What can a foreigner actually buy in Thailand?
A foreigner can own a condominium unit outright, in their own name, as long as foreigners in that building together hold no more than 49% of the total floor area of all units, the limit set by Section 19 bis of the Condominium Act B.E. 2522. Land is a different answer: Section 86 of the Land Code allows an alien to acquire land only by virtue of a treaty providing for it.
The short version is that a unit can be yours, land cannot unless you meet the 40 million baht investment route, a building can be owned separately from the land it stands on, and a lease of land runs for a maximum of 30 years per contract.
The rule that catches buyers out is not the ownership limit. It is the money. Thai law does not ask whether you can afford the unit. It asks whether the funds came in from abroad.
How the 49% foreign quota really works
The quota is measured in floor area, not in number of units. Section 19 bis states that foreigners and the juristic persons listed in Section 19 may together own no more than 49% of the total area of all units in that condominium building, measured as at the date the condominium was registered under Section 6.
In practice that means large units consume the quota faster than small ones. A building that sold mostly 35 sqm units to Thai buyers may still have quota left, while a project that sold a handful of penthouses to foreigners may already be full.
Before you pay a reservation fee, ask the condominium juristic person for a written statement of the current foreign ownership ratio. Section 19 quater allows the land officer to register the transfer only after checking that the combined ratio, existing owners plus you, stays inside the limit. If the quota is full, the officer will not register the transfer no matter how much you have already paid.
A unit inside the foreign quota and an identical unit inside the Thai quota are therefore not the same asset, even on the same floor of the same building. When you come to resell, the foreign-quota unit can go to either market.
The money has to arrive from abroad
The route almost every foreign buyer uses is Section 19 (5): a foreigner who brings foreign currency into the Kingdom, or withdraws from a Thai baht account of a person resident outside Thailand, or withdraws from a foreign currency deposit account.
Section 19 ter (5) then requires evidence of that inward transfer in an amount not less than the price of the unit being bought. That single sentence settles most questions: the remittance has to cover the full purchase price, not the deposit.
The bank issues one of two documents depending on the size of the transfer. The Land Department's guidance is that for USD 50,000 or more, or the equivalent, you use the foreign exchange transaction form the commercial bank provides, and below that amount you use the bank's letter or certificate confirming the purchase of foreign currency.
Three things have to be right on the day you send the money. The recipient name must be the buyer who will appear on the unit title, the stated purpose must be the purchase of a condominium unit, and the amount must not be less than the unit price. Correcting any of them afterwards is harder than getting it right once, because the bank documents what it was told at the time.
There is a consequence that surprises people: a loan from a bank inside Thailand is Thai baht already in the country, so it is not evidence of an inward foreign currency transfer under Section 19 ter (5). A foreign buyer's financing plan has to start with which offshore account the money leaves, not with the monthly instalment.
Transfer day costs, and the 0.01% fee cut that is not for you
A foreign buyer pays the full transfer fee of 2% of the appraised value, because the reduction to 0.01% applies only to natural persons of Thai nationality.
The Land Department set out the detail. The Deputy Minister of Interior signed two Ministry of Interior announcements dated 30 June 2026 charging 0.01% for the transfer registration and the mortgage registration made at the same time, for residential buildings and condominium units where both the sale price and the appraised value do not exceed THB 7 million and the mortgage does not exceed THB 7 million. The measure runs from 1 July 2026 to 30 June 2027 and applies to natural persons of Thai nationality.
The rest of the transfer-day taxes fall on the seller under the Revenue Code and are the same whatever passport is in the room: withholding tax, specific business tax at 3.3% including local tax where it applies, and stamp duty at 0.5% where specific business tax does not. The Ministry of Interior announcements never touched those.
This changes a real budget. On a unit appraised at THB 6 million, a Thai buyer and the seller share a transfer fee of THB 600 under the measure, while the same deal with a foreign buyer carries a transfer fee of THB 120,000. Market custom is to split it in half, but custom is not law, so it is negotiable and it belongs in the sale and purchase agreement in writing. The document trail and the order of events on the day are in our guide to transferring at the land office.
Land and houses: the four routes that genuinely exist
The first is Section 96 bis of the Land Code, which lifts the treaty requirement for an alien who brings in capital of the amount prescribed by ministerial regulation, which must not be lower than THB 40 million, allowing the acquisition of land for residential use of not more than 1 rai, with the Minister's permission.
The conditions in the second paragraph are what make this narrower than it sounds. The business invested in must benefit the country's economy and society, or be an activity the Board of Investment has announced as eligible for promotion; the investment must be maintained for not less than 3 years; and the land must lie within Bangkok, Pattaya City, a municipality, or an area zoned for residential use under the town planning law.
Section 96 ter supplies the teeth. Break the rules or conditions and you must dispose of the land within a period fixed by the Director-General, not less than 180 days and not more than one year, after which the Director-General may dispose of it. Fail to use the land as a residence within two years of registration and the Director-General may dispose of it as well. The Land Department's own service manual says a Section 96 bis application for land in Bangkok takes 27 working days in total and requires a certificate from the Ministry of Defence that the land lies outside a military safety zone.
The second route is a lease. Section 540 of the Civil and Commercial Code caps a lease of immovable property at 30 years, and Section 538 requires a lease of more than three years to be registered with the competent official, failing which it is enforceable for three years only. Registration costs and duty are covered in our article on registering a long lease.
The third route is owning the building while leasing the land underneath. The Land Code restricts land, and a building is separate property with its own proof of ownership. The Land Department's own service manual lists "evidence of ownership of the building" as a document distinct from the land title where the building is not transferred together with the land.
The fourth is a usufruct or a superficies, real rights that can be registered at the land office and are often paired with a lease to make an occupier's position more secure. None of the last three gives you ownership of the land, and all of them should be drafted by a Thai lawyer rather than downloaded as a template.
Can a Thai company hold the land for you?
A structure in which Thai shareholders hold shares on your behalf while you are the real owner is not a safe route. Section 97 (1) of the Land Code treats a limited company or public limited company whose registered capital is more than 49% foreign held, or more than half of whose shareholders are aliens, as having rights in land as though it were an alien.
So a company that foreigners genuinely control runs into the same limit a foreign individual does, and putting Thai nominees in front of it to get around the limit is an offence under the law on foreign business operation, for the Thai who lends their name as much as for the foreigner behind it.
Where land has been acquired by an alien unlawfully or without permission, Section 94 requires disposal within a period fixed by the Director-General of not less than 180 days and not more than one year, and if it is not disposed of, the Director-General has the power to dispose of it. The risk in these structures is not a fine. It is a forced sale.
What about the 99-year lease and the 75% quota in the news?
The proposals to extend land leases to 99 years and to raise the condominium foreign quota to 75% were put forward at policy level in 2024 and have not become law.
As of 6 August 2026 the operative text is unchanged. The Condominium Act as published by the Land Department still sets the 49% ceiling in Section 19 bis, and Section 540 of the Civil and Commercial Code still forbids a lease longer than 30 years.
The right response to this kind of story is to refuse to price a purchase on the assumption that the rule will change. A project selling you the idea that foreigners will soon be able to hold 75% is selling a future that is not in the statute book.
What to check before you pay a reservation fee
Five answers you want on paper rather than from a sales conversation.
- A written statement of the building's current foreign quota ratio, naming the project and the unit number, dated the day you checked.
- A copy of the unit title deed including the register of rights on the reverse, so you can see mortgages and any injunction.
- The debt-free certificate from the condominium juristic person, which the land office needs before it will register the transfer.
- Transfer-day figures calculated at the full rate of 2% of appraised value, with a written agreement on who pays which part.
- The remittance instruction from abroad, with the buyer's name and the stated purpose matching what you will file at the land office.
Two things worth planning on day one. Land and building tax is charged to owners of every nationality, and how to verify and calculate it is in our article on land and building tax. And if you buy to let, the house master has a duty to notify the accommodation of a foreign occupier within 24 hours, which is explained in our article on the TM30 notification.
When you eventually sell, a unit held in the foreign quota can go to Thai and foreign buyers alike, which is an advantage worth using when you set the asking price. Our approach to selling a unit is on the condo selling service page.
Frequently asked questions
Can a foreigner buy a condo in Thailand?
Yes, in their own name, provided foreigners in that building together hold no more than 49% of the total unit floor area under Section 19 bis of the Condominium Act B.E. 2522, and the buyer shows evidence of an inward foreign currency transfer of not less than the unit price under Section 19 ter (5).
Can a foreigner buy land in Thailand?
As a rule, no. Section 86 of the Land Code permits an alien to acquire land only by virtue of a treaty. The exception used in practice is Section 96 bis: capital of not less than THB 40 million, maintained for at least 3 years, for land of not more than 1 rai for residential use in a prescribed area, with the Minister's permission.
Do foreign buyers get the 0.01% transfer fee?
No. The measure under the Ministry of Interior announcements dated 30 June 2026 applies to natural persons of Thai nationality, for homes priced up to THB 7 million, from 1 July 2026 to 30 June 2027. A foreign buyer pays the full 2% of appraised value.
How much do I have to remit?
Not less than the price of the unit, under Section 19 ter (5). The Land Department's guidance is that transfers of USD 50,000 or more use the foreign exchange transaction form the bank provides, and smaller amounts use the bank's certificate confirming the purchase of foreign currency.
Can I use a Thai bank loan as the evidence?
No. A loan drawn in Thailand is Thai baht already in the country and is not evidence of an inward foreign currency transfer under Section 19 ter (5). A foreign buyer who needs financing should settle the path the money takes before signing the sale and purchase agreement.
Can a Thai nominee or a Thai company hold land for me?
It is not safe. Section 97 (1) of the Land Code treats a company more than 49% foreign held by capital, or with more than half alien shareholders, as an alien for land purposes, and land acquired unlawfully must be disposed of within the period fixed by the Director-General under Section 94.
Can a foreigner inherit a condominium unit?
Yes, but on a clock. Section 19 septem of the Condominium Act requires a foreigner who does not qualify under Section 19 and who acquires a unit by inheritance to notify the official in writing within 60 days and to dispose of the unit within one year of acquiring it.
Is the 99-year lease available yet?
No. Section 540 of the Civil and Commercial Code still caps a lease at 30 years. The 99-year lease and the 75% condominium quota proposed in 2024 are not law as at the date of this article.
Summary
- A condominium unit can be owned by a foreigner within the 49% ceiling on total unit floor area set by Section 19 bis of the Condominium Act B.E. 2522.
- Evidence of an inward foreign currency transfer of not less than the unit price is required by Section 19 ter (5), and a domestic loan cannot substitute for it.
- Foreign buyers pay the full 2% transfer fee, because the 0.01% measure running to 30 June 2027 is limited to natural persons of Thai nationality.
- Land is available only through Section 96 bis: at least THB 40 million invested, maintained for 3 years, up to 1 rai, with the Minister's permission.
- A lease of land is capped at 30 years, and one longer than three years must be registered or it binds for three years only.
- A company more than 49% foreign held has rights in land as an alien, and land acquired unlawfully is subject to a forced disposal.