Can foreigners own land in Thailand? Check the proposed route

Check inheritance and family arrangements separately

An inheritance or a purchase involving a Thai spouse raises questions that an ordinary foreign-buyer checklist does not settle. Ask counsel which statutory route, permission and evidence apply to the actual facts. Establish whose property the land will be, what any funds declaration means and whether a separately documented right is intended for the foreign family member. Marriage or an expectation of inheritance should not be treated as proof of an existing registered land interest.

Separate land ownership from other property rights

A foreign-owned condominium unit, a registered land lease and ownership of a building are not interchangeable. Ask the seller to identify the instrument that will be registered in your name. Write down the asset, duration, permitted use and who retains the underlying ownership. If the explanation shifts between ‘owning the villa’, ‘controlling the company’ and ‘owning the land’, pause until counsel reconciles the statements with the documents.

Treat a Section 96 bis claim as an application to verify

The Department of Lands publishes a residential acquisition procedure under Section 96 bis. It concerns a limited area, qualifying investment and permission, with conditions to satisfy. It is not enough that a buyer can afford an expensive villa. Ask counsel to identify the current eligibility rules, qualifying investment, location restrictions, required approvals and consequences of later non-compliance. Do not make a non-refundable commitment on the assumption that permission will be granted.

BOI promotion is tied to approved business activity

BOI land privileges under Section 27 concern promoted entities and land approved for the promoted activity. They do not turn a private holiday-home purchase into an ordinary foreign land acquisition. If promotion is cited, request the promotion certificate, land permission and approved-use documents, then have counsel reconcile them with the proposed transaction. A company displaying a BOI logo does not establish that a particular parcel or intended use is authorised.

A company requires a corporate investigation

Purchasing shares means investigating the company as well as its property: shareholders and beneficial interests, business activities, funding, accounts, tax history, debts, litigation and signing authority. A clean-looking land title does not reveal every company obligation. Thai nominee arrangements used to evade foreign ownership restrictions are unlawful; Suradeed does not design or facilitate them. Request independent advice if a package is marketed primarily as a way around the land rules.

Compare lawful alternatives against your actual needs

Where ordinary land ownership is unavailable, ask whether an eligible condominium purchase or appropriately documented land-use arrangement fits your objectives. Compare the duration and transferability of the right, succession questions, building ownership, access and obligations on termination. These are separate due-diligence questions, not reasons to accept a standard contract without review. A sustainable purchase is one whose limitations you understand before paying, rather than one whose brochure promises ownership without explaining how.

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