Real Estate, Property, Condos, And Amity Companies In The Kingdom Of Thailand

The proceeding piece was written to be read by individuals who are interested in ascertaining information regarding Thai real estate issues. It ought to be noted that this piece should be viewed as a mere synopsis of such issues. Therefore readers are encouraged to conduct further research prior to making any decision which may be irrevocable.

Those who look into issues associated with Thai property may have taken note of the fact that Thai law places a sort of de facto prohibition upon foreign nationals owning Thai real estate in the form of land. Although it may technically be possible for a foreign national to acquire freehold title to Thai property, such circumstances are very rare. With this in mind, the reader ought to be aware that there are some forms of Thai real property which a foreign national may be able to obtain in freehold. Pursuant to Thai jurisprudence, freehold title is often referred to as Chanote Title. Those foreign nationals who acquire Thai condos are often allowed to hold the Chanote of such real estate. Thai condominiums that are acquired by a foreigner in freehold must comport with relevant Thai law including, but not necessarily limited to, the Thailand Condominium Act.

Americans often inquire as to whether it would be possible to use a Thai Company with Amity Treaty Certification to own Thai real property. The US-Thai Treaty of Amity is a bilateral Treaty between the United States of America and the Kingdom of Thailand. The provisions of this Treaty may allow United States Citizens to own virtually 100% of a limited company in Thailand. That said, US-Thai Amity Treaty Companies in the kingdom of Thailand are not allowed to own Thai real property in the form of land as such ownership is specifically restricted pursuant to the explicit terms of the actual Treaty itself. Meanwhile, it may theoretically be possible for an Amity Treaty Company to take freehold title to a Thai condo, but doing so would not be particularly beneficial as an American Citizen could maintain the same ownership interest by simply owning the property in their own name.

Doing business, owning property, or transferring title to property in Thailand can be cumbersome endeavors. Due to this reason, it may prove prudent for prospective businesspeople or real estate owners to retain the services of a law office in the Kingdom of Thailand employing both American and Thai attorneys as such professionals can provide insight into Thai law pertaining to business, real estate, and the American perspective thereon. Those wishing to retain either an American or Thai attorney are prudent to check the credentials of those claiming such qualification as an American attorney should be licensed to practice law in at least one sovereign American State or federal territory. Meanwhile, Thai lawyers and attorneys should be qualified or licensed to practice law in Thailand.


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Benjamin Hart is an American attorney residing in Thailand. Contact: 1-877-231-7533, +66 (0)2-266-3698, or info@integrity-legal.com. See further at: Thai Condominium or Legal.