The rule that shapes everything
The first thing to internalize: a foreigner cannot buy land in their own name in Thailand. And since a house with a plot is inseparably tied to the land it sits on, that restriction reaches villas and detached houses too. What they can own outright is a condominium — a unit in a building under horizontal property law — within a limit. Everything else revolves around this.
The foreign quota
The law allows up to 49% of a condominium building's floor area to be foreign-owned in freehold (full ownership). That 49% is the foreign quota:
- Buying within the quota makes you the real owner of your unit, with the title deed in your name.
- If the quota is used up (the 49% is already sold to foreigners), the next foreign buyers have to look at other structures.
- Before signing, you check that quota is still available in that specific building: it's the first piece of due diligence.
Houses and villas: leasehold
If what you want is a house with a garden or a villa, since you can't own the land, the most common route is long-term leasehold: typically 30 years, renewable. You don't own the ground, but you have a long, registrable right of use. Other structures exist (through companies, usufruct), but they all have fine print and some are slippery ground: setting up a shell company just to "own" land is a practice the authorities scrutinize closely.
The purchase fees
| Item | Reference |
|---|---|
| Transfer fee | ≈ 2% of the appraised value |
| Specific business tax (depending on the case) | ≈ 3.3% |
| Stamp duty (if the above doesn't apply) | ≈ 0.5% |
| Withholding tax | Depends on the seller and holding period |
Who pays what is negotiated with the seller and varies by region and development. The key: calculate the fees beforehand, not discover them at the Land Office. And the money for buying a condominium must come in through a documented international transfer (the currency exchange form) to register the freehold — a technical detail a good lawyer will handle for you.
Rent first, buy later
Our standing advice: rent for a year before buying. Getting to know the neighborhood, the building, the neighbors and the season completely changes a decision of this size. The rental guide covers how to do that well, and the city guides show the areas where it makes sense to buy in each one.
Where Bexpat fits in
We're not a real estate agency and we don't take a commission from the seller: we advise you on what you can actually buy as a foreigner, review the property and the building with you, and go with you through due diligence and signing with a Thai lawyer. We work for you, not for the seller. If you're still deciding on a city, the calculator and the guides help.
Frequently asked questions
Can I buy a house?
Not in your own name: a foreigner cannot own land, and the house is tied to it. Yes to a condominium within the foreign quota; for houses and villas, long-term leasehold.
What is the foreign quota?
Up to 49% of a condominium building's floor area can be foreign freehold. Buying within that quota makes you a real owner; once it's used up, you need other structures.
What fees do you pay?
Transfer (~2%), business tax (~3.3%) or stamp duty (~0.5%) depending on the case, plus withholding tax. It's negotiated with the seller how these split; worth calculating in advance.