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Can a foreigner lease or buy land in Ko Phangan for building a rental property?

Ko Phanganland leaseforeign property ownershipThai lawVietnamese real estateconstructionlegal adviceThai lawyersreal estate investmentproperty rental
Feb 23, 2024
10 months ago
Jacqui *********
ORIGINAL POSTER
I’m looking at leasing or buying land in Ko Phangan with an existing bungalow, with the view to build 2 more and rent out.

Some questions :-

1) I understood I can lease and form a company but I have now read that Thai gov changed the law in October 2022 and I can own the land?

2) are there surveyors that can check the existing structure

3) any recommendations for an English speaking lawyer in Ko Phangan

4) any builder recommendations?

All other thoughts appreciated! I do property rental in the UK so I’m not a newbie but of course it’s very different here!

Thanks 🙏
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TLDR : Answer Summary
The conversation discusses the complexities of land ownership and leasing in Thailand, particularly for foreigners interested in investing in Ko Phangan. Respondents clarify that, as of October 2022, foreigners cannot outright own land but can lease it typically for 30 years, with potential for renewals. It is suggested to set up a company for business purposes, but this comes with complications regarding ownership control, as Thai law requires at least 51% Thai ownership in such companies. Numerous participants recommend consulting local legal experts for thorough guidance and share experiences and warnings about the risks involved in property investments in Thailand.
Alison *****************
Depending on your age, whats the difference 30 year lease is the best idea
9 months ago
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Christopher *************
Talk to lawyer
@Kittiya ********
10 months ago
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Arch *********
Be aware Thailand is very corrupt,personally I wouldn't build or buy anything there.Rent bcoz circumstances change in life & it's much easier to walk away 🤔
10 months ago
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Steve **********
@Arch ********
 In Thailand, and don't misunderstand, I love it here, it's been 21 years now.

Be prepared to walk away from anything and still be whole.
9 months ago
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Steve **********
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Michael ***********
My wife of 34 years is Thai and I cannot own land.
10 months ago
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Steve **********
@Michael **********
 ah, yep !!!
9 months ago
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Nongnuch ********
@Michael **********
 but she can. Isn't that enough?
10 months ago
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Michael ***********
@Nongnuch *******
10 months ago
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Michael ***********
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Tobben ********
Use your brain man !
10 months ago
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John *********
Leave the landlording to Thais. Be a parasite in your own country.
10 months ago
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Jacqui *********
ORIGINAL POSTER
@John ********
 why? That’s like saying leave the UK to only British resident landlords..or any other country for that matter.
10 months ago
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John *********
@Jacqui ********
 "Strong words" bother you? Have you seen the amount of homeless and struggling in the UK because of parasitic landlords pushing rents to the limit to enrich the non-productive in society such as yourself.
10 months ago
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Jacqui *********
ORIGINAL POSTER
@John ********
 you are rude and very wrong. I’m not prepared to engage with this any longer
10 months ago
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John *********
@Jacqui ********
 Don't care whether you engage or not. You know my point of view.
10 months ago
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Jacqui *********
ORIGINAL POSTER
@John ********
 actually I’m a provider of emergency accomodation to Coventry City Council.
10 months ago
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John *********
@Jacqui ********
 Really? So you can understand why I despise the landlord class.
10 months ago
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John *********
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Jacqui *********
ORIGINAL POSTER
@John ********
 what do you mean by ‘parasite in my own country’ ? Strong word choice
10 months ago
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Jacqui *********
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Nika ********
Are you in thailand and on KPG now? Best to talk to people who have already done this on KPG and who have connections here..also to know you're landlord/seller/ leaser person ally. Definitely a good lawyer from.surat thani province.
10 months ago
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Nika ********
@Jacqui ********
 recommending lawyers in bangkok who deal.with Surat province or a lawyer in this area will have connections on the island. Different everywhere. For example my lawyer in bangkok deals with Chumphon province because her family is from there..she has police, immigration and connections with the local government offices
10 months ago
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Jacqui *********
ORIGINAL POSTER
@Nika *******
 I’m not planning to go to that region- would Bangkok be ok? And what’s your experiences or advice based on? Thanks 🙏
10 months ago
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Jacqui *********
ORIGINAL POSTER
@Nika *******
 any particular reason why Surat Thani province?
10 months ago
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Jacqui *********
ORIGINAL POSTER
@Nika *******
 yes I am. And I’m trying to talk to people who have done it here.

Thanks for lawyer tip
10 months ago
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Jacqui *********
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Leo ******
I have 7 words for you...

Don't!

Don't!

Don't!

Don't!

Don't!

Don't!

Don't!
10 months ago
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Jacqui *********
ORIGINAL POSTER
@Leo *****
Why

Why

Why

Oh what the hell I cba to type more! 😂
10 months ago
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Jacqui *********
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David **********
Ooh you have a LOT to learn before even thinking about that plan of yours.
10 months ago
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Jacqui *********
ORIGINAL POSTER
@David *********
 see that you are the only person who has a commented with a laughing face emoji . Care to share? Because I thought that this forum was about advice and help? Thailand Visa Advice - And Everything Else
10 months ago
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Jacqui *********
ORIGINAL POSTER
@David *********
 agreed. So are you an expert? If so do you want to share your knowledge or just adopt a sarcastic tone?
10 months ago
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Jacqui *********
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James ******
Container Home Plans
10 months ago
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Jacqui *********
ORIGINAL POSTER
@James *****
 thank you
10 months ago
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Jacqui *********
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Robert *********
Own in the country you can own in legally .use those funds to live here

If you must ...

Spend at least ,I mean at least a year researching it .

FB does not count
10 months ago
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Steve **********
@Robert ********
 no, but fb occassionally has a knowledgeable person responding however.

You have phone and internet, research Thai law as needed.
9 months ago
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Steve **********
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Declan **********
Unless you're a Thai citizen you can't own land in thailand. Best you can do is lease
10 months ago
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Mark ***********
Best to do a 30 year lease. I believe you can own that.
10 months ago
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Steve **********
@Mark **********
 yes ,you own lease if registered with. Land / Deed Dept.

I don't believe any lease beyond 3 year is valid if not registered .
9 months ago
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Steve **********
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Steve **********
NON- THAI CAN'T OWN LAND....

farang should stop listening to rumors. 99+% false
10 months ago
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Dave *********
I was told by a lawyer a few days ago I cannot own any land nor can I have a commercial lease or rental in my own name
10 months ago
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Tony ********
@Dave ********
 rubbish. You can own land via a company and/or lease the land (30 years max duration by statutory law) in your own name.
10 months ago
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Dave *********
@Tony *******
 the company is 51% Thai

If it’s commercial land you cannot own in your own name rubbish you say this came out of a Thai lawyers mouth a few days ago during a meeting

Also if you have a lease make sure it has a clause to pass the lease over if you die
10 months ago
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Lawrence *******
@Dave ********
 Thanks for the info on the 30 year lease regarding having a clause in the lease where the lease can be passed on to a designated individual if one dies before the lease expires.

That was really helpful as I am about to sign a land lease. Cheers !
10 months ago
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Tony ********
@Dave ********
 I have lots of experience with Thai lawyers over 20 years, do you think they are infallible? You can rent land in your own name...what you can't do is business (sole trader/partnership) in your own name here, that must be done via a company. You have mixed the issues.
10 months ago
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Dave *********
@Tony *******
 yes but Thais own 51% of the company so have control
10 months ago
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Tony ********
The appointed signing director/s have control.
10 months ago
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Tony ********
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Jacqui *********
ORIGINAL POSTER
@Dave ********
 no it has to be in a company name but you are essentially the company …
10 months ago
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Dave *********
@Jacqui ********
 I ask a top lawyer Thai today if say a company had a 15 year lease is it legal in Thai law to get an option for a 30 year lease at the end of the 15 they said not a problem only if want to have a 30 year to start with a 30 year extension
10 months ago
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Dave *********
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Tijana ****************
Choose lawyer that is not from the island, that is very important.
10 months ago
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Jacqui *********
ORIGINAL POSTER
@Tijana ***************
 why?
10 months ago
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Tijana ****************
@Jacqui ********
 because if there is some interest to trick you keep in mind that everyone knows each other.

We almost got tricked with road regulations.

Do due diligence, buy only if road is regulated and not promised that it will be solved later by seller, buy only chanote deed and if it is cheep be careful.

Another solution for having land, is if you have super close Thai friend you trust, then you can buy land on name of Thai citizen and rent it from that person (you can rent 30+30+30 years).
10 months ago
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Jacqui *********
ORIGINAL POSTER
@Tijana ***************
 that’s interesting as I thought maximum term was 30 years

The road is interesting as I’d need to make a small access road to get building materials there and the landowner said I wouldn’t need permission’s as that was the first question I asked.

What is a chancote deed ?

I’m in talks directly with the land owner who is a very visible business owner so I don’t think he’d want his or his family reputation ruined by tricking me
10 months ago
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Tony ********
@Jacqui ********
 have the road access registered as a servitude or even made a public road, or walk away.
10 months ago
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Jacqui *********
ORIGINAL POSTER
@Tony *******
 thank you this is one of the most helpful out of the many other comments
10 months ago
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Andy **********
@Jacqui ********
 the Thais don't seem to look down on each other, for scamming farangs, so don't think he won't to save his reputation, a chanote is the Thai "land title deed" a usufruct agreement is probably best to lease the land, I think with a 30 year lease, papers can be drawn up for 30+30 but I've been told, it's only guaranteed for the first 30 years the second can be cancelled.
10 months ago
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Tijana ****************
@Jacqui ********
 from all that you dont know, please do a good research on your own and do get a good lawyer or you will be just one more naive farang who was tricked…

Knowing deed types, building regulations on the island, buying and renting regulations is crucial. All that, no one can explain in the comment, it is extremely important you know before anything.

Forget “owner said” tomorrow you might be able to get in your land only “by helicopter” (not literally) if someone decide that you can not cross that neighbors land where the small road is. Trust me on this.
10 months ago
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Jacqui *********
ORIGINAL POSTER
@Tijana ***************
 ok I’m hearing you and that’s why I’m posting on here in the first instance.

So I think I’ll find a lawyer and not from this isle.. I’ve already been writing lists re building regs/ structural surveyor / permissions.

Definitely won’t take owners word but will research to death as I really do want to achieve this
10 months ago
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Tijana ****************
@Jacqui ********
 Sounds good! Good luck :) 🍀🌸🏝️
10 months ago
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Tijana ****************
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Robert ********
Some people and their money are soon parted. not all ,but most
10 months ago
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Jacqui *********
ORIGINAL POSTER
@Robert *******
 thanks for the warning, I have had a good friend scammed over a bar. But not Thais Dutch I think who tried to sell a bar here.

There are many many people of all nationalities with properties here. So I’m careful, I’ve bought and sold many properties in the UK and the thought process isn’t dissimilar with running the figures, or indeed things like title deeds etc. I have a UK portfolio of HMO shared houses I let to young professionals.
10 months ago
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Robert ********
@Jacqui ********
 Best of luck. I too am an international investor... I'm sure you will do very well you sound very astute. And I'm sure you've already ascertained that this is a horse of different stripes
10 months ago
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Robert ********
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Gordon ********
Where is the land in question Koh P.

So get friendly with local officials for sentiment and then get a lawyer involved to cross the Tees. Almost anything is doable with local support.
10 months ago
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Jacqui *********
ORIGINAL POSTER
@Gordon *******
 exactly that - so am here for a while I was wondering if anyone had a good KPhangan lawyer that speaks English?
10 months ago
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Gordon ********
@Jacqui ********
Sorry I’m in Udon but a BKK lawyer might be more straight forward than a locally connected one. Or they might have a local one that they deal with and can police for you.

Of course much depends on your disposable budget and local acceptance.

A nice smile is not to be underestimated.
10 months ago
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Jacqui *********
ORIGINAL POSTER
@Gordon *******
 absolutely!
10 months ago
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Jacqui *********
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Jacqui *********
ORIGINAL POSTER
So I’m interested to hear more from everyone as this thread is a mixed bag of advice warnings, positivity etc
10 months ago
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Jacqui *********
ORIGINAL POSTER
Thank you for everyone comments- I’m aware that bad things can happen but I also know of many people who live here who are non Thai and own / lease property
10 months ago
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Justin *********
@Jacqui ********
 If that’s the case, why aren’t you asking them instead of random people on the internet 🤷🏻‍♂️
10 months ago
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Jacqui *********
ORIGINAL POSTER
@Justin ****
 thank you I’m now speaking to people who live here
10 months ago
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Jacqui *********
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Gordon ********
@Jacqui ********
Amen. Go for it
10 months ago
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Gordon ********
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David ******
Lease the land, invest money into building on it, the owner then pays a bit of corruption money to a judge through corrupt lawyers and the lease gets cancelled and the owner takes your investment..... I have seen this happen multiple times... Even to Thais.
10 months ago
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Tom *********
I'm not sure if this was published in the Royal Gazzette. If you have deep pockets you can buy 1 rai with many restrictions.

*******************************************************
10 months ago
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Dennis *********
@Tom ********
 this was shot down quite quickly. Some nonsense about not all thais currently own land so why let foreigners. Of course assuming that it's the big land owners who were against it. Also there was to be restrictions regarding the resale or inheritance in that any land would be required to be sold to a Thailand citizen even on inheritance. Doubt anything like this ever happens here.
10 months ago
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Brandon ************
@Tom ********
 it was never passed. Too much pushback against foreigners owning land.
10 months ago
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Ann ************
@Brandon ***********
 the Thai have brains

Australia let anyone in to buy land and now it’s completely f@ked
10 months ago
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Ann ************
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Jacqui *********
ORIGINAL POSTER
@Tom ********
 thanks Tom it’s exactly 1 rai for sale
10 months ago
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Jacqui *********
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Daniel *****
If you have a Thai wife just do it in her name, what could possibly go wrong?
10 months ago
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Steve **********
@Daniel ****
10 months ago
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Des *********
@Daniel ****
 she’ll take you the cleaners 🤣🤣👍
10 months ago
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Jacqui *********
ORIGINAL POSTER
@Des ********
 but do the cleaning 😂🤣
10 months ago
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Jacqui *********
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Jacqui *********
ORIGINAL POSTER
@Daniel ****
 though I could do with a Thai wife.. 🤣 but then again the cost . Hmmm 🤔
10 months ago
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Jacqui *********
ORIGINAL POSTER
@Daniel ****
 I’m not bisexual 🤣
10 months ago
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Jacqui *********
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Tyler *******
You’ll want to go through BOI, but will require more capital than just setting up a business here. There are some perks being a BOI company than others and you should use a law firm like Siam Legal to help you.
10 months ago
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Mark ********
@Brendan *******
10 months ago
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Brendan ********
@Mark *******
 Cheers buddy hope you are having a great day 🙏
10 months ago
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Brendan ********
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Ticha *****************
Your thai company must have thai who own 51% shares

You can't own but your company will own.

But nowdays government will remove and punish companies that use thai people as nominee in company.

Thai government seems to think about money but when it comes to benefit of thai. They care of benefit of thai more than money you invest. That's why big countries like china can never invade thailand as how they did to other countries.
10 months ago
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Steve **********
@Ticha ****************
 many a farang used the designated Thai partners

Since you don't know them ,and your lawyer does.

Lawyer owns property !
10 months ago
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Steve **********
@Ticha ****************
 what countries did China Invade ?
10 months ago
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Marc ********
@Steve *********
 Cambodia.
9 months ago
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Steve **********
@Marc *******
 China assisted in Vietnams invasion of Cambodia in 78 during Nam war.

1 month later after deposing Khymer Rouge, they withdrew in 79.

Same as US invasion of Laos, Cambodia , just lasted long enough to kill, millions and still killing. US left 20,000,000 live land mines when they ran
9 months ago
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Marc ********
@Steve *********
 I didn't mean invade with war.

I mean they buy everything.
9 months ago
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Steve **********
@Marc *******
 buy everything, and invade are two vastly different things.

I take a date shopping, isn't the 'Irish invaded the Emporium'

Depending on the date...let me rethink that !
9 months ago
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Steve **********
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Dave ****************
@Ticha ****************
 am I missing something?? What countries did China invade ...or colonised??
10 months ago
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Marc ********
@Dave ***************
 Cambodia
9 months ago
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Ticha *****************
@Dave ***************
 Economically, Laos and Sri Lanka, Pakistan
10 months ago
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Dave ****************
@Ticha ****************
 Economics ... is very different from "invade"..economic agreements are between two countries beneficial to both .
10 months ago
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Ticha *****************
@Dave ***************
 and so that? Continue...
10 months ago
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Ticha *****************
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Matthew *******
Get local legal advice

No disrespect to all on here but for something like this we are just bush lawyers
10 months ago
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Steve *******
A. You can’t own land

B. You CAN set up a questionable company to own it but you will not control that company

C. That can all change at any time. For better. Or for worse.

D. Make sure it’s money you can walk away from because it could all vanish after an election, coup or a district or party head having a bad day
10 months ago
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Tony ********
@Steve ******
 the appointed signing director/s control the company.
10 months ago
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Steve *******
@Tony *******
 true but in the end, if they are not Thai citizens and any of the above happens or they try to get anywhere in the Thai court system against a Thai or Thai company they need to have boatloads of cash and a lot of high placed friends
10 months ago
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Jon ******
@Steve ******
 that's why there are many different types of lawyers, property, business, divorce and that's for most countries. I had a lawyer representing in said issue my estate lawyer but would not represent me in removal of a tenant sounds odd but just the reality of law.
10 months ago
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Tony ********
@Steve ******
 20 years working here in real estate and NEVER have I heard of any real estate being taken away from ordinary people.
10 months ago
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Steve *******
@Tony *******
 true. However all the remains the same. Coups and an opaque legal system mean any money you put into anything you must be prepared to walk away from.
10 months ago
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Steve *******
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Pertti *************
@Steve ******
 b= minority shareholder can control company👍
10 months ago
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Steve *******
@Pertti ************
 maybe but with 49% and one be entirely subject to whatever some official things it’s safest to assume that while one may think they control it - in the long run they don’t have full control.
10 months ago
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Jon ******
@Steve ******
 my understanding is yes a foreigner can only own 49% of said company but in the paper work if you're the director of said company then you have control. Just make sure to use a lawyer that speaks your language so as to not sign what you don't understand.
10 months ago
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Jon ******
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Rene ******
Welcome to the bubble 🤣 there is an expo soon at siam healing center with builders etc. I'll post a picture when I see an ad
10 months ago
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Jacqui *********
ORIGINAL POSTER
@Rene *****
 thanks that was exactly the ad I saw put didn’t take a picture x
10 months ago
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Rene ******
10 months ago
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Rene ******
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Ron *******
The law change in 2022 was for multi billion dollar foreign company's operating in the EEC corridor to build factories and employ hundreds of people.

You as an individual will never own land here.
10 months ago
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Pertti *************
@Ron ******
 takes only few years to apply citizenship so what you mean individual will never own land here?
10 months ago
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Pertti *************
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Matt *******
You can own 49% of land, so effectively you can’t do it
10 months ago
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Nongnuch ********
@Matt ******
 wrong. You can own 49% of a company, that can "own" land. However the founding of a company for the sole purpose to own land, is illegal
10 months ago
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Tony ********
@Nongnuch *******
 don't worry if you don't get it dude ;)
10 months ago
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Nongnuch ********
@Tony *******
 it doesn't change a jota from the fact that this company is breaking the law. I recommend him to consult a lawyer on the legal aspects before he does something stupid. he would not be the first farang "business owner" getting arrested and blacklisted. I know one, who now lives in Vietnam
10 months ago
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Tony ********
@Nongnuch *******
 what's his name? So I can research. I've never heard of one if it's just regarding land ownership and nothing else.
10 months ago
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Nongnuch ********
@Tony *******
 he founded a company, to breed dogs. The Thai shareholder and him bought land in the Hua Hin area. Once everything was set up, he got sued for using a company to buy land for his intended business. He got arrested and blacklisted for life
10 months ago
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Tony ********
@Nongnuch *******
 name?
10 months ago
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Tony ********
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Tony ********
@Nongnuch *******
 hmmm but the op said they want to make bungalows for rent, so the sole purpose of the company is not to own land, its to make a business.
10 months ago
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Matt *******
@Nongnuch *******
 yes so you can’t do it.

You can own a Condo but not land, in your own name
10 months ago
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Nongnuch ********
@Matt ******
 Thai Logic
10 months ago
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Matt *******
@Nongnuch *******
 that’s Thailand

Same Same but different
10 months ago
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Matt *******
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Jo **********
you can’t own the land
10 months ago
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Jacqui *********
ORIGINAL POSTER
@Jo *********
 but not everything online is correct! So hence my questions here. I still think it’s most likely either lease the land for a pre designated time period or form a limited company which owns the land.
10 months ago
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Jo **********
@Jacqui ********
 you can lease but not own. These online adverts are trying to rip you off. You can own a condo but not the land
10 months ago
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Jacqui *********
ORIGINAL POSTER
@Jo *********
 what online adverts? I’ve never mentioned any . As I said you either lease or form a company and the company owns the land but you are company director.
10 months ago
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Frank ******
@Jo *********
 so long as Thais own 51% of the condo
10 months ago
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Marc ********
@Frank *****
 No thais need to own 51% of the building 49% of the condos can be owned by foreigners and in their name
9 months ago
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Frank ******
@Marc *******
 thanks for confirming what I said.
9 months ago
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Marc ********
@Frank *****
 You said thais need to own 51% of the condo. But you can own a condo 100%

But the quota of the whole building needs to be more thais than foreigner.

If there are 10 condos in the building 6 condos needs to be owned by Thais 4 can be owned by foreigners 100%
9 months ago
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Frank ******
@Marc *******
 Condo 51% Thai, individual unit 100% fa-rang.

Don't argue. You well know what I said/ment. I was probably involved in this before you were born.
9 months ago
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Marc ********
@Frank *****
 I didn't know what you ment.

You made it look like you can only buy a condo with a Thai and own 49% of it.

Very old man😅
9 months ago
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Frank ******
@Marc *******
 yep over 80
9 months ago
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Jo **********
@Frank *****
 then you really don’t own it
10 months ago
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Jo **********
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Jacqui *********
ORIGINAL POSTER
@Jo *********
10 months ago
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Michael ********
@Jacqui ********
 thats not new been around for ages and authorities are clamping down on it thanks to the chinese
10 months ago
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Michael ********
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Jacqui *********
ORIGINAL POSTER
@Jo *********
 I can form a limited company that owns the land ..

but I also read online that there was a law change in October 22 .
10 months ago
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Maple *********
@Jacqui ********
 I thought the law you has read it’s in process they not proved yet, even if they prove it will be allowed you can own the land some areas it’s not all around Thailand.
10 months ago
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Jo **********
@Maple ********
 no you can’t if someone could the China would be the whole of Thailand. That’s the reason
10 months ago
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Craig *********
@Jo *********
 just like in Canada
10 months ago
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Marc ********
@Craig ********
 In Canada foreigners can buy land as far as I know.

I wanted to buy some land there at one point.
9 months ago
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Craig *********
@Marc *******
 yes foreigner can buy and it ruined the country.
9 months ago
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Maple *********
@Jo *********
 the law in process, not proved it’s mean to now you can’t. What I say something wrong ?
10 months ago
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Maple *********
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John **********
@Jacqui ********
 the limited company has to be majority thai ownership, but I'm pretty sure I read something recently about the thai government putting a stop to companies set up for no other purpose than to own land in this way unless you have a large investment in Thailand
10 months ago
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John **********
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