Foreign condo ownership vs long-term land lease
Quick answer
Foreigners may own a condominium unit within the foreign-ownership ratio set by the Condominium Act and must evidence the inward remittance of foreign currency as prescribed. Land, as a rule, cannot be owned by foreigners, so a lease registered at the Land Office is used instead. The two differ in property rights, resale, and succession planning.
Side-by-side facts
| Aspect | Buy a unit within the foreign quota | Long-term lease of land or a house |
|---|---|---|
| Nature of the right | Ownership of the unit, with the title in the buyer's name | A registered leasehold right |
| Key limit | Each building's foreign-ownership ratio | The statutory maximum registered lease term |
| Remittance evidence | Inward remittance evidence is required as prescribed | Not the same requirement, but keep a traceable money trail |
| Resale | Resalable, but the next buyer must also fit the quota | Assignable only as the lease and law allow |
| Succession | Passes by inheritance subject to the statutory conditions | Depends on the lease's succession clauses |
| Transfer-day costs | Land Department and Revenue rates apply | Lease registration fees at the prescribed rate |
Choose Buy a unit within the foreign quota when
- You want title in your own name and a straightforward resale
- You can remit funds from abroad as prescribed
- The building still has foreign quota available
Choose Long-term lease of land or a house when
- You want a house with land, or an area with no condominiums
- You accept term limits and renewal conditions
- You plan to live there rather than trade the asset
Documents to prepare
- Passport and address evidence of the buyer or lessee
- Title deed or unit title with the full registration history
- Foreign-ratio certificate from the condominium juristic person
- Inward remittance evidence as prescribed
- Debt-free certificate for common-area fees
- Draft bilingual sale or lease agreement
Step by step
1. Due diligence
Check the registration history, encumbrances, litigation, and the building's foreign quota.
Typical duration: 5–10 business days
2. Review the contract
Check transfer terms, penalties, fee allocation, and renewal clauses.
Typical duration: 3–5 business days
3. Prepare the money trail
Ensure remittance documents match the buyer's name and stated purpose.
Typical duration: 1–3 weeks depending on the bank
4. Transfer at the Land Office
Compute fees and taxes in advance and verify every document before the appointment.
Typical duration: One day, subject to appointment queue
What usually goes wrong
- Buying without checking remaining foreign quota — the transfer fails on the day.
- Remitting under the wrong name or purpose, voiding the evidence.
- Using a nominee structure to hold land — unlawful and revocable.
- Not checking arrears on common-area fees for the unit.
- Signing a Thai contract whose text differs from the translation, unreviewed.
Why an adviser beats a template
Most property deals fail at deposit day, not in court, because nobody checked the quota, the encumbrances, or the wording. Our legal and accounting teams work the same deal — property rights and tax exposure together — and hand you a summary you can decide on.
Frequently asked questions
Can a foreigner buy land in Thailand?
As a rule no, save for narrow statutory exceptions with strict conditions. The usual routes are a registered lease or condominium ownership within the foreign quota. Have counsel review the structure before paying a deposit.
How long can a lease be registered for?
The law caps registrable lease terms, and how far a renewal promise binds depends on the drafting and case law. Verify current rules with the Land Office and have counsel draft the renewal clause carefully.
What are the transfer-day costs?
At the land office you face the filing fee, the special business tax or stamp duty as the case requires, and the income tax deducted at source from the seller; each is worked out on the appraised or agreed price under the rules. Because government measures can alter the rates, ask for a case-specific computation ahead of the appointment.
Can your team attend the transfer for me?
Yes, with a properly executed power of attorney. We verify the full document set, pre-compute the costs, attend the Land Office on your behalf, and report back with copies of everything.
Official sources
Not sure which route fits your case?
Call +66-92-017-0000, email contact@tla.co.th, or message us on LINE. Monday to Saturday, 09:00–18:00 Bangkok time, in English or Thai.