REAL ESTATE LAWS FOR FOREIGNER

In Thailand, foreigners are generally prohibited from directly owning land, but can own condominium units and buildings, and can lease land for up to 30 years, with potential renewals.

Here’s a more detailed explanation:

Land Ownership Restrictions:
  • Prohibition: The Land Code Act prohibits foreigners from directly owning land in Thailand.
Exceptions:
  • Inheritance: Foreigners can inherit land from a Thai national, but must dispose of it within one year if they don’t receive permission from the Minister of Interior to retain it.
  • Investment: Foreigners who invest a minimum of 40 million Baht in Thailand can own up to 1 rai (approximately 1,600 square meters) of land for residential purposes, subject to approval by the Ministry of Interior.
  • Board of Investment (BOI): Foreigners with BOI investment may have special privileges and exemptions for land ownership.
  • Thai Company: A foreigner may own land in Thailand in the name of a Thai company (at least 51% of shares are Thai and 49% are foreign).
  • Thai Spouse: A foreigner married to a Thai national can register land under their spouse’s name.
Condominium Ownership:
  • Permitted: Foreigners can own condominium units, but foreign ownership in a building cannot exceed 49% of the total saleable square footage.
  • Registration: To register ownership, you need a Foreign Exchange Transaction form (FET form), ID cards or passports, and a letter from the seller guaranteeing that the condominium complies with the foreign ownership quota.
 Leasehold:
Permitted: Foreigners can lease land from Thai owners for up to 30 years, with the possibility of renewal for additional 30-year periods.
  • Building Ownership: Foreigners can own buildings on leased land, but it’s crucial to agree on what happens to the building when the lease ends.
Other Considerations:
  • Foreign Business Act: Forming a Thai company with a Thai majority meets the requirements of the Foreign Business Act.
  • Sap-Ing-Sith: Foreigners can acquire a long-term land use right called Sap-Ing-Sith, which can be granted for up to 30 years and can be renewed.
  • Due Diligence: Conduct thorough due diligence before purchasing property in Thailand.
  • Legal Advice: Seek legal advice from a qualified Thai lawyer to ensure compliance with the law.
  • Real Estate Agents: Engage a reputable real estate agent who is familiar with the local market and legal requirements.

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