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Property ownership rules in Thailand |
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According
to the Thai laws it is not possible for foreigners to own properties in Thailand. Strictly speaking, foreigners can
own flats or houses in Thailand but not the land. Nevertheless,
foreigners still invest more and more in land and properties in Thailand in order to make an investment or just
use them.
How is it possible?
Lawyers found a solution long time ago.
Foreigner buys a house in his name, a contract is made and taken to the Land
Register Office to register the property together
with a contract on lease of land for the period of 30 years. This contract can
be extended twice for the period of 30 years. Therefore, there is a lease of
land for the period of 90 years when foreigner can use the land without any
restrictions. He can sell or rent the land with property or demolish the
building or build a new one… etc., he can simply do anything with the land,
whereas the real owner who rents this land does not have any rights to this
land.
Another way is to establish a company in Thailand, whereas the company can own the entire
land. Although in Thailand at least 51 percent of a company
must be owned by a Thai native, foreigners can, by choosing the right form of
company establishment and its structure, hold total control over the company
and decide on investments, sale, purchase, simply anything.
Nowadays the government is passing a law which would enable foreigners own land
but it is not clear when this law will come into force. Nevertheless, this has
already been taken into account in our contracts and we will include the fact
that if the law changes in Thailand in the future foreigners will be
allowed to own land in their names and this will be provided without any other
financial conditions given by previous owner. This will be included in the contract
in the form of an annex.
Foreigners investing in properties in Thailand know that in case that this law will
not be passed, the period of land use is 90 years which is more than 3
generations and more than sufficient (from today’s point of view it would be 30 years before World War II). Nevertheless,
such a piece of land can still be sold with remaining number of years. Most of
the purchasers speculate that they can use their property for approx. 20 – 30
years and then sell it for a multiple price.
Concerning apartments the situation is different. Foreigners can, in most
cases, own the entire property and have it written in their names. It means
using the property for an indefinite period of time.
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