Thailand offers attractive real estate opportunities—but comes with legal complexities that can put foreign investors at risk. To safeguard your investment, it’s essential to understand and apply key legal protections. Based on official guidelines and expert sources, here’s how to secure your ownership effectively.
1. Choose the Right Ownership Route
Foreigners cannot own land outright in Thailand. Here are the legal, effective ownership options:
- Freehold Condominium: Under the Thai Condominium Act 1979, foreigners can own up to 49% of the total unit space in a building
- Leasehold Land/Property: Valid for 30 years, renewable twice—though renewals aren’t automatic unless clearly written in the contract .
- Thai Limited Company Ownership: You can own land via a company with at least 51% Thai shareholders. This structure must be genuine and legally compliant
2. Register Real Rights to Secure Long-Term Control
Especially for leasehold properties, formal registration of real rights like usufruct, superficies, or habitation is crucial:
- These rights must be registered at the Land Office and are enforceable against third parties
- Usufruct allows use and enjoyment of property
- Superficies lets you build and own structures on land owned by a Thai person
- Habitation grants a permanent right to live in a property
All provide legal guarantees and must be formalized in writing.
3. Do Full Legal Due Diligence
To avoid hidden risks:
- Verify Title: Confirm ownership and compliance with the Land Department.
- Check for Encumbrances: Mortgages, liens, and rights must be clear
- Inspect Contracts: Ensure renewals, remedies, and rights are expressly written.
- Register Every Deed & Right: Transfers, lease renewals, and special rights must be registered.
4. Understand Priority of Registered Rights
Thai law respects the first-come, first-served principle (“droit de priorité”). Registered rights with earlier dates take precedence over newer claims . Always confirm the chronology of registrations via Land Office records.
5. Get Professional Legal & Tax Advice
Experts can help you…
- Draft airtight contracts and real rights agreements
- Explain tax obligations (transfer fees, withholding, rental income tax)
- Structure company ownership to comply with the Foreign Business Act
Important: Real estate agents (like us at Central City Property) do NOT offer legal advice—but we can closely recommend vetted lawyers and tax advisors.
6. Work with Licensed Specialists
🔹 A licensed land surveyor ensures boundaries are accurate before sale
🔹 Professionals at the Land Office handle proper registration
Working with trusted partners ensures you avoid costly mistakes—like expired leases or unenforceable rights.
Summary Table: Protecting Your Investment
| Protection Tool | Purpose | Key Steps |
|---|---|---|
| Ownership route (condo/lease/company) | Establish legal control | Choose condo, lease, or Thai company option, aligned with long-term goals |
| Registration of real rights | Secure buildings or usage | Register usufruct/superficies/habitation to attach rights to property legally |
| Due diligence | Eliminate legal risks | Title checks, encumbrance searches, proper documentation |
| Contract precision | Protect renewals & ownership | Clearly draft lease renewals, remedies, and succession clauses |
| Professional guidance | Avoid legal and tax pitfalls | Use qualified lawyers, tax advisors, and surveyors |
Final Word: Your Next Steps
Protect your Thailand investment with a legal foundation built on solid structure, proper registration, and professional guidance. Real estate can be rewarding—and safe—if you take the right steps.
🗝️ Ready to invest wisely? We can help.
At Central City Property, we specialize in matching foreign buyers with the right property and reliable legal partners. We don’t give legal advice—but we do help you connect with trusted lawyers, surveyors, and tax advisors. Let’s ensure your Thai property journey is secure and seamless.
📩 Contact us today: Email contact@centralcityproperty.com | WhatsApp +66 95 992 0345
