GENERAL OWNERSHIP LAWS FOR FOREIGNERS Thailand

The Thai Laws limit the ownership of Real Estate by foreigners. For example, a foreigner can buy up to 1 rai (1600 m²) of land if he has invested at least 40 000 000 Baht in the country. There are however two ways for less rich foreigners to own a property in Thailand: leasing and creating a Thai company.

 - Leasehold

A foreigner may lease a property for 30 years, renewable two times for an additional 30 years each subject to the land owner’s consent. The law has recently changed for commercial and industrial properties, for which the duration of the lease is now 50 years.

 - Freehold Property

A Thai Limited Company may buy a freehold property and a foreigner can be the shareholder of a Thai company to a maximum of 49% of the shares. At least 51% must be owned by Thai nationals, but the foreigner can have control of the company by using several legal methods such as preferential shares and/or full power of attorney from the Thai shareholders. The company cannot be dormant, must publish yearly accounts, and pay taxes.

The legal way for a foreigner to use that system is:

1.   To form a Thai company which buys the land.

2.   The company then leases the land to the foreigner.

Consequently, the company is not dormant (it has bought and is leasing a plot of land) and it can publish yearly accounts.

This solution brings another advantage: under certain conditions, the foreigner has the right to a non-immigrant B (business) visa giving him the permission to stay one year renewable every year.

Please note that a foreigner may buy a condominium apartment without any restriction. There are however very few of those in Koh Samui.

If you need our help for anything not listed above, just ask us by e-mail and we shall do our utmost to help you.
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