The general restriction
Under Thai law, foreigners are generally prohibited from owning freehold land in their own name. This long-standing restriction is often misunderstood, and investors who attempt informal workarounds expose themselves to serious legal and financial risk.
Lawful alternatives
Several compliant structures allow foreign investors to hold or use Thai land:
- Leasehold interests of up to 30 years, registered against the title.
- Condominium freehold, where foreign ownership is permitted within the statutory quota of the building.
- Thai-registered companies holding land, where the company conducts genuine business and is not a mere nominee vehicle.
- Investment promotions under the BOI regime, which may permit land ownership for promoted activities.
The nominee-company risk
Authorities continue to scrutinize companies formed solely to circumvent the foreign ownership restriction. A company must have substance — real Thai shareholders, genuine operations, and proper governance — or the land holding may be voided and the parties sanctioned.
Our guidance
We advise investors to structure land holdings around their actual business purpose, document all contributions transparently, and avoid any arrangement that depends on undisclosed nominee control.