A foreigner can own a house in Thailand as a building, but in almost every case cannot own the land under it. The legal alternatives are rights registered at the Land Office: a lease of up to 30 years, a usufruct, or a superficies that lets you own the building on someone else's land (Civil and Commercial Code and Land Code, as of October 2026).
For a home in a building, a condominium unit is the one property a foreigner can own outright, and our guide to buying a condo as a foreigner covers the quota and the costs. This page is for everyone who wants a house with a garden instead. It explains what each legal tool gives you, where each one ends, and why the shortcuts sold to foreigners are risky.
We explain what the codes say, using English translations of the Thai law. This is not legal advice. Every arrangement below depends on how the contract is drafted and what is registered, so use your own licensed Thai lawyer, separate from the seller's, before you pay anything.
House and land for foreigners: the legal tools (October 2026)
- Land
- Only under a treaty (Land Code s.86), and none is currently in use; one narrow investment exception (s.96 bis)
- Lease
- Max 30 years per registration (CCC s.540); over 3 years must be written and registered (s.538)
- Usufruct
- Use and income of the property, for a period (max 30 years) or for life; ends when you die (s.1418)
- Superficies
- Right to own a building on another's land; can be inherited and transferred (s.1411)
- Land Office fee
- 1% to register a lease or a paid right; 50 baht per plot when there is no capital value
- 99-year leases
- Only a proposal under study; not law
Why the land is off-limits, and the one exception
Section 86 of the Land Code lets foreigners acquire land only under a treaty, and the English translation published by Thailand Law Online notes that no such treaty is currently in use. For a private buyer, that closes the door to a land title in your own name, and permanent residency does not change it.
The exception is section 96 bis. A foreigner who brings in more than 40 million baht of investment may, with the Interior Minister's approval, acquire up to 1 rai (1,600 square meters) of land for a home. The ministerial regulation attaches conditions: the investment must be in a business that benefits the country or is promoted by the Board of Investment, it must be kept for at least three years, and the land must lie in Bangkok, Pattaya City, a municipality or a residential zone under a city plan. Under section 96 ter, if the land is not used as a home within two years of registration, the Minister can order it sold. Companies promoted by the Board of Investment can also hold land for approved projects, which is a business route, not a private one.
A registered lease, and what "renewable" really means
The lease is the most common tool. Under section 538 of the Civil and Commercial Code, a lease of land or a building for more than three years, or for life, must be in writing and registered by the Land Office. If it is not, it can be enforced for three years only. Section 540 caps a lease at 30 years; a longer term is cut to 30.
Section 540 also allows a lease to be renewed, but the renewal itself cannot exceed 30 years from the time of renewal. A contract that promises "30 + 30 + 30 years" therefore contains one registered lease and two promises. The promises are contract terms between you and the landowner. They are not registered rights, they do not bind a new owner the way the registered lease does, and whether a court would enforce them is uncertain.
"Renewable to 90 years" is a sales line, not a registered right. Only what the Land Office registers protects you against a new owner or the landowner's heirs. Plan your finances on 30 years, and treat any renewal as something you may have to negotiate again.
Two more rules help the lessee. Section 541 allows a lease for the life of the lessor or the lessee, and section 569 says a lease is not ended by a sale of the property: a registered lease follows the land to the next owner.
Usufruct: a strong right that dies with you
A usufruct gives the right to possess, use and enjoy a property, and to take its income, such as rent (section 1417). It can be for a fixed period of up to 30 years, or for life; if the deed sets no period, it is presumed to be for life.
Its weak point is section 1418: a usufruct always ends on the death of the usufructuary. It cannot be passed to your heirs. It can let a foreign partner stay in the home for life, but it gives nothing to that partner's children. The owner can also require the usufructuary to insure the property and pay the premiums (section 1427), which is worth agreeing in writing; our page on home and contents insurance explains what such policies cover.
Superficies: owning the house on someone else's land
A superficies is the landowner's grant of a right to own buildings, structures or plantations on or under the land (section 1410). It is the legal tool that separates the house from the land, so that the building can be registered as yours while the land stays with a Thai owner.
Unlike a usufruct, a superficies can be transferred and inherited unless the deed says otherwise (section 1411). It can run for a period of up to 30 years or for the life of the landowner or the holder (section 1412). It can be ended if the agreed rent goes unpaid for two years in a row (section 1414). When it ends, the holder may remove the buildings and restore the land, or the landowner may offer to buy them at market value (section 1416).
Lawyers sometimes combine tools: a registered lease of the land plus a superficies over the house, or a lease plus a usufruct. Which combination suits you depends on your age, your heirs and who owns the land.
| Right | Longest term | Passes to heirs? | Typical use |
|---|---|---|---|
| Lease (s.538–541) | 30 years per registration, or a lifetime | Depends on the contract and registration; ask a lawyer | Renting the land or the whole property |
| Usufruct (s.1417–1428) | 30 years or for life | No, ends at death | Living in a partner's or relative's property |
| Superficies (s.1410–1416) | 30 years or for life | Yes, unless the deed says otherwise | Owning the building on leased land |
When a Thai spouse owns the land
A Thai husband or wife can own land like any Thai national, and mixed couples often consider buying their home this way. The legal reality is simple: the land belongs to the Thai spouse. The foreign partner cannot be named on the land title, whoever provided the money.
That matters if the marriage ends, and if the Thai spouse dies first, when the land passes under Thai succession rules to the Thai spouse's heirs; our page on when someone dies in Thailand covers the first steps for a family. A foreign partner who wants protection usually takes a registered right, such as a usufruct for life or a superficies over the house, and both partners make wills. How such rights interact with marital property and divorce is a question for a lawyer, not a template. Our guides to marrying a Thai citizen and to making a will in Thailand cover the paperwork on each side.
Companies and nominees: the route that gets people arrested
Under section 97 of the Land Code, a company counts as foreign for land purposes if foreigners hold more than 49% of the registered capital or make up more than half of the shareholders. A Thai-majority company can own land, but only if the Thai shareholders are real investors.
Using Thais who hold shares only on paper, with the foreigner paying and controlling, is a nominee arrangement. Section 113 makes acting as a nominee for a foreigner punishable by up to two years in prison and/or a fine of up to 20,000 baht, and section 96 lets the Director-General of the Department of Lands order the land sold. On 14 September 2026 the US Embassy warned of increased Thai enforcement against nominee structures, reported that several foreigners, including Americans, had been arrested, and noted new deportation guidelines in force since 28 August 2026. It advises consulting a licensed attorney.
A "standard company setup" offered with a villa is a red flag. If the seller or agent proposes a company with Thai shareholders you have never met, stop and get independent legal advice before signing. Our scams guide lists other warning signs in property deals.
Land Office costs for leases and other rights
The Department of Lands publishes the registration fees. Under Ministerial Regulation No. 47 (1998):
- registering a lease costs 1%; for condominium units the department says this is calculated on the rent for the whole lease period and any key money, so ask the Land Office whether it uses the same basis for a land lease;
- registering a real right with consideration, such as a paid usufruct or superficies, costs 1%;
- registering a right with no capital value costs 50 baht per plot;
- a transfer or creation of a right for consideration also needs stamp duty of 1 baht per 200 baht.
Stamp duty on the lease contract itself is often quoted online, but we could not confirm the rate on the Department of Lands page, so ask the Land Office. Building a new house brings other costs and permits from the local administration, which your builder and lawyer should handle.
The 99-year lease idea: still only a proposal
Since June 2024 the government has been studying longer leases of up to 99 years, together with a higher condo quota. In June 2026 the Bangkok Post still described both as under consideration, and we found no newer official step by October 2026. Until a law is passed and in force, the 30-year limit in section 540 applies to every lease, and contracts written "in anticipation" of 99 years give you no more than the law allows today.
Renting a house first, for six months or a year, is a cheap way to learn a neighborhood before you commit to a long lease; our guide to renting a condo or house explains deposits and contracts. If you later leave Thailand, our guide to selling a condo explains the seller's side of a land office transfer, and the living in Thailand hub collects the other guides for residents.
Frequently asked questions
Can a foreigner buy a house in Thailand?
A foreigner can own the house as a building, but generally not the land. The usual routes are a registered lease of the land for up to 30 years, a usufruct, or a superficies that lets you own the building on land owned by someone else. A 40-million-baht investment route allows up to 1 rai, with conditions.
Can a 30-year lease in Thailand be renewed?
Yes, but each renewal is limited to 30 years from the time of renewal, and a promise to renew in the contract is not a registered right. Only the registered lease binds a new owner, so treat renewal options as uncertain.
Does a usufruct pass to my children?
No. Section 1418 of the Civil and Commercial Code says a usufruct ends when the usufructuary dies. A superficies, by contrast, can be inherited unless the deed says otherwise, which is why lawyers often combine different rights.
Can I put land in my Thai wife's or husband's name?
Your Thai spouse can own land, but it is legally theirs, and you cannot be named on the title. Protection for the foreign partner comes from separately registered rights and wills, which a lawyer should set up with both of you.
Is it legal to own land through a Thai company?
Only if the company is genuinely Thai-majority under section 97 of the Land Code. Using nominee shareholders is a crime under section 113, and the US Embassy reported arrests of foreigners in nominee structures in September 2026.
Sources
- Thailand Law Online – Land Code, English translation (checked October 2026)
- Thailand Law Online – Civil and Commercial Code, lease (ss. 537–571) (checked October 2026)
- Thailand Law Online – Civil and Commercial Code, superficies (ss. 1410–1416) (checked October 2026)
- Thailand Law Online – Civil and Commercial Code, usufruct (ss. 1417–1428) (checked October 2026)
- Department of Lands – Fees, taxes and duties for land registration (Thai) (checked October 2026)
- US Embassy Bangkok – Alert: increased Thai enforcement against real estate and business ownership by foreigners (14 September 2026) (checked October 2026)
- Bangkok Post – Crackdown unlikely to hit foreign property demand (24 June 2026) (checked October 2026)