LEGAL AND BUSINESS INFORMATION

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At Samui Tropical Views we are frequently questioned on how a foreigner can legally own property in Thailand.

Although a foreigner cannot outright own land in Thailand, there are several methods used to secure land over time for a foriegner. The three main ways this is achived are:-

1: Freehold Title

Although under Thai law a foreign national cannot own freehold property in Thailand there are proven and effective ways for a foreign investor to own and control a Thai company which owns the freehold property.

Although the foreigner only owns 49% of the company shares, these shares are referred to as preferential shares and are worth 10 votes per share.

The other 51% are owned by up to 6 Thai nationals, but as they are only ordinary shares, they equate to one vote per share. The foreigner will also appoint himself as the legal and sole director of the company.

Therefore the foreigner’s investment is safe and has full control over the company and its assets.

NOTE: Ownership and running a Thai company does have certain responsibilities and tax implications so let these and the complete structure be explained to you in a language you understand by a legal professional.

2: A 30 Year Lease

Foreigners can possess land through a registered leasehold. The lease is guaranteed under the law of Thailand and if set up correctly can be renewed; given that the renewal-of-lease option is written into the lease contract and duly registered with the local Land Office.

3: A 50 Year Non-renewable Lease

This is a 50 year lease, guaranteed under the law of Thailand.

How is land measured?

Land in Thailand is measured in 'Rai', 'Ngan' and 'Wah'

  • 1 Rai = 4 Ngan or 1600 Sq Mt
    And that means?
  • 1 Ngan = 100 Wah or 400 Sq Mt
  • 1 Wah = 4 Sq Mt

  • 1 Acre = 2.5 Rai approx.
  • 1 Hectare = 6.25 Rai approx.

The metric system is normally used when referring to the construction of buildings.

Land prices are nearly always expressed in baht per rai - or for smaller plots, baht per wah.


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