Foreigners can own a condominium unit freehold in Thailand, within a quota, but not land. This guide sets out how freehold and leasehold work, what has to be checked before you pay, the costs and taxes, and which visas suit a long stay.
Reviewed 27 October 2026
In short
- A foreigner can hold a condominium unit freehold, in their own name, while foreign ownership of the building stays within 49% of its total floor area. A foreigner cannot hold freehold title to land.
- Villas and other houses stand on land, so they are usually held on a lease. An ordinary lease of land is capped at 30 years by the Civil and Commercial Code, and a promise of renewals is a personal contract, not a property right.
- The money for a condominium has to arrive from abroad, in foreign currency, in your own name, and the bank records it on a foreign exchange transaction form. The Land Department asks for it when the unit is registered.
- Owning property does not give a visa. The Long-Term Resident visa of the Board of Investment counts a Thai property investment of at least USD 500,000, together with USD 1 million in assets, for the Wealthy Global Citizen category.
- The standard transfer fee is 2% of the appraised value. On a resale, a seller who has held the property for less than five years pays specific business tax of 3.3%, and after five years stamp duty of 0.5% instead.
- The 99-year lease and a higher condominium quota have been discussed for years. As at this review they are proposals, not law.
Ownership forms for foreigners
Thai law lets a foreigner own a unit in a registered condominium freehold, under the Condominium Act, as long as the foreign share of the building stays at or below 49% of the total floor area of its units. The share is counted for the whole building, and the building’s juristic person (its management office) can certify whether the unit falls inside the quota. A buyer owns the unit and a share of the common property, not the land under the building.
Land is different. Foreigners cannot hold freehold title to land in Thailand, so a house or a villa is usually held through a lease, through a Thai company in which foreigners are a minority, or through another structure that needs a Thai lawyer. Arrangements in which a Thai person holds land as a nominee for a foreigner are unlawful and are being enforced more strictly; do not use them.
The quota is a rule for buildings, so an advisor will ask the juristic person for the current figure before any deposit, and a good developer will state which units have been sold to foreigners. Some projects set a lower internal limit than the 49% of the law.
Freehold and leasehold in practice
A freehold condominium unit stays with its owner without a time limit. It can be sold, passed on and, within the quota, financed; the unit is registered at the Land Department under the owner’s name. In a registered condominium the land is held jointly through the common property, so the unit keeps its value as long as the building stands.
A lease gives the right to use a property for a fixed period. Under Section 540 of the Civil and Commercial Code an ordinary lease of immovable property is capped at 30 years. Contracts often add two or three renewal options of 30 years, written as 30 plus 30 plus 30. Reports of a Supreme Court ruling say such pre-agreed renewals beyond the first term cannot be enforced, so the safe reading is that only the first 30 years are certain. A lease also loses value as it ages, so check the years remaining and the rules on resale, inheritance and what happens at the end.
A longer lease, discussed under the name of a 99-year lease, and a condominium quota of 75% have been proposed more than once. As at the date of review neither is law, so a purchase should not rely on either.
How to pay and what the bank records
To register a foreign-owned condominium unit, the Land Department asks for evidence that the price came into Thailand from abroad in foreign currency. The money should be sent from a foreign account in the buyer’s own name and marked as the purchase of a property. The Thai bank then issues a foreign exchange transaction form for an inward transfer of USD 50,000 or more, and for smaller amounts a bank letter and the credit advices serve the same purpose. A transfer described as a gift or an investment, or one sent by a third party, can cause trouble at registration.
Keep every record of the transfer. The form is the buyer’s proof if the unit is later sold and the owner wants to take the money out of Thailand. Agree in the contract in which currency the price is quoted and who bears the exchange cost.
Taxes and costs
At transfer, the standard fee is 2% of the appraised value, which the parties usually share, although it can be agreed otherwise. Thailand has reduced the transfer and mortgage fees to 0.01% until 30 June 2027, but only for individual buyers who are Thai and for prices, appraisals and mortgages within THB 7 million, so a foreign buyer of a residence of this kind pays the standard fee.
When the property is later sold, either specific business tax or stamp duty applies, not both. A seller who has held the property for less than five years pays specific business tax of 3.3% of the higher of the appraised value and the price; after five years, or when the seller’s name has been on the house registration for a year, stamp duty of 0.5% applies instead. A withholding tax on the sale also applies and depends on who is selling; the contract should say who bears it.
Each year the owner pays the land and building tax. The law sets a ceiling of 0.3% for residential property, and the rates in force are lower and depend on the value and on whether the owner lives there. The management office also charges monthly common-area fees and, in some projects, a sinking fund that new owners pay in advance. Ask for the current figures in writing.
Rent paid to a foreign owner is subject to withholding tax, reported at 15% of the gross rent for a non-resident, and the owner can file a return to claim any credit. The owner needs a Thai tax number for this.
Visas and residence
Buying a home does not give a visa or a right to live in Thailand. Visits are made under a visa exemption or a visa. Since 15 September 2026 the visa-exempt stay for most eligible nationalities is 30 days, for tourism only, with a possible extension of up to 30 days at an immigration office. The list of eligible countries and the rules change, so check your nationality on the official pages before you travel.
For a long stay, several routes exist, each with its own conditions. The Long-Term Resident visa of the Board of Investment is valid for ten years in two periods of five. Its Wealthy Global Citizen category requires USD 1 million in assets and a Thai investment of at least USD 500,000 made in the applicant’s own name before applying, and a Thai property purchase can count toward the investment; the Wealthy Pensioner category, for those aged 50 and over, also has a property option. Health insurance or a deposit is required.
The Destination Thailand Visa is a five-year multiple-entry visa for stays of up to 180 days at a time, for remote workers and others, with proof of funds of about THB 500,000. A retirement visa (non-immigrant O-A) is available from the age of 50 with a deposit or income test. Thailand Privilege is a paid membership with long stays, not a visa for work. Always confirm fees, rules and any 2026 changes with the embassy or the Immigration Bureau.
A foreigner staying in Thailand must have the address notified to immigration within 24 hours of arrival (the TM30 form), which the owner does when living in their own unit, or the manager does for a rented one, and must report to immigration every 90 days when staying longer.
Renting your residence
Many owners of resort residences place their home in a rental programme, which the developer or the resort runs. Stays of less than 30 days are treated as hotel use in Thailand and generally need a hotel licence, and many condominium rules forbid them, with enforcement rising in Phuket. Check the building’s rules and the terms of any rental programme before you rely on income, and remember that income from rent is taxed.
How a purchase usually goes
- Choose the unit, then ask for the title documents: the condominium title deed, the juristic person’s certificate and the quota figure of the building.
- Sign a reservation agreement for a short period, with the price and the conditions. Do not pay a large deposit before the checks are done.
- A Thai lawyer checks the title, the quota, the building’s debts and fees and the draft contract.
- Send the balance from your foreign account in your own name, with the purpose stated, and keep the bank’s transfer form.
- Transfer at the Land Department: both sides sign, the fees and taxes are paid and the title is registered in your name.
- Set up the management, insurance, utilities, any rental programme and the reporting to immigration, and file for a Thai tax number if you will earn rent.
Official and primary sources
- Board of Investment: Long-Term Resident (LTR) visa, categories and requirements
- Land Department of Thailand
- Royal Thai Embassy, London: Destination Thailand Visa
- Tilleke & Gibbins: the LTR visa pathway through property investment (30 April 2026)
- Forvis Mazars Thailand: reduced land transfer and mortgage fees extended (2026)
- Vialto Partners: change to the visa exemption scheme from 15 September 2026
- Thai Law Online: the foreign exchange transaction form for a condominium purchase
- Austrian-Thai Chamber of Commerce: Supreme Court ruling on long-term lease renewals (2025)
This page is general information, not legal, tax or immigration advice. Ownership rules, fees, taxes and visa conditions are set by the Thai authorities and change. As at the date of review, confirm with the Land Department, the Revenue Department, the immigration office or an embassy, and a licensed Thai lawyer before you pay a deposit.