1. General Questions
- Can foreigners buy property in Thailand?
Yes, but there are restrictions. Foreigners can own buildings (houses, villas) but not land directly. Options include leasehold, company ownership, or freehold via a Thai spouse.
- What are the legal ways for a non-Thai to buy property in Thailand?
- Leasehold (90-year tenure)
- Freehold under a company name
- Freehold under a Thai spouse’s name with a usufruct agreement
- Is it safe for foreigners to invest in property in Thailand?
Yes, Thailand has clear property laws. Working with a reputable law firm ensures your rights are protected.
- What are the best locations in Thailand for property investment?
Popular locations include Hua Hin, Bangkok, Phuket, Pattaya, and Chiang Mai, depending on whether you prefer a city, beach, or mountain lifestyle.
- What types of property can foreigners buy?
Foreigners can buy:
- Condos (Freehold) - up to 49% of a condominium project
- Villas/Houses (Leasehold or via a company)
- Commercial properties via a registered company
2. Leasehold Property Questions
- What is a leasehold agreement?
A registered leasehold allows foreigners to lease land for 30 years, renewable twice (up to 90 years). The lease is registered at the Land Office.
- Can a leasehold property be inherited?
Yes, leasehold agreements are will-able and can be transferred to family members or third parties.
- Can I sell my leasehold property before the lease expires?
Yes, leasehold rights can be transferred or sold with the landlord’s consent.
- Is leasehold ownership legally recognized?
Yes, leaseholds registered at the Hua Hin Land Office are legally binding and provide strong investor protection.
- What happens when the lease expires?
Lease renewals are standard practice and often included in agreements, ensuring continuous occupancy.
3. Company Ownership Questions
- Can a foreigner own property through a Thai company?
Yes, a company with a majority Thai ownership can hold freehold land. The foreigner can act as a director/shareholder.
- How much does it cost to set up a Thai company?
Legal fees range from $800 to $1,600, depending on the law firm and business structure.
- Can a foreigner control the company?
Yes, through preferred shares and director control mechanisms. Legal assistance ensures compliance.
- Is company ownership a better option than leasehold?
It depends. Leasehold is simpler for residential purchases, while a company is beneficial for business and long-term investments.
4. Freehold Ownership via a Thai Spouse
- Can a non-Thai married to a Thai own land?
The land must be registered in the Thai spouse’s name, but a usufruct agreement secures the foreign spouse’s rights.
- What rights does a usufruct provide?
- Lifetime usage rights
- Protection from eviction
- Consent required for land sale
- Can my Thai spouse sell the land without my permission?
No, the usufruct agreement prevents the land from being sold without your consent.
- Can I own the house separately?
Yes, the house can be registered in the foreign spouse’s name, even if the land belongs to the Thai spouse.
- Is a usufruct agreement legally binding?
Yes, it is registered at the Land Office and documented on the title deed.
5. Financial & Legal Considerations
- How do I finance a property purchase in Thailand?
Most foreign buyers use cash payments, but some banks offer loans to expatriates.
- What due diligence should I conduct before purchasing?
- Verify title deeds at the Land Office
- Check for existing liens or encumbrances
- Hire a property lawyer
- Are there any restrictions on renting out my property?
- Short-term rentals under 30 days require a hotel license
- Long-term rentals are legal but should comply with tax regulations
- What are the estimated closing costs?
- Transfer fee: 2%
- Stamp duty: 0.5%
- Withholding tax: 1% (company)
6. Living in Thailand as a Property Owner
- Can I get a long-term visa if I buy property?
Owning property does not grant residency, but Elite Visas, Retirement Visas, and Destination Thailand (DTV) allow cost effective long-term stays.
- Can I renovate or modify my property?
Yes, but the external design should be in line with the community.
- Is Hua Hin a good place to retire?
Yes, Hua Hin offers a low cost of living, excellent affordable healthcare, and a warm climate, making it ideal for retirees.
- Can I resell my property later?
Yes, foreigners can sell leasehold, company-owned, or freehold properties to other eligible buyers at any time.
- How can I get more information about investing in Hua Hin?
We invite you to download our brochures and guides or contact us with your questions. Our team is happy to assist you!