Can a Foreigner Buy or Sell Land in Thailand?

Can a Foreigner Buy or Sell Land in Thailand?

Legal Guide and Document Checklist for Foreign Buyers and Sellers

Jump to:

• Required Documents
• How Foreigners Can Buy or Sell Land
• One-Stop Legal Service
• Frequently Asked Questions

If you are a foreigner living in Bangkok and considering buying or selling land in Thailand, it is important to understand the legal restrictions and requirements involved. While Thai law generally prohibits foreigners from owning land outright, there are several legal methods and procedures available. With the right legal support, it is possible to structure a secure and compliant transaction.

At Lex Bangkok, we assist foreign nationals with property matters through a one-stop legal service that covers all aspects of real estate transactions in Thailand.

1. Required Documents for Buying or Selling Land in Thailand

Proper documentation is essential for ensuring a smooth and legally valid land transaction. Below is a checklist of commonly required documents:

For the Buyer (Foreigner):

• Passport (with valid visa stamp)
• Notarization Thai translation of passport (if required by Land Office)
• Proof of funds (including foreign exchange transaction form)
• Power of Attorney (if the buyer cannot be present at the transfer)
• Marriage certificate and spousal consent (if married to a Thai national)
• Completed Land Office forms

For the Seller (Thai or Foreign Leaseholder):

• Original land title deed (Chanote)
• House registration book (Tabien Baan)
• Thai ID card or passport
• Marriage certificate (if applicable)
• Power of Attorney (if seller is not present)
• Tax clearance documents (including capital gains or withholding tax)

Please note that additional documents may be required depending on the specific transaction structure, such as a leasehold, corporate acquisition, or usufruct.

2. How Foreigners Can Legally Buy or Sell Land in Thailand

Although direct land ownership by foreigners is generally prohibited under Thai land law, there are recognized legal alternatives available:

• Leasehold Structure: A foreigner may legally lease land from a Thai individual or company for a term of up to 30 years. Renewal options are often included, but they must be structured carefully and registered with the Land Office.
• Ownership Through a Thai Company: Land may be purchased through a Thai limited company, provided that the company is properly structured, complies with corporate ownership rules, and is not a nominee arrangement (which is illegal under Thai law).
• Marriage to a Thai National: Foreigners married to Thai citizens may register land under the Thai spouse’s name. To comply with regulations, a declaration must be signed confirming that the funds used do not form part of the marital assets.
• BOI Promotion (Limited Circumstances): The Thailand Board of Investment may grant land ownership rights to foreigners under specific investment promotion programs. This option applies to very limited sectors and is subject to BOI approval.
• Selling Land as a Foreigner: In most cases, foreigners may sell land by transferring leasehold rights, shares in a Thai company, or other legal interests such as usufruct or superficies rights. Legal and tax compliance is crucial during the sale process.

3. One-Stop Legal Service by Lex Bangkok

Navigating Thailand’s land laws can be complex, particularly for foreigners unfamiliar with the legal and administrative landscape. At Lex Bangkok, we provide comprehensive legal support to ensure your land transaction is legally compliant and fully protected.

Our services include:

• Contract drafting and review
• Title deed and land due diligence
• Representation at the Land Office
• Translation, notarization, and Power of Attorney preparation
• Tax calculation and government fee handling
• End-to-end legal support tailored for foreign clients

4. Frequently Asked Questions

Can foreigners legally own land in Thailand?

Foreigners cannot own land directly but can use legal structures such as leaseholds, company ownership, or marriage to a Thai national.

How long can a leasehold be registered for?

Up to 30 years, with renewal clauses often included (must be registered).

Is a Thai company setup for land purchase legal?

Only if it’s a genuine, compliant business — nominee structures are illegal under Thai law.

Do I need to be in Thailand to complete the transaction?

No. You can appoint a representative through a properly notarized Power of Attorney.