Condos: the freehold route most buyers use
The Condominium Act lets a foreigner hold a condo unit freehold, with the unit title in their own name. Two conditions apply. First, all foreign owners together may hold no more than 49% of the total floor area of all units in the building (Section 19 bis). The quota is counted by floor area rather than by the number of units, so a building can be full for foreigners before half of its units are in foreign hands.
Second, you must fit one of the categories in Section 19. Most buyers use Section 19(5): they bring foreign currency into Thailand, or pay from a
In practice, ask about the quota before you fall for a unit. The building's juristic person (the owners' management body) issues a letter confirming there is foreign quota for the sale, and the Land Office asks for it on transfer day. Our guide to buying a condo in Pattaya covers the steps. When you find a unit you like, tell us the building and unit number and we check the quota with its juristic office before you pay a deposit.
Bringing the money in: the FET form
Your proof that the money came from abroad is the Foreign Exchange Transaction form, or FET, which used to be called Tor Tor 3. The receiving Thai bank issues it when foreign currency arrives and is converted to baht. Under a Bank of Thailand rule in force from 12 October 2010, the form is issued for inward transfers of USD 50,000 or more. For smaller transfers, keep every credit advice and ask the bank for a letter that lists the
- Send the money from the person who will be on the title. Joint buyers should remit in both names or send separate transfers for each share.
- Ask your bank to state the purpose as the purchase of a condominium unit, naming the project and unit if you can. A blank purpose, or words like investment or gift, may not tie the funds to the purchase.
- Buying
off-plan and paying the developer directly? The developer's bank issues the form. - Buying a resale unit? The seller's old FET does not pass to you, so you need your own.
- Do not split payments to stay under the threshold. Lawyers advise against it.
Land, houses and villas
The Land Code generally bars foreign individuals and foreign companies from owning land unless another law allows it. That is why a house or pool villa is the hard part for a foreign buyer.
The exceptions are narrow:
- Section 96 bis. A foreigner who brings in and invests at least THB 40 million in qualifying investments may apply to acquire up to 1 rai (1,600 m²) of land for a residence in Bangkok, Pattaya, a municipality or a residential zone. Each case needs the Interior Minister's permission, the investment must be kept for at least 5 years, and land not used as a residence within 2 years of registration can be disposed of. Lawyers describe approvals as rare.
- BOI promotion. A company promoted by the Board of Investment may own land needed for its promoted activity. The right follows the business, so it is no route to a private home.
- Inheritance. A foreigner who inherits as a statutory heir may acquire land with permission (Land Code Section 93).
A Thai company does not solve the problem either. For land purposes a company counts as foreign if foreigners hold more than 49% of its registered capital or make up more than half of its shareholders (Land Code Section 97).
Leasehold, superficies and usufruct
The usual way for a foreigner to live in a house on Thai land is a registered lease. A lease of land or buildings may not exceed 30 years (Civil and Commercial Code Section 540); a longer term is cut back to 30. It can be renewed, but each renewal is capped at 30 years from the date of renewal. A lease of more than 3 years must be in writing and registered at the Land Office, or it can only be enforced for 3 years. Registration costs 1% of the total rent for the whole term plus 0.1% stamp duty, about 1.1% in all.
Be wary of 30+30+30 offers. In Supreme Court Judgment No. 4655/2566, a Phuket lessee signed a
Two registered rights often sit alongside a lease:
- Superficies gives you ownership of a house or other structure on someone else's land. This is how a foreigner can own the building while the land stays in Thai ownership.
- Usufruct is the right to use land or buildings and take the benefit from them. Law firms disagree on whether it can be transferred or inherited.
- Habitation is a registrable right to live in a building.
Superficies and usufruct can run for up to 30 years or for the holder's lifetime, and both must be registered at the Land Office. A lawyer can tell you which combination fits your plans. If you are looking at landed homes, start with houses for sale in Pattaya or with East Pattaya, the city's main area for houses and pool villas.
Why nominee and company structures are a bad idea
Holding land for a foreigner through a Thai nominee, or through a Thai company set up only to hold the land, is illegal. Land Code Sections 111 and 113 carry up to 2 years in prison, a fine of up to THB 20,000, or both. A nominee agreement is void, so the foreigner usually cannot enforce it, and land acquired unlawfully can be ordered sold. Thais who hold shares for a foreigner to get around the Foreign Business Act face up to 3 years in prison, a fine, or both.
Enforcement is active in 2026. In May the Department of Lands tightened its checks: purchases or transfers of THB 5 million or more, or cash payments of THB 2 million or more, now trigger a review of the buyer's funds, income and occupation, and companies with foreign shareholders or directors are screened. On 19 October 2026 the Prime Minister, who is also Interior Minister, ordered priority investigations into 2,360 plots linked to 1,397 suspected nominee holders, due by the end of December 2026. Officials stress that the screening figures are not findings of wrongdoing. If anyone offers you a nominee setup, walk away.
The 75% quota and 99-year leases are still proposals
You may read that foreigners can now buy up to 75% of a condo building, or lease land for 99 years. Neither is law. In June 2024 the government announced plans for both, and a draft amendment allowing
Does buying property give you a visa?
No. Buying a condo does not by itself give you a visa. Thai property in your own name can count toward the investment for two categories of the Board of Investment's
What this means for buyers in Pattaya
For most foreign buyers here, the practical choice is a freehold condo on the foreign quota. The beach and central areas, such as Jomtien, Pratumnak, Central Pattaya and Wongamat, are mostly condominiums, so that is where the choice is widest. If you want a house with a garden, plan on a registered lease plus superficies, and budget for a lawyer to check the land title, the lease wording and the registration.
Our guide to Thai land title deeds explains what to look for on the deed, and the guide to property taxes and transfer fees shows what the Land Office charges on transfer day. Buyers pay 09Wi nothing: we are paid by commission from the owner. This guide is general information, not legal advice; for any purchase, use an independent Thai lawyer.
