Documents Required for Property Transfer in the Name of a Foreigner (Including Cases with a Thai Spouse)
Thailand allows foreigners to own certain types of real estate under specific conditions. Condominiums are the most straightforward type of property a foreigner can legally own. However, owning a house and land comes with stricter legal restrictions. The documents and procedures required depend on the type of ownership, as follows:
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Case 1: Foreigner Buying a Condominium in Their Own Name
According to the Condominium Act B.E. 2522 (1979), foreigners can own up to 49% of the total saleable area in a condominium project.
Required Documents:
Passport (original and copy)
Valid visa (e.g., Tourist, Non-Immigrant, Retirement, Work Permit, etc.)
Foreign Exchange Transaction Form (FET Form)
The funds must be transferred into Thailand in foreign currency for the purpose of buying the condominium.
The receiving Thai bank must issue the FET or a proof of inward remittance, which must be presented to the Land Office.
Payment receipt / Purchase agreement / Booking agreement (if applicable)
Spouse’s consent letter (if married)
Name change certificate (if applicable)
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Case 2: Foreigner Buying a House with Land
In general, foreigners cannot own land in Thailand directly, except in certain special cases such as:
Approval under specific government programs (e.g., BOI incentives or treaty rights – although rarely granted nowadays)
Purchase through a Thai-registered company where the foreigner owns no more than 49% of shares
The foreigner is married to a Thai national and the property is bought in the Thai spouse’s name
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Case 3: Foreigner with a Thai Spouse
Buying a House and Land in the Thai Spouse’s Name
This is a common approach. The land is registered in the name of the Thai spouse only, and the foreign spouse must legally declare that they have no ownership rights in the land.
Additional Required Documents:
Marriage certificate
If issued abroad, it must be translated into Thai and certified by the relevant embassy or the Thai Ministry of Foreign Affairs
Declaration of Non-Ownership / Letter of Consent
Must be signed in the presence of a Land Office officer
This confirms that the foreign spouse has no legal claim to the land
Proof of source of funds (from the Thai spouse only) – The money used to buy the land must come solely from the Thai spouse
Thai spouse’s documents – ID card and house registration
> Note: Without the Declaration of Non-Ownership, the Land Office will not register the property transfer.
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Special Case: Purchase via a Thai Company with Foreign Shareholders
A Thai-registered company can own land, and foreigners may hold up to 49% of the shares.
The company must provide full documentation, including:
Company affidavit
Shareholder list
Financial statements
Board resolutions, etc.
The purchase must be for legitimate business purposes, not just to acquire land.
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Key Recommendations:
Condominiums are the most straightforward and legally safe option for foreigners who want to own property in their own name.
Buying a house and land requires careful legal consultation, especially when a Thai spouse is involved.
All foreign documents must be properly translated and certified before submission to the Land Office.
Funds must be transferred through a Thai bank that is authorized to issue the correct FET documentation in accordance with the Bank of Thailand’s regulations.