THE VISTA
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  • Home
  • Exclusive Villas
    • Type A (3Bed)
    • Type B (4-5 Bed)
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    • The Location
  • Help & Info
    • Why Invest in Hua Hin?
    • The Project
    • Frequently Asked Question
    • Investment & Ownership
    • Gallery
    • About Us
  • Contact Us
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Frequently Asked Questions

Please reach us at info@thevista.homes if you cannot find an answer to your question.

1. General Questions

  1. Can foreigners buy property in Thailand?
    Yes, but there are restrictions. Foreigners can own buildings (houses, villas) but not land directly. Options for land ownership include freehold via a Thai spouse, freehold via company ownership, or leasehold.
  2. What are the legal ways for a non-Thai to buy property in Thailand?
    • Leasehold 
    • Freehold under a company name
    • Freehold under a Thai spouse’s name with a usufruct agreement

  1. 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.
  2. 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. We believe Hua Hin offers the best in terms of lifestyle, value for money and location.


2. Freehold Ownership via a Thai Spouse

  1. Can a non-Thai married to a Thai own land?
    The land must be registered in the Thai spouse’s name and the house can be registered in the foreign spouse's name through a usufruct agreement, this secures the foreign spouse’s rights.
  2. What is a usufruct?
    A usufruct is a legal right granted to a person (called the usufructuary) giving the legal right to use the property and profit from it.
  3. What rights does a usufruct provide?

  • Lifetime usage rights
  • Protection from eviction
  • Consent required for land sale

  1. Can my Thai spouse sell the land without my permission?
    No, the usufruct agreement prevents the land from being sold without your consent.
  2. 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.
  3. Is a usufruct agreement legally binding?
    Yes, it is registered at the Land Office and documented on the title deed.


3. Company Ownership Questions

  1. 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.
  2. 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.
  3. Can a foreigner control the company?
    Yes, through preferred shares and director control mechanisms. Legal assistance ensures compliance.
  4. 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. Leasehold Property Questions

  1. What is a leasehold agreement?
    A registered leasehold allows foreigners to lease land with title registration at the Land Office.
  2. Can a leasehold property be inherited?
    Yes, leasehold agreements are will-able and can be transferred to family members or third parties.
  3. Can I sell my leasehold property before the lease expires?
    Yes, leasehold rights can be transferred or sold with the landlord’s consent.
  4. Is leasehold ownership legally recognized?
    Yes, leaseholds registered at the Hua Hin Land Office are legally binding and provide strong investor protection.
  5. What happens when the lease expires?
    Lease renewals are standard practice and included in agreements, ensuring continuous occupancy.


5. Financial & Legal Considerations

  1. How do I finance a property purchase in Thailand?
    Most foreign buyers use cash payments, but some banks offer loans to expatriates.
  2. What are the estimated closing costs?
    For Freehold agreements, transfer fee of 2%. For Leasehold agreements, transfer fee of 1% + 0.1% Stamp Duty.
  3. 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.


6. Living in Thailand as a Property Owner

  1. 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 and flexible long-term stays.
  2. Can I renovate or modify my property?
    Yes, and the external design should be kept in line with the community design.
  3. 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.
  4. Can I resell my property later?
    Yes, you can resell your property to other eligible buyers at any time, even during the construction period.
  5. 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!


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