11 document types × 28 jurisdictions.
Under the Land Code, foreigners generally cannot own land except under specific statutory exceptions. Holding land through a Thai nominee or a Thai company with nominee Thai shareholders to get around the law carries civil and criminal risk and can lead to an order to dispose of the land.
Condominium units are the route the law opens to foreign ownership under the Condominium Act. The share of unit area held by foreigners in a building must not exceed the statutory limit, and the purchase money must be brought in from abroad in foreign currency. Buyers should obtain a bank certificate of the inward remittance stating it is for buying a condominium, as the Land Office asks for it on transfer day.
Buildings can be held separately from land. A foreigner may own a structure on leased land or under a superficies right, but the rights must be structured correctly and registered.
Under the Civil and Commercial Code, a lease of immovable property for more than three years must be in writing and registered with the competent official, otherwise it is enforceable for only three years, and the general maximum term is thirty years. Automatic renewal clauses may bind only the original parties and do not ensure a renewal can always be registered, so understand the limits before investing.
A usufruct gives the right to possess and use property and can be set for the holder’s lifetime, while a superficies gives the right to own a structure on another person’s land. Both must be registered at the Land Office to bind third parties. The contract should state rights and duties clearly, such as taxes, repairs and termination.
Bilingual contracts should say which language prevails if meanings differ, and documents filed with the Land Office must be in Thai or have a Thai translation.
Before reserving: check the juristic person and developer, ask to see a copy of the unit title or, for off-plan projects, the building permit, and ask what share of units foreigners already hold in the building.
Before transferring money: ask the sending bank to state the purpose as buying a condominium, use the buyer’s name exactly as in the passport, keep proof of every transfer and get a certificate from the receiving Thai bank.
Before transfer day: get a certificate of no outstanding common fees from the juristic person, check which fees and taxes each party pays under the contract, bring the original passport, and prepare a Land Department power of attorney if not attending in person.
After transfer: keep the original unit title safe, give the juristic person your contact address, and learn the tax position if you plan to rent the unit out.
Can money already in a Thai account be used to buy a condominium? The Land Office generally wants proof the money came from abroad in foreign currency. Some foreigners, such as permanent residents, may fall under different rules, so check with the Land Office and bank first.
Can a foreign heir inherit a condominium? A foreign heir may inherit a unit within the statutory quota and conditions. Land inherited by a foreigner is restricted and may have to be disposed of within a set time, so plan with a will.
Is a reservation agreement signed by email valid? Reservation and sale agreements may use electronic signatures under the Electronic Transactions Act, but registering the transfer at the Land Office still needs documents and a power of attorney in the prescribed form.
The first misunderstanding is that a thirty-year lease with several renewal options equals ownership. Renewal depends on future consent and registration, and if the lessor changes, there may be disputes over whether the renewal promise binds the new owner.
The second is that having a Thai person hold land with a loan or mortgage back is a safe method. Structures designed to avoid the Land Code’s prohibitions carry legal risk, and if the relationship changes, recovering money can be difficult.
The third is that title checks are unnecessary because the seller or agent has done them. Buyers should request copies from the Land Office themselves and check the owner, encumbrances and actual boundaries, as the final responsibility rests with the buyer.
Finally, many buyers forget to plan who receives the property. When a foreign unit owner dies, heirs must go through a court process to appoint an administrator. A will clearly listing Thai assets makes the process more straightforward.
Send copies of the front and back of the title deed or unit title, the draft reservation or sale agreement, any proof of money transfers, and the buyer’s passport. If you will sign from abroad, say which country and whether you will use a Thai embassy or a local notary public.
Also say whether the property is for living in, renting out or passing to heirs, since the right holding structure and contract terms differ. Complete information from the start lets a lawyer check key risks, such as encumbrances on the title, the foreign ownership share and unfair terms, before you pay more money.
This page refers to the Land Code, the Condominium Act, the Civil and Commercial Code provisions on hire of property, usufruct and superficies, the Electronic Transactions Act, and Bank of Thailand rules on bringing in foreign currency. Relevant authorities include the Land Department and provincial or branch Land Offices, the commercial bank receiving the transfer, the condominium juristic person, and Thai embassies or consulates abroad. Practice can differ between Land Offices, so ask the office where the property is located before the transfer appointment.
Property transfers in Thailand carry a transfer fee charged by the Land Office, and may involve withholding income tax, specific business tax or stamp duty on the seller’s side, depending on whether the seller is an individual or company and how long they held the property. Rates and criteria are set by the Land Department and Revenue Department and can change. The contract should state clearly who bears each item. After purchase there is annual land and building tax collected by the local authority and condominium common fees, and anyone renting out must also consider income tax on rent.
Before paying a deposit, check the title type, such as a full title deed (Chanote) or a certificate of utilisation (Nor Sor 3 Gor), which give different security of title. Request a copy of the registration history from the Land Office to see encumbrances such as mortgages, servitudes or attachments, and check zoning, access and building permits. For a condominium, check unpaid common fees and the building’s foreign ownership share.
Someone abroad who wants another person to handle the transfer generally needs a power of attorney on the Land Department’s form, signed before a Thai embassy or consulate officer, or before a local notary public and then certified by the Thai embassy. Land Offices can be strict about signatures and details, so identify the plot or unit and the transaction clearly.
Thai documents for use abroad are currently certified by the Department of Consular Affairs, Ministry of Foreign Affairs, and then by the destination country’s embassy. Thailand acceded to the Hague Apostille Convention on 30 June 2026, and it enters into force for Thailand on 28 February 2027. After that date, documents for use in contracting states may use an Apostille instead. Always check the receiving authority’s requirements.
This page gives general information based on the Thai laws named, not legal advice on a specific case. Laws and agency practice can change, and each country’s requirements differ. Before signing or filing, have a licensed lawyer review your actual facts and documents.
Rules and fees change. Confirm current requirements with the responsible authority before filing.