MONTIVA HILLSIDE RESIDENCES

FOREIGN BUYER’S GUIDE · THAILAND

Foreign ownership rules:
what you can and cannot buy.

This is where many overseas buyers get confused—or, worse, badly advised.

The rules become much clearer once you separate condominium ownership from ownership of land, houses, and villas.

01CONDOMINIUM

Freehold ownership may be available.

YES, SUBJECT TO THE FOREIGN-OWNERSHIP QUOTA
02LAND

Direct foreign ownership is generally restricted.

NO, EXCEPT IN LIMITED CASES PROVIDED BY LAW
03HOUSE OR VILLA

Ownership structure requires careful legal planning.

LEASEHOLD AND OTHER LAWFUL STRUCTURES
01

CONDOMINIUMS

Yes, foreigners can own qualifying units outright.

A foreign buyer may register freehold ownership of a condominium unit in their own name and receive the unit title deed. Foreign ownership in a condominium project must remain within the statutory quota—generally no more than 49% of the total area of all units in that condominium.

Before paying a reservation fee or deposit, ask the developer or agent to confirm the project’s current foreign-quota availability and the documentary requirements for bringing purchase funds into Thailand.

CHECK BEFORE YOU PAYForeign-quota availability · title status · source-of-funds documentation · transfer fees and taxes
02

HOUSES, VILLAS & LAND

Foreigners generally cannot own land directly.

A house or villa transaction is different from a condominium because the building and the land beneath it may involve separate legal rights. Overseas buyers should obtain independent legal advice on both parts of the transaction.

Registered leasehold

A registered land lease may be granted for up to 30 years. Renewal language can express the parties’ intention, but a future renewal is not automatic and should never be presented as guaranteed. Depending on the project and documents, ownership of the building may be structured separately from the land lease.

Thai limited company

A genuine Thai company may own land where the company complies with Thai law and has a legitimate business purpose. Thai nominee shareholders used merely to conceal foreign ownership are unlawful. A company structure should not be promoted as a simple substitute for direct foreign land ownership.

Thai spouse

A Thai spouse may own land in their own name. The foreign spouse is normally required to acknowledge that funds used for the land are the Thai spouse’s separate property. Couples should obtain independent advice on marital property, wills, inheritance, and succession planning.

BEFORE RESERVING A PROPERTY

Five checks every overseas buyer should make.

  1. 01
    Use an independent Thai property lawyer.

    The lawyer should act for you—not for the seller, developer, or sales agent.

  2. 02
    Verify the title and registered owner.

    Confirm encumbrances, access, boundaries, permits, and the legal right to sell or lease.

  3. 03
    Review the entire ownership structure.

    Understand the land, building, common areas, management, maintenance, taxes, and exit arrangements.

  4. 04
    Do not rely on promised lease renewals.

    Ask your lawyer to explain exactly which rights can be registered and enforced.

  5. 05
    Confirm funds and transfer documents early.

    Bank evidence and the correct remittance purpose may be important for condominium registration.

IMPORTANT LEGAL NOTE

This guide provides general introductory information only. It is not legal, tax, investment, or immigration advice. Thai laws, administrative practice, project documents, and individual circumstances can change. Always obtain current advice from an independent qualified Thai lawyer before paying a deposit, signing documents, forming a company, or transferring funds.

THAI DEPARTMENT OF LANDS ↗DEPARTMENT OF BUSINESS DEVELOPMENT ↗