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Land Code

Land Code B.E. 2497 (1954), as amended

The Land Code B.E. 2497 (1954) governs land title documents in Thailand and, in Chapter 8, sets out the near-total ban on foreign land ownership together with the narrow investment-based exception, disposal duties, inheritance limits and anti-nominee penalties.

https://www.thailandlawonline.com/thai-real-estate-law/thai-land-law-land-code-act

title-deed-chanote — Chanote (Nor Sor 4 Jor) - full ownership title deed

The Chanote is the strongest land document recognised by the Code. It certifies full ownership of a precisely surveyed parcel, with boundaries fixed by GPS-grade markers at the Land Department. Only Chanote land can be freely sold, mortgaged or registered with complete legal certainty, making it the deed foreign buyers should prefer for condominium-land or leased plots.

title-deed-norsor3gor — Nor Sor 3 Gor - confirmed use certificate

Nor Sor 3 Gor certifies a confirmed right to use and possess land, surveyed against aerial photographs but not to Chanote precision. It can be sold, leased and mortgaged and may be upgraded to a Chanote. Boundaries are reasonably reliable, yet buyers should still commission an independent survey before any transaction.

title-deed-norsor3 — Nor Sor 3 - use certificate without confirmed survey

Nor Sor 3 confirms a recognised right to use the land but rests on a description of adjoining plots rather than a precise, cross-referenced survey. Transfers and registrations require public notice over a waiting period. Because boundaries are looser, disputes with neighbours are more common, so additional verification is advisable.

title-deed-sorkor1 — Sor Kor 1 - possession claim form

Sor Kor 1 is merely a notification of de facto possession filed in the 1950s, not a title to ownership. It cannot be freely sold; rights may only pass by inheritance, and the holder must apply to upgrade it to a stronger document. Land held under Sor Kor 1 carries high risk and is generally unsuitable for foreign-linked investment.

86 — General prohibition - aliens may own land only by treaty

Foreigners may acquire land in Thailand only where an international treaty grants the right, subject to the Code. Since no such treaty is currently in force, the practical effect is a near-total ban on direct freehold land ownership by foreign individuals. This is why foreigners typically use condominium freehold, long leases or Thai companies instead.

87 — Maximum land areas by permitted purpose

Where acquisition is exceptionally allowed, the Code caps the area by purpose: up to one rai per family for residence, up to one rai for commerce, and up to ten rai each for industry or agriculture. These ceilings frame every later exception, including the investment route, and any excess land must be disposed of.

88-89 — Permitted use and reporting conditions

An alien who is permitted to hold land must use it strictly for the approved purpose. If the land is no longer used for that purpose, or the permitted use ceases, the holder must report this to the authorities within the prescribed period or seek approval for a different use. Failure to comply triggers the disposal regime.

93 — Inheritance of land by foreign heirs

A foreigner who inherits land as a statutory heir may register ownership only with ministerial permission, and the total holding may not exceed the area limits in Section 87. In practice approvals are rarely granted, so foreign heirs are usually required to sell inherited land and take the proceeds instead of keeping the parcel.

94 — Duty to dispose of unlawfully held land

Land acquired by an alien in breach of the Code must be disposed of within a period set by the Director-General, generally between 180 days and one year. If the holder fails to sell within that window, the Director-General has the power to dispose of the land on the holder's behalf, and the proceeds are returned to the former holder.

96-bis — Investment exception - up to one rai for THB 40m investors

A foreigner who brings in capital of at least 40 million baht and invests it in approved assets may, with ministerial permission, acquire up to one rai of land for residence. The investment must be maintained for a set period and the land must lie in a designated zone such as Bangkok, Pattaya or a municipality. This is the only direct ownership route for individuals.

96-bis-conditions — Conditions and time limit under the investment exception

Land obtained through the investment exception must be put to residential use within two years of registration; otherwise the authorities may order its disposal. The right is personal and does not pass to heirs as land. If the qualifying investment is withdrawn early, the entitlement to hold the land falls away and the parcel must be sold.

96-ter — Disposal where investment conditions are breached

If a foreigner who acquired land under the investment exception breaches its conditions - for example by ending the investment or misusing the land - the land must be disposed of within a period set by the Director-General, again typically 180 days to one year. Where the holder does not comply, the Director-General may carry out the disposal.

97 — Foreign-controlled companies treated as aliens

A juristic person counts as an alien for land purposes if foreigners hold more than 49% of its registered shares, or if foreigners make up more than half of its shareholders. Such companies face the same restrictions as foreign individuals, which is why purely foreign-owned firms cannot lawfully buy land in Thailand.

113 — Nominee structures - acquiring land for an alien

It is an offence for a Thai national to acquire or hold land as a nominee or agent on behalf of a foreigner in order to evade the Code. Both the nominee and the foreigner face fines and imprisonment, the land is subject to forced disposal, and authorities increasingly scrutinise company shareholdings and fund flows to detect such arrangements.