Change Hua Hin Real Estate: Frequently Asked Questions (FAQ)

Property Ownership

A: Non-Thai nationals can own property in Thailand, but there are certain restrictions and requirements that apply. Here are the main ways in which non-Thai nationals can own property in Thailand:

  1. Leasehold ownership: Non-Thai nationals can purchase a leasehold on a property in Thailand, which allows them to use and occupy the property for a certain period of time, typically 30 years. The lease can be renewed upon expiration. Currently 3 terms of 30 years for a total of 90 years are available.
  2. Condominium ownership: Non-Thai nationals can own a condominium unit in Thailand as long as the condominium building is registered with the Condominium Act. Foreigners are allowed to own up to 49% of the total units in a condominium building.
  3. Company ownership: Non-Thai nationals can set up a Thai company and use the company to purchase property in Thailand. The company must be at least 51% owned by Thai nationals, and the non-Thai shareholder(s) must hold a work permit or business visa.
  4. Freehold ownership through the Board of Investment: Non-Thai nationals can apply for freehold ownership of property in Thailand through the Board of Investment (BOI). To be eligible, the property must be used for approved BOI activities, such as manufacturing, tourism, or export-oriented services.

It is important to note that the process for purchasing property in Thailand can be complex and may involve legal and other fees. It is advisable to consult with a lawyer or real estate agent for more information and to ensure that the process is completed correctly.

A: It's simplest to think about property ownership in Thailand in two parts: the building and the land. With a leasehold, the buyer owns the building and the seller/developer (often a company) retains legal freehold ownership of the land and grants the buyer exclusive rights to use and occupy that land for a period of 30 years. The initial term may be renewed for upto 2 more 30 year periods (for a total of 90 years). Leasehold agreements are registered with the land office and are a binding legal agreement under Thai law.

It is important to carefully review the terms of a leasehold agreement before purchasing a leasehold property in Thailand, as the rights and obligations of the leaseholder can vary depending on the specific terms of the lease. Change Hua Hin Real Estate helps you connect with a local attorney to ensure the leasehold agreement is executed properly and protects your rights including your rights to sell or transfer the property to another party and your rights of succession to your heirs.

Thailand Visa and Residency Options

A: The Long-Term Retiree (LTR) visa is a type of non-immigrant visa available to foreign nationals who are over the age of 50 and wish to retire in Thailand. To be eligible for an LTR visa, you must meet the following requirements:

  1. Age: You must be at least 50 years old.
  2. Financial stability: You must have a monthly income of at least 65,000 Thai baht (approx. $2,100) or a deposit of 800,000 Thai baht (approx. $25,000) in a Thai bank account.
  3. Health insurance: You must have health insurance that covers at least 40,000 Thai baht (approx. $1,200) in medical expenses per year.
  4. No criminal record: You must not have a criminal record and must provide a police clearance certificate from your home country.

To apply for an LTR visa, you will need to submit the required documents and fees at a Thai embassy or consulate in your home country or at the local immigration office in Thailand. The LTR visa is valid for one year and can be renewed every year.

Note that the requirements and process for obtaining an LTR visa may vary depending on your specific circumstances and the location where you apply. It is advisable to consult with the Thai immigration authorities or a lawyer for more information.

A: To become a permanent resident of Thailand as the spouse of a Thai citizen, you will need to follow the process outlined below:

  1. Obtain a non-immigrant visa: You will need to apply for a non-immigrant visa at a Thai embassy or consulate in your home country. This type of visa allows you to stay in Thailand for a certain period of time, typically one year. You will need to provide proof of your marriage and other documents as required.
  2. Obtain a certificate of residence: Once you have arrived in Thailand and have a valid non-immigrant visa, you can apply for a certificate of residence at the local immigration office. You will need to provide your passport, marriage certificate, and other documents as required.
  3. Obtain a re-entry permit: A re-entry permit allows you to leave Thailand and return without invalidating your visa. You can apply for a re-entry permit at the local immigration office or online.
  4. Extend your visa: You will need to extend your non-immigrant visa every year to maintain your legal stay in Thailand. You can do this at the local immigration office.
  5. Apply for permanent residence: After you have lived in Thailand for at least three consecutive years on a non-immigrant visa, you can apply for permanent residence. You will need to provide evidence of your marriage and financial stability, as well as other documents as required.

NOTE that the requirements and process for obtaining permanent residence in Thailand may vary depending on your specific circumstances. It is advisable to consult with a lawyer or the Thai immigration authorities for more information.