Pattaya Property for Foreigners – Complete Legal Guide

Pattaya is one of Thailand’s most dynamic real estate markets, and demand for Pattaya property for foreigners continues to grow. However, Thai law treats foreign buyers differently from Thai nationals, especially when it comes to land. Before signing any contract or sending money, it is essential to understand what foreigners can own directly, what must be structured through leases or companies, and which solutions are legal and sustainable.

This guide explains the rules for condos, houses, villas, commercial property and land, with a focus on foreign investors in Pattaya.

This article is general information only and does not replace personal advice from a Thai-licensed lawyer or tax adviser.

1. Legal Framework for Foreign Buyers in Thailand

Foreign ownership of real estate in Thailand is governed mainly by:

• The Condominium Act – allows foreigners to own condominium units freehold, but only up to 49% of the total saleable area in each project. Thailand Law Online+2Thailand Law Online+2

• The Land Code – generally prohibits foreigners (and most foreign-controlled companies) from owning land freehold, except under narrow investment-related exceptions. AIM Bangkok+1

• The Civil and Commercial Code – limits leases of immovable property to a maximum of 30 years and sets registration rules for leases over three years. Thailand Law Online+2Thailand Law Library+2

Understanding these three pillars is the starting point for any Pattaya property for foreigners strategy.

2. Condominiums – The Only True Freehold Option

For most foreign individuals, a condominium is the simplest and safest way to own freehold property in Pattaya.

2.1 Foreign quota and building registration

• Foreigners can own up to 49% of the total saleable floor area in a registered condominium project. Once that quota is full, remaining units must be held in Thai name or on leasehold. Thailand Law Online+2Thailand Law Online+2

• Only buildings legally registered as condominiums under the Condominium Act offer this foreign freehold right.

2.2 Funds transfer and FET form

For a foreign buyer to register freehold ownership:

• The purchase funds usually must be transferred from overseas in foreign currency,

• Converted into Thai baht by a Thai bank, and

• Supported by a Foreign Exchange Transaction Form (FET/FETF) or equivalent bank letter. Thailand Law Online+2Forbes & Partners+2

The Land Office in Thailand commonly requires this proof when registering a condo in a foreigner’s name.

3. Land, Houses and Villas – What Foreigners Can and Cannot Own

3.1 Land ownership – the general rule

As a rule, foreigners cannot own land freehold in Thailand. Foreign-controlled companies are treated as “aliens” and face the same restriction unless they qualify under specific investment laws. AIM Bangkok+1

3.2 Narrow investment-linked exceptions

There are limited exceptions where land ownership is possible, typically for commercial operations:

• BOI-promoted projects and certain industrial/estate developments may allow a company to own land needed for its approved activities, subject to size and use limitations. Jirawat Law Office

These structures are designed for genuine operating businesses, not for standard private villas.

3.3 Owning the building but not the land

Thai law allows separation between the land and the building. In many villa structures for foreigners:

• The land is leased from a Thai owner;

• The building (house or villa) is owned by the foreigner, sometimes supported with a registered superficies right, which confirms that the building belongs to someone other than the landowner. AIM Bangkok

This is common in high-value pool villas in Pattaya and other resort areas.

3.4 Foreigners married to Thai citizens

If a foreigner is married to a Thai national:

• The land can only be registered in the Thai spouse’s name,

• The Land Office often requires confirmation that the funds are the Thai spouse’s separate property, and

• Ownership and inheritance can be complex in case of divorce or death, so a proper marital property agreement and Thai will are strongly recommended.

• 
  

4. Leasehold – Core Tool for Pattaya Property for Foreigners

Because direct land ownership is restricted, long-term leasehold is the main tool for foreigners who want landed property.

4.1 Key legal points

• The maximum lease term is 30 years for land and buildings; any longer period is automatically reduced to 30 years. Thailand Property Law+3Thailand Law Online+3Thailand Law Library+3

• Leases for more than three years must be registered at the Land Office to be enforceable against third parties. AustCham Thailand

Marketing phrases such as “30+30+30 years” suggest guaranteed renewals, but under Thai law renewals beyond the first 30 years depend on the cooperation of the landowner at the time of renewal and cannot be fully guaranteed in advance. Thailand Property Law

4.2 Typical leasehold villa structure

A common Pattaya model for foreigners buying a villa:

1. 30-year registered land lease.

2. Separate ownership of the villa structure (and sometimes a registered superficies).

3. Contractual options for renewal and sale, plus provisions on inheritance, maintenance and sub-letting.

Well-drafted contracts are critical; they should always be reviewed by an independent Thai property lawyer.

5. Usufruct, Superficies and Other Real Rights

In addition to leases, Thai law recognises several real rights that can support Pattaya property for foreigners:

• Usufruct (sidhi-kep-kin) – gives the right to use the property and receive its income, often for life.

• Superficies – confirms that the foreigner owns the building even though the land belongs to someone else.

• Habitation – a personal right to live in a house without owning it.

These rights are registered at the Land Office and can be combined with leases, particularly for long-term residential and investment planning.

6. Company Ownership – Opportunities and Risks

Some foreigners consider buying land through a Thai company.

• If the company is effectively foreign-controlled (through capital or voting rights), it is treated as an “alien” and generally cannot own land, unless it falls into an approved investment category. AIM Bangkok+1

• Using Thai “nominee” shareholders who only hold shares on paper for a foreigner is illegal and can lead to fines, criminal charges, and forced sale of the land. Thailand Law Online+1

Any company structure must reflect a real business with genuine Thai partners, proper accounting and tax compliance.

7. Commercial Property, Hotels and Resorts

Pattaya is a major tourism and business hub, so many foreign investors are interested in hotels and commercial buildings.

For these assets, structures often combine:

• Land held on long-term lease,

• Building ownership and hotel licensing, and

• In some cases, BOI or other investment privileges for operational companies. Jirawat Law Office

Due diligence here must also cover hotel licences, zoning, environmental approvals and employment rules for foreign staff.

8. Practical Due Diligence Checklist

Before committing to any Pattaya property for foreigners, a buyer should:

1. Verify the title deed – type of title (e.g., chanote), boundaries, mortgages, encumbrances and any registered leases or rights. AIM Bangkok

2. Check the condo foreign quota – confirm that space is still available within the 49% foreign quota. Thailand Law Online+2Thailand Law Online+2

3. Review all contracts – reservation, sale and purchase, lease, management and rental agreements should all be reviewed by an independent lawyer. Thailand Property Law+1

4. Confirm payment and FET procedures – ensure funds are sent correctly from overseas and that your bank issues proper documentation for Land Office registration. Thailand Law Online+2Forbes & Partners+2

5. Understand taxes and fees – transfer fee, stamp duty, specific business tax and withholding tax depend on the seller type and holding period. Thailand Property Law

6. Plan inheritance and exit – prepare a Thai will covering local assets and understand how leases, usufruct or company shares will be passed to heirs.

7. 
   

9. FAQ – Pattaya Property for Foreigners

Q1: Can a foreigner own a house with land in Pattaya?You can own the house but usually not the land. Most foreigners use a 30-year lease over the land plus building ownership or superficies rights.

Q2: Is buying a condo in Pattaya safe for foreigners?Yes, if the building is properly registered, the foreign quota is available, funds are transferred correctly and contracts are checked, condo freehold is the most straightforward structure for foreigners.

Q3: Are “30+30+30 year” leases legal?Thai law allows a maximum of 30 years per lease term. Any additional periods are options, not guaranteed rights, and depend on renewal at the time. Thailand Property Law+3Thailand Law Online+3Thailand Law Library+3

10. How SIRIAM GROUP Supports Foreign Buyers in Pattaya

For investors looking at Pattaya property for foreigners, SIRIAM GROUP provides a complete solution:

• 
  

  

  Property sourcing and investment analysis through our real estate brands. Siriam Group+1

• Legal, company and visa services through our in-house legal partners. Siriam Group+1

• Ongoing property management, rentals and renovation for long-term returns. Siriam Group+1