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Foreign Ownership Rule for Land and Property in Thailand

Purchasing a land or property in Thailand iscompany - As per the property law, a non Thai
regarded as a great option for investment ascan own a property in Thailand through a Thai
well as for residence and retirementcompany, provided 51% of the company's share
purposes. Due to its infancy and strongis  Thai  and  49%  is  foreign.
potential for a profitable future, Thai land
and property is becoming popular and attractBuying a property through Investment (BOI) -
all  categories  of  property  buyers.A foreigner can acquire a limited amount of
land or property with considerable investment
Further, since the tourism sector in theof fund. Under the Thai Property Law, a non
country has grown from an establishedThai citizen investing 40 million baht for
position into an even more productivenot less than five years can purchase up to
economy, Thailand, acknowledged as 'the Spain1500 square meters of land and that too for
of the East' provides superb opportunitiesonly residential property. But, a prior
for property investment. Above all, Thailandpermission should be obtained from the
boasts of some excellent land or propertyMinistry of Interiors. Likewise, this option
development and that too for astonishinglycannot be availed by foreigners who are
cheap  prices.looking to invest in his second house or
retirement  homes.
No wonder why many expats including Americans
and Europeans invest in Thai property such asStructure Ownership - In this case, a
villas, condos, and other housing options.foreigner may be granted a Right of
But, investing in a Thai property is based onSuperficies by a Thai spouse or a Thai
your requirements, location ie whether nearcompany. This in turn provides foreigners to
supermarket or beach, and lifestyle, ie,have rights over all kinds of constructions
whether you prefer a Thai or a mixedon the land. The Right of Superficies usually
neighborhood.last for a period of ten years with options
to  renew it again for 30 years, if required.
For retired foreigners seeking tranquility
and solace, a best option would be to investLeasing - This is perhaps the least
in property located in destinations like Kohcomplicated option for a foreigner to acquire
Samui, Chiang Mai, and Phuket. If you want toa property or land in Thailand. Mostly, the
have an easy accessibility to almost allland is leased to a non Thai for a period of
facilities, then it would be better to invest30 years, which can be again renewed for a
in cities including Bangkok, al though pricesperiod of 30 years. Leasing a land in
would be exceptionally high compared to otherThailand is quite simple and does not require
parts  of  the  country.much  maintenance.
However, certain restrictions have beenDespite these options, it is important to
imposed on foreign investors in order to ownmake a thorough analysis of title deeds prior
a land or property in the country. In otherto investing in Thai property. Title deeds
words, the property law in Thailand does notusually include three main types such as
allow foreigners or non Thais to have aChanot (Nor Sor 4), the Nor Sor 3 Gor, and
freehold land in the country. But, there arethe  Nor  Sor  3.
certain exceptions in the law with regard to
this issue. Al though a foreigner cannotBut, there is not any restriction for a
purchase land or property in his own name, heforeigner to own or purchase a condominium in
has been given some alternatives to acquire athe country except for that he should bring
property in Thailand according to the Sectionin the whole money for buying a condominium
86 of the Thai Land Law, which are asin foreign currencies. Further, a foreigner
follows:could own only up to 49% of units of a
condominium  block.
Buying a property through Thai spouse - Thai
property law allows a foreigner with a ThaiWith a myriad of real estate agents and
spouse to invest in a property or land in theproperty builders in the scenario, it is not
country. But, the land or property must beat all a chaotic process to own a land or
registered under the name of the Thai. It isproperty in Thailand. Majority of them
also important for the foreigner to specifyprovide assistance to deal with complicated
that the funds used for the purchase of aThai law for acquiring a property in the
property are of a Thai spouse. However, thiscountry. Some of them even provide legal
option may sometimes become a problem in aadvice and conduct investigation and
divorce case, since a foreigner may findconsultation in order to acquire a property.
difficult to prove that it was a maritalThere are also firms providing management,
property.project planning, and development in
connection with a property.
Buying a property in the name of a Thai



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