Yes – setting up a Thai company to purchase land in Thailand is still technically legal, but tightly regulated and increasingly scrutinized by Thai authorities. It must be a real, operational company, not just a legal shell created to bypass foreign ownership laws.
| Criteria | Requirement |
|---|---|
| Majority Thai Shareholding | ✅ Must be at least 51% Thai-owned |
| Foreign Ownership Limit | ❌ Max 49% of shares held by foreigners |
| Control Mechanisms | ❌ Nominee Thai shareholders are illegal |
| Legal Status | ✅ Must operate as a real business (not a shell) |
| Land Use | ✅ Land must be used for business purposes |
| Property Type | ✅ Can buy land and build structures |
Thailand’s Land Department and Revenue Department have intensified enforcement in recent years. If they suspect the Thai shareholders are only “nominees” (acting on behalf of foreigners), the company can be investigated, and:
A Thai company can be used to buy land if all the following are true:
| Option | Legal? | Notes |
|---|---|---|
| Lease land for 30 years | ✅ Yes | Can register up to 30 years (renewable) |
| Buy a condo (freehold) | ✅ Yes | Max 49% foreign ownership per building |
| Register a usufruct or lease on partner-owned land | ✅ Yes | Gives lifetime use or 30-year rights |
| Set up BOI-approved business | ✅ Yes (with conditions) | Rare cases where 100% foreign-owned businesses can own land |
Unsure about the right ownership structure for your situation — or want to explore the safer legal alternatives?
This is one of the most important decisions you’ll make as a foreign buyer in Thailand, and it’s worth getting right from the start. We work closely with experienced property lawyers and can help you understand your options clearly — whether that’s a leasehold, a freehold condo, or something else entirely. Get in touch and let’s have an honest conversation about what works best for you.
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