Guides
30 year leasehold for foreign buyers
A lease lets you use land, a house or a condominium unit for a fixed term while someone else keeps ownership. Many foreign buyers of villas hold the land on a registered lease. Some developers also offer a lease of a condominium unit when the foreign quota is full.
The Civil and Commercial Code sets two rules every buyer should know: how long a lease can last, and when it must be registered.
Registration at the Land Office
A lease of land or buildings for more than three years must be made in writing and registered at the Land Office. If it is not, it can be enforced for three years only.
The 30 year maximum
A lease of land or buildings cannot be made for more than 30 years. A lease made for a longer term is reduced to 30 years. A lease may be renewed at the end of the term, but the renewal cannot be for more than 30 years from the date of renewal.
If the landowner sells
Under section 569 of the Civil and Commercial Code, a lease of immovable property is not ended by a transfer of ownership. The new owner takes over the landlord's rights and duties under the lease.
Renewal and first refusal
Contracts often include an option to renew the lease, or a right of first refusal if the owner sells. These are contract promises, not automatic rights under the law, and they may not bind a new owner in the same way as the lease itself. The Thai courts have also refused to enforce arrangements designed to get around the 30 year limit. Have the renewal and first refusal clauses checked by a lawyer before you sign.
Frequently asked questions
How long can a lease last in Thailand?
A lease of land or buildings can last for up to 30 years. A lease made for longer is reduced to 30 years.
Does a lease need to be registered?
Yes, if it is for more than three years. It must be made in writing and registered at the Land Office, or it can be enforced for three years only.
Can a 30 year lease be renewed?
A lease may be renewed at the end of the term for up to 30 years from the date of renewal. A promise to renew is a contract term and is not an automatic right, and it may not be enforceable against a later owner of the land.
What happens to my lease if the landowner sells?
Under section 569 of the Civil and Commercial Code, the lease is not ended by the sale. The new owner takes over the landlord's rights and duties. Renewal and first refusal clauses are contract promises and may not bind a new owner in the same way, so have them checked by a lawyer.
Which listings are offered on a lease?
Each listing states the tenure where it is published. Open a listing to see its tenure, or ask us.
This guide is general information, not legal advice. Take independent legal advice before you buy.
