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Foreign land ownership in Thailand: the current rules, and the stalled 2026 reform

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Land Code Section 86 still bars foreign land ownership outright. A Cabinet-endorsed proposal to change that stalled in the National Assembly in March 2026 and remains unresolved.

In this guide

Foreigners still cannot own land in Thailand outright. A Cabinet-endorsed bill would let qualifying buyers purchase up to one rai against a THB 40 million investment, but it stalled in the National Assembly in March 2026. Here is what the current rules actually allow, where the bill stands, and the compliant routes that don't depend on it passing.

Can foreigners own land in Thailand right now?

No. Section 86 of the Land Code bars foreigners from holding land title, and that hasn't changed. This is a common point of confusion because foreigners genuinely can own the building on that land, or the condominium unit sitting on it under the 49% quota (see our foreign-ownership Guide), and the distinction between owning a structure and owning the ground under it gets lost in casual conversation. It cannot be changed by a ministerial order or a Cabinet decision alone. Only an act of the National Assembly can amend the Land Code, which is exactly what the proposal below is trying, and hasn't yet managed, to do.

What is the 40 million baht land ownership proposal?

A draft regulation, endorsed in principle by Cabinet in late 2025, that would let qualifying foreigners buy up to one rai (1,600 square metres) of residential land. The condition: at least THB 40 million invested in Thailand, held for a minimum of three years, in government bonds or other approved assets. It targets four specific categories of applicant: wealthy global citizens, wealthy pensioners, people working remotely from Thailand, and highly skilled professionals or specialists, echoing the same buyer categories the Long-Term Resident (LTR) visa programme already screens for.

What happened to the bill in the National Assembly?

It stalled. After Cabinet's endorsement, the draft reached the National Assembly and was sent back for further review in March 2026. As of this Guide's last check, it remains there, facing pushback from rural constituencies and nationalist groups concerned about foreign land accumulation. Political will exists in some factions, but nothing has moved it forward since the March setback. Treat any claim that this has passed, or is about to pass on a specific date, as unverified until you can point to the actual Royal Gazette publication.

What are the compliant ways to use land as a foreigner today?

Three routes work under current law, all reviewed in depth in our foreign-ownership Guide. Registered leasehold gives up to 30 years of secured occupancy, renewable, and a foreigner can separately hold freehold title to a structure built on that leased land. Board of Investment (BOI) promotion allows land ownership directly for an approved business activity, not a residence, so it fits an investor more than someone who just wants a house. And for anyone who only needs a home rather than land itself, a freehold condominium unit under the 49% building quota sidesteps the land question entirely, since a condo unit is not land.

Should I wait for the bill to pass before buying?

Not on the strength of a proposal alone. The bill has been stalled since March 2026 with no confirmed timeline for a return to the National Assembly floor, and Thailand's land-ownership rules have a long history of proposed reforms that didn't clear the legislature. Anyone whose plans genuinely depend on owning land outright, rather than a house on leased land or a condo, should treat the current rules as the ones that apply, and revisit the question if and when the bill actually passes, not before.

6 IRES tips

  1. 01 A leasehold with a separately-titled structure on it gives most of what a house buyer actually wants: secure long-term occupancy and a title you own outright on the building itself. Land title is the only piece it doesn't give.
  2. 02 The 40 million baht threshold in the stalled bill, if it eventually passes, is investment held for three years, not a one-time purchase price. Budget for the holding period, not just the entry number.
  3. 03 If your plan already qualifies for the LTR Wealthy Pensioner track, real estate up to USD 250,000 already counts toward that visa's asset threshold today. That path doesn't need the land bill to pass at all.
  4. 04 Ask any agent who claims the land bill is about to pass for the actual Royal Gazette reference. Nothing has moved since March 2026, and a verbal timeline is not a legislative one.
  5. 05 A 30-year lease renewal is not automatically binding on the landowner's heirs (Supreme Court 4655/2566). Draft renewal terms as a fresh negotiation point, not a guarantee, when you structure the lease.
  6. 06 BOI land ownership is tied to the approved business activity, not to you personally. If you sell the business, the land ownership doesn't transfer with you; plan the exit at the same time as the entry.

Frequently asked

Can foreigners buy land in Thailand in 2026?

No. Section 86 of the Land Code still bars it, and that hasn't changed despite a Cabinet-endorsed proposal to allow it under specific conditions. The proposal stalled in the National Assembly in March 2026 and hasn't moved since.

Has the 40 million baht land ownership bill passed?

No. Cabinet endorsed the draft in principle in late 2025, but the National Assembly sent it back for further review in March 2026, and it remains there. Nothing published since confirms a passage date.

If I can't own land, how do foreigners build houses in Thailand?

Through a registered leasehold on the land, up to 30 years and renewable, combined with separate freehold title to the structure built on it. The lease covers the ground; the freehold title covers what you build on it.