Freehold ownership in Thailand offers permanent control over a condominium unit, while leasehold provides long-term usage rights—typically 30 years—for land or villas. Foreigners can legally hold freehold condos but must lease land-based properties.   🏡 Freehold vs Leasehold in Thailand: A Clear Comparison ✅ What Is Freehold Ownership? Freehold means full legal ownership of a property, without time limits. In Thailand, foreigners can own condominium units under the Condominium Act, provided:

• The building’s foreign ownership does not exceed 49% of total floor area
• Funds are transferred from abroad with a Foreign Exchange Transaction (FET) form
• Ownership is registered at the Land Office with a Chanote title deed

Benefits:

• Permanent ownership with full resale rights
• Inheritable under Thai law
• No renewal or renegotiation required
• Greater long-term capital appreciation

Limitations:

• Only applies to condos—not land or standalone houses
• Building must have available foreign quota
• Requires proper documentation and foreign currency transfer

⚠️ What Is Leasehold Ownership? Leasehold means you rent the land or property for a fixed term—usually 30 years, renewable once or twice (e.g., 30+30+30). Common for villas, townhouses, or land-based homes. Benefits:

• Legal access to land-based properties
• Lower upfront cost compared to freehold
• Can be structured with renewal clauses or company ownership

Limitations:

• Lease must be registered at the Land Office
• Renewal is not guaranteed under Thai law
• Not inheritable unless structured via corporate or contractual mechanisms
• Resale value may be lower due to time-limited tenure

    🧠 Which Is Better for You?

• Choose freehold if you want permanent ownership, resale flexibility, and legal clarity—ideal for condos in Pattaya, Bangkok, or Phuket.
• Choose leasehold if you’re buying a villa or house on land, and you’re comfortable with long-term usage rather than ownership.

For your real estate site, I can help you create FAQ entries or comparison tables tailored to German and English audiences—especially for explaining leasehold risks and freehold benefits to foreign buyers. Sources: Property in Thailand – Leasehold vs Freehold Guide Own Property Abroad – Freehold vs Leasehold Explained Digital Villas – 2025 Ownership Guide

Foreigners cannot directly own land in Thailand, but there are several legal structures that allow long-term control over property — including freehold condominiums, leasehold agreements, and registered rights like usufruct or superficies.

 

🏡 Legal Ownership Options for Foreigners in Thailand

1. Freehold Condominium Ownership

• Under the Thailand Condominium Act, foreigners can own up to 49% of the total floor area of a condominium building.
• This is the only form of direct property ownership where a foreigner can hold a title deed (Chanote) in their own name.
• Funds must be transferred from abroad and documented via a Foreign Exchange Transaction (FET) form.

2. Leasehold Agreements

• Foreigners can lease land or houses for up to 30 years, with the option to renew for another 30 years.
• Leases must be registered with the Land Office to be legally enforceable.
• Common for villa purchases where the land is leased and the building is owned separately.

3. Usufruct & Superficies

• Usufruct grants the right to use and benefit from a property during your lifetime, without owning it.
• Superficies allows ownership of a building on land owned by another party (often used with leasehold).
• Both must be registered at the Land Office and are valid for up to 30 years or lifetime, depending on the contract.

4. Thai Company Ownership

• A Thai majority company (at least 51% Thai shareholders) can legally own land.
• Foreigners may hold up to 49% of shares, but this structure is heavily scrutinized and must be legitimate — nominee structures are illegal.
• Requires full accounting, tax compliance, and active business operations.

5. Marriage to a Thai National

• A foreigner married to a Thai citizen may acquire land, but the land must be registered in the Thai spouse’s name.
• The foreign spouse must sign a declaration waiving any claim to the land.

6. BOI Exemption (Rare)

• Under Section 96 bis of the Land Code Act, foreigners may own up to 1 rai (1,600 m²) of land for residential use if they invest at least 40 million THB in approved Thai assets.
• Requires approval from the Ministry of Interior and is non-transferable and non-inheritable.

 

⚠️ Important Legal Notes

• Foreign land ownership is strictly prohibited unless under rare exemptions.
• Avoid any offer claiming “full land ownership” in your name — it’s likely illegal and puts your investment at risk.
• Always consult a licensed Thai property lawyer before signing contracts or transferring funds.