This information is for reference only and is not legal advice. Consult a licensed lawyer before any transaction.
Land Code
Land Code B.E. 2497 (1954)
The information is reviewed and updated monthly against official sources.
In short
Thailand's core land law: foreigners cannot own land, save narrow exceptions like the 40-million-baht route for 1 rai of residential land.
s.1 / Definitions: Key definitions: land, title deed, certificate of utilization
The Code defines the core terms used throughout, including land, a title deed evidencing ownership, and a certificate of utilization confirming a right to use a plot. These definitions set the legal weight of each document and underpin how rights are recorded, transferred, and protected at the Land Office.
s.4 bis / Registration requirement: Transfers must be in writing and registered
Any transfer of ownership or of a possessory right over land covered by a title deed or a certificate of utilization is valid only if made in writing and registered before the competent official at the Land Office. Verbal or unregistered deals do not pass legal title.
Chanote (Nor Sor 4 Jor): Chanote: full freehold title deed
The Chanote is the strongest land document, granting full freehold ownership. Boundaries are fixed by accurate official survey with marked corner posts, so the parcel is precisely defined. All real rights, including leases, mortgages, usufruct, and superficies, may be registered against it without restriction.
Nor Sor 3 / Nor Sor 3 Gor: Confirmed possession certificates (Nor Sor 3, Nor Sor 3 Gor)
These certificates confirm a recognized right of possession rather than outright ownership. Nor Sor 3 Gor has parcel boundaries derived from aerial survey, while plain Nor Sor 3 lacks precise measured limits. Both can be transferred and mortgaged, and many can later be upgraded toward a Chanote.
Sor Kor 1: Sor Kor 1: mere notification of occupation
Sor Kor 1 is only a declaration that someone occupies a plot; it is not proof of ownership. Holders cannot register sales, leases, or mortgages on it, and no new documents of this kind have been issued for decades. It must usually be upgraded before any reliable dealing.
s.86: General prohibition on foreign land ownership
Foreigners may acquire land only where a treaty expressly grants that right and only within the limits set by the Code. Because Thailand currently has no such treaty in force, this provision operates in practice as a broad prohibition on direct land ownership by non-Thais.
s.87: Maximum area allowed to a qualifying foreigner
Even where a treaty once permitted acquisition, the Code caps the area a foreigner may hold by intended use, for example residence, commerce, industry, or agriculture. Any amount beyond the prescribed ceiling is not permitted, reinforcing that foreign holdings are strictly limited in size as well as in basis.
s.93: Land acquired by foreigners through inheritance
A foreigner who becomes entitled to land by inheritance as a statutory heir may take it only with ministerial permission and within the area limits of the Code. This route is exceptional and discretionary, not an automatic path to ownership for foreign heirs.
s.94: Duty to dispose of unlawfully held land
Land held by a foreigner contrary to the Code must be sold within the period fixed by the authorities, generally not less than 180 days and not more than one year. If the holder fails to sell in time, the Director-General of the Department of Lands has power to dispose of the land.
s.96: Forced disposal of land held in breach
A narrow exception (section 96 bis) in theory lets a foreigner own up to 1 rai of residential land with a 40 million baht investment. In practice it is almost a dead letter: it needs Minister of Interior approval, the funds must stay invested for at least 5 years, use is residential only, and approvals are exceedingly rare. It should not be relied on as a way to own land.
s.96 bis: Investment exception: 40 million baht for one rai of residence
A foreigner who brings in at least 40 million baht invested as the regulations require may obtain ministerial approval to own up to one rai of land for personal residence. The investment must benefit the economy and remain in place for the prescribed period, and approval is discretionary.
s.96 bis (location): Permitted zones for investment-based residence land
Land acquired under the investment exception must lie within designated residential areas, namely Bangkok, Pattaya City, a municipality, or a zone classed as residential under town-planning law. The parcel must actually be used for the owner's home, not for business or rental purposes.
s.96 bis (use condition): Two-year residential-use condition and forfeiture
If the foreigner does not actually use the approved plot for residence within two years of registration, the Minister may order it disposed of. The exception therefore carries an ongoing duty: the privilege depends on genuine residential use, and idle or misused land can be stripped away.
s.111-113 / Nominee prohibition: Nominee structures and acquisition on a foreigner's behalf
Acquiring land through a Thai person or company that merely fronts for a foreign buyer is treated as evading the ownership ban. Such nominee arrangements are unlawful, expose the parties to penalties, and risk forced disposal of the land; ownership claims built on them are not protected.
s.97-98 / Companies treated as foreign: Juristic persons deemed foreign for land purposes
A company is regarded as foreign, and subject to the same land restrictions, when foreign shareholding or control exceeds the statutory threshold, broadly where foreigners hold more than 49 percent or majority voting power. Genuine Thai-majority ownership is required for a company to acquire land freely.