Land ownership by foreigners in Thailand

Foreigners are not allowed to own land in Thailand. According to section 86 Land Code Act foreigners may acquire land in Thailand only by virtue of the provision of a treaty providing him with the right to own immovable property. Since 1970 Thailand has no longer any treaty with any country allowing any foreigner to acquire land pursuant to section 86.

Thailand land laws governing foreign land ownership

Thailand land laws specify that foreigners can only own land in Thailand pursuant to a treaty. However there is currently no treaty with any country allowing foreigners to own land. In general foreigners are prohibited from owning land and any foreigner illegally owning land (outright or through an agent or nominee) can be sent to prison for a period not exceeding 2 years (section 111 of the Land Code Act). The Thai government created one very restrictive exception for foreign land ownership in section 96 bis Land Code Act (the Land Code Amendment Act B.E. 2542 (1999)). Below the relevant section of the Land Code Act governing foreign land ownership.

Foreign land ownership part II

Thai real estate law does not allow outright ownership of land (real property) by foreign nationals. Thai nationals and Thai owned corporations are permitted to own land under Thai land laws. Foreign nationals and corporations are allowed to own apartment units in a condominium.

Marital home, but is it a marital asset?

Home ownership registration on your Thai spouse's name

When a Thai national married to a foreigner requests ownership registration of land in Thailand the Land Department must insure that the land becomes a personal (non-marital) asset of the Thai spouse only. The reason is because foreigners are not allowed to own land in Thailand, not even as a jointly owned marital property. The Land Department will ask from the foreign and Thai spouse a joint declaration that the money expended on the land (or land and house) belongs to the Thai spouse's personal assets (Sin Suan Tua), and therefore (under Thai laws governing property of husband and wife) will remain a personal (non-marital) asset of the Thai spouse (pursuant to section 1472 Civil and Commercial Code).

Land titles: ownership and claims of use or possession

Land titles for private use can be issued by the Land Department or other government departments in Thailand. The title allows certain private use and grants certain rights to use, possess, own or transfer rights to a specified area of land in Thailand. Only the Chanote or Nor Sor 4 Jor is a true ownership land title deed in Thailand.

Real estate law

Thailand registered land contracts

The right of Superficies (sections 1410 to 1416 of the civil and commercial code) is a transferable and inheritable interest in land giving the superficiary (the person(s) to whom a right of superficies is granted) for a specified term the right to own or acquire buildings construction in, on or above the land owned by another. Foreign and Thai nationals can obtain a right of superficies by agreement with the owner of the land and registration with the Thailand Land Registry.