Frequently Asked Questions

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General Questions

Can foreigners buy property in Thailand?
Foreigners may legally own buildings such as houses or villas in Thailand. Land ownership is subject to legal restrictions, however long-term leasehold arrangements and other legally recognised structures are commonly used to enable foreign ownership.
What are the legal ways for a non-Thai to buy property in Thailand?
- Long-term Leasehold Agreements
- Freehold ownership through a Thai spouse or Thai company
- Independent legal advice is recommended to determine the most appropriate structure for each buyer
Is it safe for foreigners to invest in property in Thailand?
Thailand has a well-established legal framework governing property transactions. When purchases are structured correctly, foreign buyers’ rights are clearly protected.
What are the best locations in Thailand for property investment?
Established investment destinations include Hua Hin, Bangkok, Phuket, Pattaya, and Chiang Mai, each offering a distinct lifestyle. Hua Hin is particularly valued for its balance of liveability, accessibility, long-term appeal, and value.

Freehold Ownership

What is a Chanote (Red Title Deed)?
A Chanote, commonly referred to as a Red Title Deed, is the highest form of land title in Thailand. It confirms full ownership rights and clearly defines land boundaries, which are officially recorded and surveyed by the Land Department.
Why is a Chanote title important?
Land held under a Chanote title offers the strongest level of legal certainty. It allows the land to be legally sold, transferred, leased, or registered with rights such as usufructs or leases at the Land Office.
Are properties at The Vista Hua Hin held under Chanote title?
Yes. Land at The Vista Hua Hin is held under Chanote (Red Title Deed), providing clarity of ownership and secure registration of legal rights.
Is freehold land ownership only available to Thai nationals?
Under Thai law, freehold land ownership is generally restricted to Thai nationals. Foreign buyers typically consider alternative legal structures, such as long-term leasehold arrangements or ownership through a Thai spouse, subject to legal requirements.
Can a non-Thai married to a Thai own land?
Under Thai law, land ownership must be registered in the Thai spouse’s name. The house may be registered separately, and a usufruct agreement can be registered to provide the foreign spouse with legally recognised rights of use.
What is a usufruct?
A usufruct is a legal right registered in favour of an individual, granting the right to use a property and benefit from it for a specified period or for life.
What rights does a usufruct provide?
The right to occupy and use the property
Protection against eviction during the term of the usufruct
The requirement for the usufruct holder’s consent before certain transactions
Can my Thai spouse sell the land without my permission?
When a usufruct is properly registered, the land cannot be transferred free of the usufruct without the usufruct holder’s consent.
Can I own the house separately?
The house can be registered in the foreign spouse’s name, even if the land is registered in the Thai spouse’s name, subject to Land Office approval and proper documentation.
Is a usufruct agreement legally binding?
Yes. A usufruct agreement becomes legally binding once registered at the Land Office and recorded on the land title deed.

Leasehold Property Questions

What is a leasehold agreement?
A leasehold agreement is a legally registered right to lease land or property for a fixed term. When registered at the Land Office, the lease is recorded on the title deed and is enforceable under Thai law.
Can a leasehold property be inherited?
Subject to the terms of the registered lease agreement, leasehold rights may be transferred to another party. The remaining lease term may be extended or restructured at the time of sale, subject to contractual agreement and Land Office approval.
Can I sell my leasehold property before the lease expires?
Depending on the terms of the registered lease agreement, leasehold rights shall be transferable to another party, subject to Land Office approval and contractual conditions.
Is leasehold ownership legally recognized?
Yes. Registered leasehold agreements are legally recognised under Thai law and provide enforceable rights for the duration of the lease term.

Company Ownership Questions

Can a foreigner own property through a Thai company?
Under Thai law, a Thai-registered company may own freehold land, provided it complies fully with legal requirements. Foreign participation in such companies is subject to specific regulations, and structures must be established for legitimate business purposes.
How much does it cost to set up a Thai company?
Costs vary depending on the structure, scope, and professional services involved. Legal, accounting, and administrative fees differ by provider and circumstances. Prospective buyers should obtain independent quotations and professional advice.
Is company ownership a better option than leasehold?
There is no one-size-fits-all answer. Leasehold arrangements are often preferred for straightforward residential use, while company ownership may be considered in certain investment or commercial scenarios. The most appropriate option depends on individual objectives, risk tolerance, and legal advice.

Financial & Legal Considerations

How do I finance a property purchase in Thailand?
Many foreign buyers purchase property using cash funds. In some cases, financing options may be available through Thai financial institutions, subject to eligibility criteria and bank approval.
What are the typical closing costs?
For freehold agreements, the standard land transfer fee is currently 2%. For leasehold agreements, the applicable transfer fee is typically 1%, plus 0.1% stamp duty.
Closing costs may vary depending on the ownership structure and transaction specifics and can include transfer fees, stamp duty, and other government charges as applicable under Thai law at the time of transfer. Buyers should confirm the exact costs with their legal advisor prior to completion.
What due diligence should be carried out before purchasing?
Prior to purchase, buyers are strongly advised to undertake appropriate legal due diligence, which may include:
Verification of land title deeds at the Land Office
Confirmation of any registered liens or encumbrances
Review of contracts and ownership structure by an independent property lawyer

Living in Thailand as a Property Owner

Can I get a long-term visa if I buy property?
Property ownership does not automatically confer residency rights. However, a range of long-term visa options may be available, including retirement visas, Thailand Elite visas, and other long-stay programmes, subject to eligibility and government approval.
Can I renovate or modify my property?
Yes, subject to community guidelines and local regulations. External design changes are typically required to remain consistent with the overall architectural character of the development.
Is Hua Hin a good place to retire?
Hua Hin is widely regarded as a desirable retirement destination, offering a relaxed lifestyle, accessible healthcare, and a warm climate, along with established amenities and infrastructure.
Can I resell my property later?
Yes. Subject to the terms of the purchase agreement and applicable legal requirements, properties may be resold to eligible buyers, including during the construction phase.
How can I get more information about investing in Hua Hin?
For further details, we invite you to download our brochures and guides or contact us directly with any questions. Our team will be pleased to assist.

Frequently Asked Questions

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