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How Can Foreigners Invest in Residential Property in Thailand

Condominium

1. Purchase a condominium as part of 49% of the registrable saleable area which can in the entire building be sold to foreigners, as a freehold ‘in the foreigner’s name’ basis

2. Purchase a lease of a condominium unit for 30 years. Some leases have ‘renewal’ options, which are subject to provisos and conditions under law and in practice. Someone has to be the ‘lessor’ the ultimate owner of the unit in order for a foreigner to take a lease. The owner may be the developer which developed the condominium building.

3. Co-Invest in a Thai company to acquire a Thai quota unit. This is subject to numerous provisos and restrictions including but not limited to: not using illegal nominee shareholders; ensuring laws relating to paid up capital of the company are complied with; the company conducting business and not being a ‘shell company’ used to circumvent the Condominium Act; a genuine commercial relationship existing between the investors in the Thai company.

Villas/Townhomes

3. Purchase a lease of the land from the developer or land owner for 30 years. Some leases have ‘renewal’ options for additional terms of 30 years. These are subject to provisos and conditions. In combination with purchasing the land lease, a foreigner can also purchase and own the building through transfer of a sale of a registered building, or through constructing the building by being the named party on the construction permit or having the construction permit transferred to them prior to completion of the building.

4. Co-Invest in a Thai company such company to acquire the land. This is subject to numerous provisos and restrictions including but not limited to: not contravening the Land Code which prohibits direct or indirect ownership of land by foreigners, not using illegal nominee shareholders; ensuring laws relating to paid up capital of the company are complied with; the company conducting business and not being a ‘shell company’ used to circumvent the Land Code or any other provisions of law; a genuine commercial relationship existing between the investors in the Thai company.

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