SCHEMES & STRUCTURES

Buying property in Thailand as a foreigner

The structure decides the return as much as the building does. Here is what is in force today, what is only proposed, and the questions we ask before a client signs.

01 · OWNERSHIP

Three ways to hold Thai property

Freehold condominium

IN FORCE

Foreigners can own condo units outright, but together they may hold no more than 49% of a building's total unit floor area. The cap applies per building.

Insider read. Confirm the remaining foreign quota with the juristic office before you reserve. Popular Phuket buildings sell out their quota first, which also limits your resale buyer pool.

Condominium Act, Section 19 · Thaiger, Jul 2026

Leasehold

IN FORCE

Villas and land are usually held on a registered lease of up to 30 years. Renewal beyond that is contractual. In March 2025 the Supreme Court held automatic "30 + 30 + 30" renewals unenforceable beyond the first term.

Insider read. Price a villa lease on 30 years, not 90. Any renewal value is upside, not something to pay for today.

Thaiger, Jul 2026

Land under Section 96 bis

NARROW

Up to one rai of residential land, but only with a qualifying investment of at least ฿40 million held for five years and Ministry of Interior approval.

Insider read. Discretionary and rarely used. For most clients a well-drafted lease or a freehold condo is the practical route.

Land Code · Thaiger, Jul 2026
PROPOSED, NOT LAW A 75% foreign condo quota and 99-year leases were approved for study by Cabinet in April 2024. As of mid-2026 no bill has passed, so treat any sales pitch that relies on them as unconfirmed.
02 · INCOME SCHEMES

Guarantees, buy-backs and rental rules

Schemes in the market today

PROJECTSCHEMETERMS AS ADVERTISED
The Marin Phuket, KamalaRental guarantee7% a year for 3 years
Kata Rocks, KataRental guaranteeUp to 6%
Anava Samui, BophutFixed-return guaranteeRate and term not published
Wing Samui, BophutBuy-back option5-year optional buy-back
Developer and agent listings: Keller Henson, CondoDee, FazWaz, Hipflat (accessed Oct 2026). Not verified by us.

Five questions on any guarantee

  1. Who pays it, and from which account or rental pool?
  2. Is it priced into the unit? Compare price per sqm with completed resale nearby.
  3. Is it gross or net of fees and furniture packs?
  4. What did the rental pool earn after the guarantee ended in the developer's last project?
  5. Does the operator hold a hotel licence for stays under 30 days?

Short-term rental rules

Under the Hotel Act 2004, renting for less than 30 days counts as a hotel operation. Condo units can only be let nightly where the building holds a hotel licence, and many juristic offices ban it outright. Small houses (4 rooms or fewer, 20 guests or fewer) can use a non-hotel licence, which the source describes as restricted to Thai nationals.

฿20,000
maximum fine for unlicensed operation
฿10,000
per day while the breach continues
Or up to one year in prison. The Ministry of Interior ordered inspections in February 2025. Source: Thailand Business News, Dec 2025.
03 · RESIDENCY

Visas that work alongside a purchase

Long-Term Resident (LTR) visa

A renewable 10-year permission to stay. Since a BOI announcement in February 2025, property counts as a qualifying investment.

Wealthy Global Citizen
USD 1m in global assets, plus USD 500,000 invested
Wealthy Pensioner
Age 50+, USD 40,000 a year income, plus USD 250,000 invested

Eligible property: freehold condos, buildings or villas, or leaseholds with at least 10 years left.

Tilleke & Gibbins, Apr 2026

Thailand Privilege membership

TIERFEEVISA
Bronze฿650,0005 years
Gold฿900,0005 years
Platinum฿1,500,00010 years
Diamond฿2,500,00015 years
Reserve (invitation)฿5,000,00020 years

A residency membership, not a property scheme: no purchase is needed, which makes it the simpler route for buyers below the LTR thresholds.

Thaiger, prices checked Aug 2026
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