Legal guide
Buy safely. We did the legal homework.
Ten guides distilled from Thai law practice - ownership, leases, contracts, taxes and transfers.
Guide topics
Guide 1 of 10
Foreign ownership rules
What a foreigner can own outright in Thailand, what is off-limits, and the legal structures that bridge the gap.
6 questions answered
Guide 2 of 10
Leasehold vs freehold
What a 30-year lease really protects, why “90 years” is marketing, and the real rights that outlast a contract.
6 questions answered
Guide 3 of 10
The purchase process
Reservation, due diligence, sale agreement, money transfer, Land Office closing - the steps in the only safe order.
5 questions answered
Guide 4 of 10
Due diligence
Title deeds, encumbrances, zoning, developer checks and the building-level questions that catch problems before money moves.
5 questions answered
Guide 5 of 10
Contracts and consumer protection
Which buyers Thai law actually protects, the clauses courts strike down, and why the Thai text is the contract.
5 questions answered
Guide 6 of 10
Taxes and fees
Transfer fee, business tax vs stamp duty, the annual property tax and how rental income is taxed - with who-pays-what.
5 questions answered
Guide 7 of 10
Money transfer and the FET form
Why the purchase money must come from abroad, what the FET form proves, and how to wire without blocking your own registration.
5 questions answered
Guide 8 of 10
Inheritance and wills
What your heirs can actually keep - condo, land, lease - and the Thai will that spares them a year of probate friction.
5 questions answered
Guide 9 of 10
Off-plan risks
Why your instalments fund the construction, what escrow does and does not exist, and how handover is won at the snag list.
5 questions answered
Guide 10 of 10
Common buyer mistakes
The predictable ways foreign buyers lose money in Thailand - every one of them avoidable before the deposit.
4 questions answered
Quick answers
The lead question from every guide, answered in brief - each one links to the full topic.
Can a foreigner own property in Thailand?
Yes, with a sharp boundary. A foreigner can own a condominium unit freehold under the Condominium Act, registered in their own name with a unit title deed. Land is prohibited: the Land Code bars foreign individuals from holding land title, so houses and villas are held through a registered lease, a usufruct or superficies right, or ownership of the building separate from the land.
How safe is a 30-year lease in Thailand?
A lease of up to 30 years, registered on the title deed at the Land Department, is a solid and enforceable right that survives a sale of the property. The two failure modes are avoidable: an unregistered lease over 3 years is enforceable for only 3 years, and anything promised beyond the registered term is not a property right.
What are the steps when buying property in Thailand?
Five stages: a reservation agreement with a fee takes the unit off the market; a due diligence window verifies title, quota and the developer; the sale and purchase agreement fixes price and terms with a 10-20% down payment; the purchase funds are remitted from abroad with bank FET documentation; and closing at the Land Office, where taxes are paid and the transfer is registered. Off-plan adds staged payments and a handover inspection.
What should due diligence cover before buying?
Two layers. Title: a fresh Land Department extract showing the owner, boundaries, registered access and every encumbrance - mortgages, leases, usufructs, seizures - recorded on the deed. Zoning: the master-plan zone, permitted use and density, height and setback rules, and environmental restrictions. A clean title does not mean you can build, and good zoning does not cure a weak title.
Does Thai consumer protection cover my purchase?
If you buy a freehold unit from a licensed condominium developer - yes, strongly: such sales are contract-controlled, mandatory minimum terms apply, clauses contradicting them are void even if signed, and foreigners are protected on the same footing as Thais. Leasehold agreements and unlicensed private projects fall outside the contract-controlled regime, and private resales rely mainly on the general civil law and the contract itself.
What taxes and fees do I pay when buying?
As of mid-2026, four possible payments at the Land Office: a 2% ownership-transfer fee; specific business tax of about 3.3% when the seller is a company or resells within five years, otherwise stamp duty of about 0.5% instead; withholding income tax - flat 1% for corporate sellers, a progressive calculation for individuals; and a 1% mortgage registration fee if financing. Taxes are computed from the official appraised value, not simply the contract price.
Why must my purchase money come from abroad?
Because the Condominium Act ties foreign freehold to imported capital: a foreigner registering a unit must show the price was paid with funds remitted from abroad in foreign currency and converted to baht in Thailand. Baht already held onshore or borrowed from a Thai bank generally does not qualify, and without the bank paperwork the Land Department refuses registration.
Do I need a Thai will for my Thai property?
Not legally required - a foreign will can be recognised after translation and legalisation - but strongly advisable: a Thai-law will lets the probate court act directly and saves months. The common form is a written will, dated and signed before two witnesses; beneficiaries must not witness, or the gift to them is void. Limit it to Thai assets so it cannot collide with your home-country will.
Is my money protected when I buy off-plan?
Usually not by escrow. Thailand's Escrow Act makes escrow available but voluntary, and most developers decline it - buyer instalments typically fund construction directly. Protection comes instead from developer due diligence, a contract with delivery deadlines, penalties and refund terms, and keeping the share paid before completion as low as the payment plan allows.
Which legal-structure mistakes cost buyers the most?
Three dominate: believing 30+30+30 lease marketing when only the first registered 30 years is a protected right; buying in an unregistered apartment building where no unit title and no foreign freehold can exist; and using nominee structures - a fronting Thai company or spouse - which are illegal, increasingly enforced against, and can end in forced sale with criminal exposure.
Get legal guidance before buying
Every deal we accompany starts with the legal structure, not the brochure. Ask us your question - ownership form, contract terms, money transfer - and get a straight answer before any deposit.
General information, not legal advice. Rates and thresholds change - we confirm current figures for your specific transaction.