Thailand Property Lawyers

Frequently asked questions

Quick answers to the questions we hear most from foreign buyers, each linking through to the full guide on that topic. If your question isn’t here, browse the full set of guides from the homepage, or take a specific question straight to a licensed lawyer.

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Thailand Property Lawyers explains how the rules generally work. When you need advice on your specific purchase, contract or title — our recommended partner for foreign buyers is Anglo Siam Legal.

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This page is general information, not legal advice. Thai property law, official fees and procedures change, and every purchase turns on its own facts — the title, the building, the seller, the structure you use. Nothing here creates a lawyer-client relationship. Before you commit money, verify the current rules and figures with a licensed Thai lawyer.

Can a foreigner own land in Thailand?

As a general rule, no. Foreigners can own condominium units freehold (within the building’s foreign quota), and can hold long-term rights over land and houses through registered leases, usufruct or superficies — but not land itself, and nominee workarounds are illegal. Ownership rules →

What is the foreign quota on condos?

Foreign ownership across any one condominium building is capped, commonly described as 49% of the building’s total saleable floor area. Always confirm how much quota remains for the specific building you are considering. Buying a condo →

Is a 30-year lease with renewal options as good as freehold?

Not quite. The initial registered term is a real, enforceable right, but renewal options are generally treated as a personal promise from the original landlord rather than a guarantee binding a future owner. Leasehold vs freehold →

Can I use a Thai company to buy land?

Only if it is a genuine company doing genuine business on the land, with real Thai shareholders. Using nominee Thai shareholders purely to control land for a foreigner is illegal under the Land Code and the Foreign Business Act. Property through a Thai company →

Where does the purchase money need to come from for a condo?

Generally, funds need to arrive in Thailand from abroad in foreign currency and be converted here, documented by the receiving bank, before the Land Office will register a foreigner as freehold owner. Buying a condo →

What title deed should I look for?

A Chanote is the strongest, GPS-surveyed full title. Nor Sor 3 Gor is confirmed and generally sellable. Anything below that needs real caution. Due diligence →

Who pays the transfer taxes and fees, buyer or seller?

Thai law does not fix this — it is negotiated and should be stated clearly in the sale and purchase agreement. Taxes & fees →

Is buying off-plan safe?

It can be, but it carries risks a completed purchase doesn’t: developer and licensing checks, payment-schedule risk, and the possibility the building reaches its foreign quota before every buyer converts to freehold. Off-plan risks →

Do I need a Thai will if I own property here?

It is strongly worth having one. Without it, your Thai property still has to go through Thai probate, and a foreign will takes longer to use because it needs translation and legalisation first. Inheritance →

Can my foreign heirs inherit my Thai land?

They can inherit it, but a foreign heir generally cannot hold registered land ownership indefinitely and is required to dispose of inherited land within a period set by the Land Code. This does not apply the same way to an inherited condo. Inheritance →

Is it safe to buy land through a Thai spouse?

It is a common structure, but the paperwork — including a source-of-funds declaration and, ideally, a registered usufruct protecting the foreign spouse — needs careful legal handling to be clear about what happens if the marriage ends. Buying through a Thai spouse →

What is the single biggest mistake foreign buyers make?

Paying significant money — a large deposit, an off-plan instalment — before due diligence and contract review are actually complete. Common scams & pitfalls →

Do I need to be in Thailand to complete a purchase?

Not necessarily — a properly prepared power of attorney can let your lawyer complete registration at the Land Office on your behalf. Purchase process →

Can a foreigner get a mortgage in Thailand?

Some Thai banks offer financing to foreign buyers, but eligibility is narrower than for Thai nationals and usually limited to certain property types and nationalities. Many foreign buyers instead finance a purchase through a loan secured in their home country. Mortgages & financing →

Is my deposit protected if a developer goes under?

Not automatically. Formal escrow protection is not universal in the Thai market, so your protection depends on the specific contract terms and whether you have negotiated a genuine third-party holding arrangement. Escrow & deposits →

How is tax calculated when I sell Thai property?

Withholding tax is generally calculated and collected at the Land Office at the point of transfer, with the calculation basis differing for individual and company sellers, and Specific Business Tax or stamp duty applying depending mainly on how long you held the property. Capital gains & resale tax →

What is a condo sinking fund, and why does it matter?

It is a reserve fund, separate from ongoing common fees, meant to cover major repairs like roof or lift replacement. A building with a healthy sinking fund is less likely to hit you with a sudden special assessment. Condo fees & the juristic person →

Can I own the house I build even if I don't own the land?

Yes, through a registered superficies right, which lets you own a building separately from the land it stands on. It needs to be properly registered at the Land Office to fully protect you. Renovating & building a house →

Can I gift my Thai condo to a family member?

Yes, but it still needs to be registered at the Land Office like a sale, and if the recipient is also a foreigner, the building’s foreign quota and eligibility rules still apply. Gift tax considerations can also apply. Transferring & gifting property →

What happens if I have a dispute with a seller or developer?

Most disputes start with gathering documentation and attempting negotiation or mediation before litigation. Thai courts hear property disputes like any civil claim, but outcomes depend entirely on the facts and evidence of your specific case. Property disputes & resolution →

Can I own the land itself if I build a house on it?

Generally no — the land ownership restriction applies whether or not there is a house on it. What you can own is the house itself, separately from the land, through a registered superficies right, while the land is held through a lease, usufruct, spouse purchase or company structure. Renovating & building a house →

Can I rent out my Thai condo short-term, like on a booking platform?

It depends on national hotel-licensing rules and, separately, the building’s own house rules, which often restrict short-term rentals even where the wider legal position might allow them. Confirm the specific building’s current rules before assuming rental income is possible. Condo fees & the juristic person →

Does marrying a Thai national let me own land?

No. Marriage does not change the land-ownership restriction. It opens the option of land being bought in the Thai spouse’s name, generally alongside a source-of-funds declaration and, ideally, a registered usufruct protecting the foreign spouse. Buying through a Thai spouse →

Is there a cooling-off period after I sign a property contract?

Not by default. Thai law does not provide a general statutory cooling-off right for property purchases — any right to withdraw without penalty needs to be negotiated into the contract itself before you sign. Purchase process & transfer →

Is this site a law firm?

No. Thailand Property Lawyers is an independent information and referral resource. For legal representation, we recommend our partner firm, Anglo Siam Legal. Using a lawyer →