🏠 Buying Property in Thailand: Condominiums vs. Landed Properties

Navigating Thailand’s property market as a foreigner can be challenging without understanding the key differences between owning a condominium and landed property. Here’s what you need to know if you’re considering buying property in Hua Hin or elsewhere in Thailand.

✅ Buying Condominiums in Thailand as a Foreigner

Foreign nationals can legally own condominiums in Thailand under the Condominium Act, making condos the most straightforward path to property ownership. However, ownership is subject to a 49% foreign quota rule—meaning up to 49% of a building’s sellable space can be owned by foreigners, while the remaining 51% must be Thai-owned.

If the foreign quota is already full in a development, your option is to either:

• Buy from an existing foreign owner with a freehold title
• Purchase on a leasehold basis from a Thai owner

💡 Important: When buying a condo freehold, foreign buyers must transfer the funds from overseas into Thailand in foreign currency. This is legally required to comply with Thai regulations and to obtain a Foreign Exchange Transaction Form (FET Form) from the receiving Thai bank—a document necessary for both registering ownership and repatriating funds later if you decide to sell.

For more details on this critical step, refer to Wise’s guide on transferring money for property purchases in Thailand.

✅ Buying Landed Property in Thailand

Unlike condos, foreigners are not permitted to own land freehold in Thailand. However, there are established methods that allow foreigners to secure long-term rights to use land:

✔ Leasehold Agreements

The most common solution is entering into a 30-year leasehold agreement with the landowner, which can often include options to renew for two additional 30-year terms. Leases must be registered at the local Land Office to be legally enforceable.
For a detailed look at the legal structure of leaseholds, visit Emerhub’s guide for foreigners buying property in Thailand.

✔ Thai Limited Company Ownership

Some foreigners explore setting up a Thai Limited Company to purchase land. The company must be majority Thai-owned (at least 51% Thai shareholder control), and this route requires careful legal guidance to ensure compliance with Thai law. The structure can be complex and is monitored closely by the Thai government. For an expert breakdown, check Properstar’s analysis of land ownership options for foreigners in Thailand.

✅ Can Foreigners Own the House (Building)?

Yes—foreign nationals can legally own the building itself. If you purchase a pool villa or house, you may own the structure outright, while leasing the land it sits on. Ownership of the building should be separately documented and registered with the Land Office.

💼 Stonehead Tip: Whether buying a condominium or entering a land lease, we strongly recommend consulting a qualified, English-speaking Thai property lawyer. This ensures every contract is watertight and tailored to your long-term interests.

For government-issued guidelines and property laws, you can also review official information from the Thailand Land Department.

*For honest, experienced legal advice from reputable, qualified lawyers – Contact Right Lawyer Hua Hin.