Can Foreigners Own Land in Thailand?
3 Legal Conditions Updated July 2025 and Criminal Penalties Explained
Under Thai law, foreigners are generally prohibited from owning land in Thailand. However, the Land Department of Thailand has clarified that there are three legally permitted exceptions under which foreigners may acquire land without violating the law, provided all statutory conditions are strictly met.
Condition 1: Inheritance as a Statutory Heir (Section 93, Land Code)
Foreigners may acquire land by inheritance as statutory heirs under Section 93 of the Land Code, subject to Ministerial approval.
Total land holdings must not exceed statutory limits under Section 87, such as:
Residential use: not exceeding 1 rai per family
Industrial use: not exceeding 10 rai
Agricultural use: not exceeding 10 rai per family
The land must be used only for the approved purpose. Any change of use requires prior Ministerial approval under Section 89.
Condition 2: Purchase of Up to 1 Rai for Residence with Investment of at Least THB 40 Million (Section 96 Bis)
Foreigners may own up to 1 rai of land for residential purposes if they invest no less than THB 40 million in Thailand under Section 96 Bis of the Land Code.
Key requirements include:
Investment must benefit the Thai economy or society
Or be in BOI-promoted business categories
Investment must be maintained for at least 3 years
Land must be located in approved residential zones (Bangkok, Pattaya, municipalities, or town-planning zones)
Condition 3: Acquisition Under Specific Laws Granting Ownership Rights
Foreigners may own land if ownership is granted under specific statutes, such as:
Investment Promotion Act
Industrial Estate Authority of Thailand Act
Petroleum Authority of Thailand Act
Eastern Economic Corridor Act
Criminal Penalties for Nominee Landholding
Using Thai nominees or juristic persons to hold land on behalf of foreigners constitutes a criminal offense.
Penalties include:
Criminal Code Section 267: false statements to officials (up to 3 years’ imprisonment or fine)
Land Code Sections 111–113: illegal land acquisition (up to 2 years’ imprisonment or fine)
Summary
Foreign land ownership in Thailand is allowed only under specific legal exceptions.
Nominee structures are illegal and punishable by imprisonment and fines.
FAQ – Foreign Land Ownership in Thailand
Q: Can foreigners buy land in Thailand?
A: As a general rule, foreigners cannot own land in Thailand, unless they fall under one of the three legal exceptions prescribed by law.
Q: Is it legal to use a Thai person to hold land on behalf of a foreigner (nominee)?
A: No. Nominee landholding is illegal and constitutes a criminal offense under Thai law.
Q: If a foreigner invests THB 40 million, can land be purchased anywhere in Thailand?
A: No. The land must be located in areas permitted by law, such as Bangkok, Pattaya, municipal areas, or zones designated for residential use under town planning laws.
