Buying guide · legal situation 2026
Freehold condo instead of a nominee company
Buying land or a house through a Thai company is a route many foreigners still hear about. It is illegal – and in 2026 the authorities are checking it more closely than ever. For condos there is a simple, legal way: ownership in your own name.
In short
- Foreigners can own a condo unit freehold in their own name – as long as foreign ownership in the building stays within the 49 % foreign quota.
- The money comes from abroad in foreign currency; the Thai bank issues the FET form that you need at the Land Office.
- Holding land or a house through a Thai person or a nominee company is illegal. Since May 2026, the authorities have been tightening checks across the country.
- For houses, a long-term lease (leasehold) registered at the Land Office is the usual legal alternative.
Condo: freehold in your own name
Under the Condominium Act, foreigners may own condominium units. The title deed for the unit is registered in your own name at the Land Office – no Thai company and no Thai partner needed. The limit is the foreign quota: together, foreign owners may hold up to 49 % of the total unit area in a condominium building; the rest is the Thai quota.
For the transfer, the money must come from abroad in foreign currency. State the purpose when you send it – for example “purchase of a condominium unit”, the project, the unit number and your name. For amounts from USD 50,000 the receiving Thai bank issues the Foreign Exchange Transaction form (FET), for smaller amounts a bank certificate; the Land Office asks for these documents. Ask the developer early whether a unit in the foreign quota is still available, and have it confirmed in writing.
Land and houses: why nominee structures are illegal
Foreigners generally cannot own land in Thailand. A nominee structure – a Thai person, or a Thai company whose Thai shareholders only lend their names, holding land or a house for a foreigner – is illegal. The same applies when a Thai company is used to buy condo units in the Thai quota for foreigners.
The consequences are serious: according to the Department of Lands, foreigners who hold land illegally can face imprisonment, fines or both, and Thai persons or companies who help are liable too. The land can be ordered to be sold; if that does not happen, the Department of Lands can order the sale itself.
2026: the authorities step up checks
What official bodies and major newspapers report – a check is not a verdict, but it shows how seriously the topic is now being pursued:
The Department of Business Development (DBD) and the Department of Special Investigation (DSI) inspect suspected nominee companies together – starting on Koh Samui and Koh Phangan, then Phuket, Krabi, Phang Nga, Pattaya and Hua Hin.
The NationThe Department of Lands tightens checks before and after registration: for land deals of 5 million baht or more, or cash payments of 2 million baht or more, the buyer’s source of funds is examined.
The NationThe Commerce Ministry screens the ownership records of 125,622 companies that hold land and condominiums – as a check, not as a finding of wrongdoing.
The NationThe DSI takes on a nominee case in Pattaya as a “special case”.
The NationThe government expands the crackdown nationwide: suspect land and building holdings are audited, and police, tax, business registry and immigration data are cross-checked to find the real owners.
Thai PBS World
Leasehold: the legal route for houses
If you want a house or villa, a long-term lease registered at the Land Office (leasehold) is the usual legal alternative. Lease terms and renewal options have legal limits, and the authorities also look at leases that are used to disguise nominee ownership. So: have the lease checked by an independent lawyer, and avoid any structure whose purpose is to get around the law.
Sources: [7]
Freehold condo or nominee company?
Freehold condo
- Whose name is on the title?
- Yours – registered at the Land Office
- Legal?
- Yes – within the 49 % foreign quota
- Main risk
- Normal buying risks, e.g. construction delays
Nominee company
- Whose name is on the title?
- A Thai person or a Thai company
- Legal?
- No – nominee structures are illegal
- Main risk
- Prosecution, forced sale, loss of control
Checklist: buying safely
- Sign the purchase contract directly with the developer – in your own name.
- Have the developer confirm in writing that your unit is in the foreign quota.
- Transfer the money from abroad in foreign currency and keep the FET form or bank certificate.
- Pay only to the developer’s official account named in the contract – never to X Property and never to a private account.
- Confirm bank details by phone directly with the developer – fraudsters fake e-mails and invoices.
- Check the developer’s company details, licences and building permit.
- Never sign documents that put a Thai person or company in your place as the owner.
- Have the contract checked by an independent lawyer before you sign.
Sources
- Ownership of real estate by foreigners in Thailand: Requesting ownership of a condominium unitThailand.go.th (Government portal, source: REIC)
- Procedure for accepting foreign money transfers to buy assets in ThailandThailand.go.th (Government portal)
- DBD, DSI team up against foreign nominee firms in key Thai tourist areasThe Nation
- Land Department steps up crackdown on nominee landholdingThe Nation
- Department of Lands tightens checks on nominee land deals in ThailandThe Nation
- Thailand nominee crackdown exposes property law loopholesThe Nation
- Nominee-owned foreign firms on Samui taking up long-term land leasesThai PBS World
- Thailand screens 125,622 firms in property nominee crackdownThe Nation
- Thailand’s DSI opens special case in Pattaya nominee crackdownThe Nation
- Nationwide crackdown launched on illegal nominee shareholders and land holdingsThai PBS World
Laws and practice can change – information as of 30 Oct 2026.