Thailand remains a dream destination for many Americans, retirees, remote professionals, and lifestyle investors. Yet, the legal landscape for property ownership by foreigners, including Americans, is both highly regulated and evolving, with Thai law offering only defined and limited options for the acquisition of legal real estate.
Can Americans Own Property in Thailand?
Direct Freehold Land Ownership:
By law, foreigners, including Americans, cannot directly own land (freehold) in Thailand. The Land Code, enforced since 1954, explicitly restricts non-Thais from holding land titles, and the last foreigner-friendly treaty was phased out decades ago. Legal exceptions are rare, and any attempt to sidestep these restrictions with “shell” or nominee structures is now closely monitored and penalised.
Condominium Ownership
Condo Units (Freehold):
- American citizens can purchase and own condominium units outright, provided that foreigners do not collectively exceed 49% of the total floor area in any one condominium development.
- Ownership is registered on the title deed, providing full resale and inheritance rights.
- Funds for the purchase must be remitted from overseas and documented for registration at the Land Department.
- This remains the safest and most straightforward pathway for Americans seeking legal, transferable property in Thailand.
Land and House Ownership
Houses and Villas (on Leased Land):
- While land is off-limits for foreign freehold ownership, an American can legally own the building (house or villa) constructed on land secured through a registered leasehold.
Leasehold Agreements:
- Standard lease terms are 30 years, granted and registered at the Land Department.
- Renewals are possible, though the Supreme Court’s 2025 ruling clarified that only the first 30 years are a legal right; further extensions depend on the mutual agreement with the landlord at the time of renewal and are not automatically enforceable in court.
- All leases exceeding three years must be registered to be legally binding.
Superficies/Sap-Ing-Sith Rights:
- These legal structures allow ownership of the building separate from the land for longer terms.
Company Ownership
Company Route (Thai Company):
- While some foreigners have historically set up Thai companies to buy land, this is now tightly regulated.
- Thai nationals must own at least 51% of shares, and the business must engage in genuine, ongoing commercial activity, not exist solely for landholding.
- Use of nominee shareholders to circumvent the law is illegal, closely scrutinised, and penalised.
BOI-Promoted Companies:
- Only companies promoted by Thailand’s Board of Investment (BOI) for approved business projects are eligible for 100% foreign ownership and landholding, and only for operating that business (not for personal residence).
US-Thai Treaty of Amity:
- This treaty allows American citizens and companies to operate majority or wholly owned businesses in Thailand in specific sectors, but excludes real estate and land acquisition, except where related to approved business activities.
- The treaty does not override the core prohibition on residential landholding.
Investment Exception
Large-Scale Investment Exception:
- Foreigners investing at least THB 40 million (approx. $1.1 million) in approved sectors can apply to own up to 1 rai (1,600m²) of land for residential use, subject to Ministerial approval, an option rarely granted in practice and subject to strict conditions.
