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call-pattaya-house

FAQ – Thailand Property

Pattaya_Bay

The following is a list of common questions about property purchases in Thailand among foreigners whom are planning to either buy or sell their property in the kingdom.

Q1. Are foreigners legally allowed to own land in Thailand?

A1: Foreigners are not allowed to personally own land in Thailand. Although other alternatives exists for through which foreigners could gain some control over land (for instance by setting up a Thai Company), we do not offer these types of properties to our foreign (non Thai) customers.

Q2: Are foreigners allowed to own a structure on land?

A2: Structures such as buildings are legally considered to be part of the land on which a structure is erected. However, structures may be separate from the land if the structure is build on top of leased land. In these cases, foreigners may own the structure which is constructed on rented or leased land.

Q3: What does Thai law say about leasing land?

Q3: Any land lease of a period of 3 years or more has to be registered at the Land Department. For this, some fees must be paid. The maximum length of a land lease is 30 years. The land lease term could be extended by another 30 years. A land lease fee will need to be paid at the beginning of each 30 year land lease term.

Q4: What does the Thai law state about condominium ownership?

A4: The Condominium Act (known as Commonly-Owned Housing act) defines each condominium as structure which features both privately-owned property as well as common property. The owners of such a condominium own the land through the juristic person of the condominium

Q5: Are foreigners legally allowed to own condominium units in Thailand?

A5: Any foreigner (non-Thai) who has entered into Thailand legally may have a right to have a freehold ownership of a condo unit. Among the stipulations include that the condo must be located in certain municipal jurisdictions, such as in Bangkok, Pattaya or Phuket.

Moreover, condo units which are owned may not exceed 49% of total space of the condo project. Other restrictions do apply as well, such as how funds are transferred into the kingdom for the purchase of the condo unit.

Q6: Is it possible for a foreigner to buy a property in Thailand, while not being in the country at the time of the purchase?

A6: Yes, this could be done by appointing an attorney, by a power of attorney to act on your behalf.

Q7: What are the land measurements in Thailand?

A7: In Thailand, the measurements of land are indicated in Rai, Ngan and Wah as follows:

- 1 Rai = 4 Ngan (or 1600 Sq.m.)

- 1 Ngan = 100 Wah (or 400 Sq.m.)

- 1 Wah = 4 Sq.m.

- 1 Acer = 2.5 Rai

- 1 Hectare = 6.25 Rai

Q8: Is it legal for foreigners to rent out a property in Thailand?

A8: Yes. Foreign owned property is legal to rent out. Some banks would allow the foreign owner to open a bank account to collect rents. Note, however, that a personal income tax filing must be made for any income earned in Thailand.