girlfriends being tricked into buying houses or land using their girlfriend or wife’s name as the owner. If it is a cash purchase and the marriage has not been registered, the foreigners will have no right to claim ownership. The immediate solution for foreigners who need to use their spouse’s name for ownership is to make a long-term lease, such as a 30-year lease. They will then have the right to use it in the long term even if they don’t own the property. If they want to resell it, it will be difficult to sell because it is attached to a long-term lease