Legal guide
Buying Property in Thailand as a Foreigner: A Buyer Guide
Quick answer
A foreigner can own a condominium unit in Thailand freehold in their own name, subject to the 49 percent foreign ownership quota of the building, but cannot own land freehold. For a villa we recommend a 30 year leasehold, or a registered usufruct where it fits. We do not recommend setting up a Thai company to hold the land. Land Department charges sit on top of the price. A lawyer's fee is separate, and most lawyers work to a flat rate of 50,000 to 100,000 THB.
Key facts
| Item | Value |
|---|---|
| Freehold for foreigners | Condominium units under 49% quota only |
| Land ownership by foreigners | Not permitted direct; structure required |
| Lawyer fee | Usually a flat 50,000 to 100,000 THB |
| Funds transfer requirement | Foreign currency, with FET form |
| Currency repatriation on sale | Unrestricted with original FET |
What can a foreigner actually own in Thailand
Thai law is precise about this and the marketing of Thai property abroad is often not. The Condominium Act of 2008 allows a foreign individual to own a registered condominium unit freehold in their own name, provided the foreign ownership of the building does not exceed 49 percent of the total sellable area. Land is a different matter. Section 86 of the Land Code prohibits a foreign individual from owning land in Thailand. The villa structure on the land can be owned by a foreigner, but the land under it cannot. We recommend a 30 year leasehold registered against the title, or a usufruct or superficies where it fits the buyer. We do not recommend setting up a Thai company to hold the land.
The routes we recommend for a villa
A registered 30 year leasehold is the structure we recommend. The lease is registered on the back of the Chanote at the Land Department and runs with the title on resale. Renewal options for a second and third term are contractually available but are not independently enforceable, because a lease cannot be pre-agreed beyond 30 years under the Civil and Commercial Code. A usufruct grants the right of use and habitation for a fixed period or for life, registered on the title, and is used where a foreign buyer is married to a Thai spouse. We do not recommend setting up a Thai company to hold the land. If a listing is already in a company, your lawyer should review that company. We will not advise you to create one.
Funds transfer and the FET form
Funds for the purchase of a freehold condominium by a foreign individual must be remitted into Thailand in foreign currency and the receiving bank will issue a Foreign Exchange Transaction form, known as the FET, at the time of receipt. This document is required at the Land Department at transfer to evidence that the funds originated abroad, and it is required again on a future sale to repatriate the proceeds in foreign currency. For a leasehold villa, the lease registration and the funds path should be agreed with your lawyer and your Thai bank before transfer. The Bank of Thailand's Exchange Control Notice sets the rules and the limits for each route.
The acquisition cost total and what each line item is
Land Department charges on a Bangkok or Hua Hin purchase, as of Q3 2026, are the 2 percent transfer fee, the 3.3 percent specific business tax where the seller has held the property less than five years, the 0.5 percent stamp duty where specific business tax does not apply, and withholding tax. For an individual seller the withholding tax is calculated on a sliding scale. The appraised value used at the Land Department is typically 60 to 80 percent of the transaction price. Lawyer fees are not part of those Land Department charges. Most lawyers work to a flat rate of 50,000 to 100,000 THB, and the fee is set by the lawyer, so we do not publish a percentage.
What to do first
Before you fall in love with a specific villa, settle four things. Define your ownership structure with a Thai-qualified lawyer, confirm the funds transfer route with your Thai bank, set a budget that includes the Land Department charges, a lawyer's flat fee of 50,000 to 100,000 THB, and a 1 percent annual holding cost, and choose two or three target areas. This reduces the deal risk materially and is the single highest value work in a foreign purchase.
This guide is published as of the updated date shown above and reflects Thai land and tax rules current at that time. It is general information and not specific legal or tax advice. For a transaction, instruct a Thai-qualified lawyer or accountant.
Frequently asked questions
Can a foreigner buy a house in Thailand in their own name?
A foreigner can own a house structure freehold in their own name but cannot own the land under it. We recommend a registered leasehold, or a usufruct or superficies where it fits. We do not recommend setting up a Thai company to hold the land. Condominium units are the only residential asset a foreign individual can own freehold in their own name, under the 49 percent foreign quota.
How much are the total costs on top of the purchase price?
The Land Department charges are the 2 percent transfer fee, 3.3 percent specific business tax or 0.5 percent stamp duty, and withholding tax, calculated on the appraised value. Appraised value is usually 60 to 80 percent of the price. A lawyer's fee is separate. Most lawyers work to a flat rate of 50,000 to 100,000 THB.
Can a foreigner get a Thai mortgage on a property?
Yes, but with restrictions. Thai banks lend to foreigners on freehold condominiums at 50 to 70 percent loan-to-value, on a valid work permit. Mortgages on villas held through a company are corporate loans, with higher rates and shorter terms. Most foreign buyers in Hua Hin buy in cash, which makes the transaction simpler and faster.
Do I need a Thai bank account to buy property?
Yes, for a freehold condominium purchase, because the funds must be received into a Thai bank account in foreign currency and the FET form issued by that bank. For a company or leasehold villa, a Thai account in the name of the holding structure is needed. Open the account before transferring funds; most banks require an in-person visit.
Can I resell the property and take the money out of Thailand?
Yes. On a freehold condominium, the original FET form allows unrestricted repatriation of the sale proceeds in foreign currency. On a company-held villa, the proceeds stay in the company and are extractable as dividend, director fees, or liquidation. On a leasehold, the remaining term is assigned to the next buyer.
How long does the whole purchase take from offer to key handover?
Typically 30 to 60 days for a resale condominium or leasehold villa, 45 to 90 days for a company-held villa needing share transfer and restructuring, and 6 to 18 months for an off-plan new build from reservation. Land Department transfer closing takes a single half-day visit.
Do I need a Thai lawyer for the purchase?
Yes, unambiguously. A Thai-qualified conveyancer handles title verification, the purchase contract, and Land Department representation. Using the developer's lawyer or the seller's lawyer is a conflict of interest. Most lawyers work to a flat rate of 50,000 to 100,000 THB. We do not publish a percentage, because the fee is set by the lawyer.