Purchase and Ownership of Land

With certain exceptions noted below, land cannot be owned by foreigners, either individuals or entities, in Thailand . Since January 2002, limited exceptions are possible in the following cases:

Transferring ownership Ownership is normally transferred by a contract in writing made before the appropriate official at the Land Department or Amphur. The transaction is recorded on the title deed or other document and copies of the supporting documents such as the contract for sale, lease or mortgage are retained in official records. With respect to land, the purchaser, if a natural person, must prove his Thai nationality.

Foreign ownership Thai law generally restricts the right of foreigners to buy or own land. Except as indicated below, land cannot be owned by foreigners, either entities or individuals. Since January 2002, there are limited exceptions and foreign ownership of land is currently possible in the following cases:

1. The Board of Investment and the Industrial Estates Authority of Thailand has power to permit promoted foreign companies to own land for the purpose of the promoted business. The BOI must review the land and proposed construction and agree that the land is suitable for the promoted use. After purchase, the land must be used for that activity and must be sold within one year if the activity is discontinued.

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