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ResourcesThailand Real Estate & Property LawTitleHave Foreigners Ever Been Able to Own Real Estate in Thailand?

Have Foreigners Ever Been Able to Own Real Estate in Thailand?

Transcript of the above video:

As the title of this video suggests, we are posing the question: "Have foreigners ever been able to own real estate in Thailand?" That is land in Thailand. The reason I got to thinking about this video is I was reading a recent article from the Pattaya Mail, pattayamail.com, the article is titled: New laws to permit foreign ownership of Thai property will benefit China and the excerpt that got me thinking, quoting directly: "The latest moves are in direct contrast to the historical debate. In 2003, the Thailand Elite Visa was initially marketed on the basis of allowing card holders to buy freehold property (rather than just condos), but the concession was withdrawn after opposition in Parliament. In 2006, there was a wholesale revision of visa rules with the half-promise that those with one year retirement or marriage permit would be able to buy one rai of land provided they built a house and lived in it. Nothing came of that either." The 2006 thing was a little before my time. I kind of remember people talking about that. Yeah, long story short real estate ownership by foreign nationals in Thailand is heavily restricted. It is going to remain heavily restricted I think into the foreseeable future. Yes there are currently talks with respect to Long Term Visas and things for there to be some sort of provision which might allow somebody to buy a single rai of land for like home ownership.

Now that said, there are circumstances where foreign nationals could control real property in Thailand most notably things under the Board of Investment (BOI) now the Eastern Economic Corridor concessions it may be possible but those are strictly in sort of an economic development context where the land is being purchased for the specific purposes of developing it and putting something like a factory on it or something like this. Yes, historically there have been circumstances and it is technically possible for a foreign national to own real estate in Thailand. Generally speaking though, not even generally, specifically speaking that has to be signed off by the Minister of Interior and that's quite a rarity. You're not going to see that happen very often; there has to be major national interest for lack of a better term in allowing that to occur to where that Minister is going to allow it. Historically there have been a few instances most notably folks that have ever come to Thailand and gone to the Jim Thompson house, it is notable that that iteration of the then Treaty of Navigation and Commerce between the United States and Thailand did allow reciprocity depending on the state you came from in the United States, if that state would allow a Thai to own a homestead effectively, essentially a plot of land for a house, then here in Thailand they would allow something similar; basically one rai of land with a house on it. That is why Jim Thompson had his house because that was sort of the way it was at the time.

Things have substantially changed from 1966 onward when we saw a different Treaty come into place with respect to Americans and for many other nationalities especially after the end of the so-called "unequal treaties" it became virtually impossible for foreign nationals to own land in Thailand. Do I think it's going to happen anytime in the near future? It remains to be seen but I find it very unlikely as we have discussed in other videos on this channel.