Owning property in Thailand: condos, leases and the 49% rule, explained for Brits
A Brit can own a Bangkok condo outright in their own name. What you can't own is Thai land, and every popular workaround either gives you less than it promises or breaks the law.
The short version
- Foreign nationals generally can't own land in Thailand [1]. That rules out freehold houses and villas in your own name.
- You can own a condominium unit, as long as foreign owners in the building hold no more than 49% of the total floor area of all the units [2].
- To register as the owner you must show the purchase money came into Thailand in foreign currency, normally with a bank's Foreign Exchange Transaction (FET) form [2].
- Leases of land or houses can't run longer than 30 years. Promises to renew for another 30 and another 30 are not reliably enforceable [2].
- Proposals to raise the condo quota to 75% and allow 99-year leases have been floated since 2024, but as of November 2026 neither is law [2][3].
Pound conversions use the Bank of England spot rate of 5 November 2026 (£1 = THB 45.1092).
Why you can't own the land
Back home in Blighty, a foreigner can buy a semi in Swindon with no questions asked. Thailand takes the opposite line. The Land Code reserves land ownership for Thai nationals, and the FCDO's Living in Thailand guide sums it up in one line: foreign nationals generally can't own land [1]. The guide points you to the Department of Lands and suggests an English-speaking lawyer before you buy anything [1].
The Land Code does have a narrow exception for a foreigner who makes a very large approved investment in Thailand and then gets ministerial permission to own a small plot for a home. It's discretionary, rarely granted and not something to plan a retirement around. Treat it as a curiosity.
That leaves Brits with three honest routes: own a condo, lease land or a house, or own a house (the building) on land leased from someone else.
Route one: owning a condo and the 49% rule
Thailand's Condominium Act lets foreigners own units, with a cap. The rule is per building: foreign owners together may hold no more than 49% of the combined floor area of all the units, measured when the building was registered [2]. The quota belongs to the building, not to you, so in a popular block the foreign share can already be used up. The Land Office won't register a foreign buyer if the sale would push the building over 49% [2].
Proving the money came from abroad
Unless you hold Thai permanent residence or certain Board of Investment status, you must prove the purchase money came into Thailand as foreign currency, or came from a non-resident baht account or a foreign currency account, for at least the price of the unit [2]. The Department of Lands has a specific regulation on condominium ownership by foreigners, last republished on its website in September 2025 [4].
In practice:
- Send pounds, not baht. Transfer sterling from your UK account to your own Thai bank account, and let the Thai bank do the conversion.
- Name the purpose. Put "purchase of condominium unit [number] at [building]" in the payment reference.
- Ask for the FET form. For larger amounts the receiving Thai bank issues a Foreign Exchange Transaction form; for smaller ones, a letter or credit advice. The Land Office asks for it at transfer [2].
- Keep everything. You'll need the same paperwork to send the money back out of Thailand when you sell.
Our guide to sending money between the UK and abroad covers the UK side.
What the transfer costs
At the Land Office the standard transfer fee is 2% of the officially appraised value [2]. Thailand has used temporary cuts to transfer and mortgage fees for cheaper homes, but the current one is limited to Thai individuals buying homes up to THB 7 million (about £155,000), so foreign buyers should budget for the full 2% [2]. On a THB 7 million condo that's THB 140,000 (about £3,100) [2].
On top of that the seller pays withholding tax, and either specific business tax (if they've owned the unit for under five years) or stamp duty. Who pays what is negotiable and goes in the sale contract, so read that clause carefully.
| Cost | Typical rate | On a THB 5 million condo | In pounds |
|---|---|---|---|
| Transfer fee | 2% of appraised value | up to THB 100,000 | about £2,215 |
| Seller's taxes (withholding, specific business tax or stamp duty) | Varies with how long the seller held it | Negotiable | - |
| Common area fund (sinking fund) | One-off, set by the building | Varies | - |
| Monthly common fees | Per m², set by the building | Varies | - |
The appraised value is set by the Land Office and is often below the price you pay, so the fee can come in lower than the table suggests. Ask the seller for last year's common fee bill before you agree a price.
Route two: leases
If you want a house with a garden, the usual answer is a lease. The Civil and Commercial Code caps a fixed lease of immovable property at 30 years. Write in a longer term and it's cut to 30 [2]. A lease longer than three years must be registered at the Land Office to be fully enforceable.
Sellers often offer "30 + 30 + 30", with options to renew. Be careful. A renewal promise is a contract with the landowner, not a property right, and Thailand's Supreme Court has struck down pre-agreed renewals used to get round the 30-year limit [2]. If the landowner dies or sells, your extra 60 years can vanish. Price a lease as what it is: 30 years of use.
You can, however, own the building itself. A common set-up is a registered lease of the land plus your own ownership of the house, sometimes with a registered superficies (a right to keep a building on someone else's land). Get Thai legal advice on the exact structure before you hand over any money.
Route three: the company trap
You'll hear about "Thai company" set-ups: a company owns the land, with Thai shareholders holding 51% on paper and you holding the rest and the control. If those Thai shareholders are nominees who haven't really invested, the arrangement breaks the Foreign Business Act and the Land Code, and the land can be ordered sold [2]. In May 2026 the Department of Lands issued circulars tightening checks on nominee structures, and Thailand's courts have refused to help foreign buyers caught in sham arrangements [2].
The short answer: don't. A condo in your own name or an honest lease is less exciting but far safer.
The proposals you'll read about
In June 2024 the Thai government asked the Ministry of Interior to look at raising the foreign condo quota from 49% to 75% and extending leases from 30 to 99 years, with foreign owners' voting rights still capped at 49% [3]. The idea has been studied and debated since, but by November 2026 no bill had been passed [2]. Until it's in the Royal Gazette, it isn't law, and a seller's promise that "the 75% rule is coming" is not a reason to buy.
The UK side
- UK tax. If you've left the UK, Thai property is normally outside UK tax. If you're still UK resident, rent from it and any gain when you sell go on your Self Assessment return. Our guides to the Statutory Residence Test and double taxation agreements explain how that works.
- Inheritance. Thai property can fall into a UK inheritance tax bill depending on your residence history, and a Thai will is often sensible for Thai assets. See wills and estate planning across two countries.
- Your UK home. If you're keeping a UK flat and letting it out, register for the Non-Resident Landlord Scheme with form NRL1.
- Pensions. Never cash in a UK pension to buy Thai property without regulated financial advice. Big withdrawals can trigger a large UK tax bill, and transfers abroad can attract the overseas transfer charge.
A tax adviser who knows both countries can check your case. Many Brits in Bangkok rent for a year or two before buying, which is no bad idea: our renting in Bangkok guide shows what that costs. If you've been through a Land Office transfer and have tips, share them in our community group for Brits in Thailand.
Sources
- GOV.UK (FCDO): Living in Thailand (last updated 11 December 2025)
- Thai Law Online: Thailand's 75% condo quota and 99-year lease, what is proposed and what is law (published 1 August 2026, updated 2 November 2026; Condominium Act sections 19 to 19 quater, Civil and Commercial Code section 540, transfer fees)
- Thailand Public Relations Department: Thailand to extend duration of foreign land leases and condo ownership (25 June 2024)
- Department of Lands: regulation on condominium ownership by foreigners and juristic persons treated as foreigners, B.E. 2547 (page published 2 September 2025)