Consider buying property in Thailand
Thai property laws prohibit foreigners from owning land in Thailand. However, should you wish to own property, there are several alternatives available.

1. In the name of a company
Foreigners may acquire land by purchasing land in the name of a Thai company, that is, a company where at least 51 percent of the shares are Thai-owned.

2. BOI investment
Foreigners who invest at least 40 million baht for at least 5 years, for purposes other than real estate, may obtain permission from the Ministry of the Interior to buy up to one rai (1,600 square meters) of land for residential purposes.

3. Marriage to a Thai citizen
Due to a change in property laws in 1999, a Thai citizen with a foreign spouse may now own land. The foreign spouse must sign a declaration stating that the funds used to buy the land belongs to the Thai spouse, thus waiving the foreign spouse’s right to ownership. The land must be registered under the Thai partner’s name.

4. Lease
Foreigners may lease land for up to 30 years, after which they may renew their lease contract if they wish. This is the least complicated option for foreigners as they will have the right to use the land without having to obtain ownership. Note, however, that the Land Department requires any land lease of over 3 years to be registered with the government.

5. Structure ownership
A clause in the property laws allows a company or Thai spouse to grant Right of Superficies to a foreigner. This gives a foreign individual right of ownership of all buildings and constructions on the land, but not ownership of the land itself. The Right of Superficies is granted for up to 30 years, after which it may be renewed.

Please note that Bell Real Estate recommends that you conduct a title search in order to verify with the Land Department what type of title deed you would acquire and to guard against being issued a counterfeit title deed.