Legal Restrictions on Foreign Ownership in Thailand:
Foreign nationals cannot directly own land in Thailand.
Foreigners can legally own condominium units. However, in any given condominium, foreign ownership must not exceed 49% of the total space of all units.
It’s possible for foreigners to own a building on the land without owning the land itself.
Legal Due Diligence:
Title Search: Before purchasing, it’s crucial to ensure the developer has clear and legal rights to the land.
Developer’s Credentials: It’s advised to investigate the developer’s past projects, reputation, and financial stability.
Contract Review: Ensure all terms, conditions, and obligations (from both sides) are explicitly mentioned and understood. This includes understanding the exit strategy, should you change your mind or if the project doesn’t progress as planned.
Fees to Consider when Buying Off-Plan Property:
Transfer Fee: A fee for transferring ownership of the property.
Stamp Duty & Specific Business Tax (SBT): These are applicable under certain conditions. The exact amounts can vary.
Withholding Tax: Depending on the seller’s tax position.
Maintenance Fees: For condominiums, this can include communal services such as security, cleaning, and maintenance of shared facilities like swimming pools.
Utility Hookups: Costs associated with connecting utilities to a new property.
Legal Fees: Costs associated with hiring legal professionals to ensure your transaction is legally sound.
Land Ownership: Foreigners are generally not allowed to own land in Thailand. However, they can lease land for up to 30 years, and the lease can potentially be renewed.
Condominiums: Foreigners can own condominium units, provided that no more than 49% of the condominium’s total floor area is foreign-owned. This is the most straightforward property investment for foreigners.
Buying Process:
- Eligibility Check: Ensure that you meet the eligibility criteria to buy property, especially for condominiums, respecting the foreign quota.
- Legal Counsel: Seek advice from a reputable local real estate attorney to navigate the legalities and contractual details.
- Property Selection: Choose a property that suits your needs and budget and is available for foreign ownership.
- Deposit: Once you choose a property, you usually need to pay a deposit to reserve it.
- Due Diligence: Have your attorney perform due diligence on the property to ensure there are no legal encumbrances.
- Sales Agreement: Review and sign the sales agreement, ensuring you understand all terms and conditions.
- Payment: Arrange the payment as per the agreed terms, usually through a foreign currency account in Thailand.
- Property Transfer: The transfer of property is finalized at the Land Department, where ownership documents are exchanged, and taxes and duties are paid.
Financing:
Obtaining financing as a foreigner in Thailand can be challenging. Most foreigners arrange financing from their home countries. Some Thai banks may offer financing to foreigners, but the requirements are stringent.
Tax Implications:
When buying property in Thailand, various taxes and fees are applicable, such as transfer fees, stamp duty, withholding tax, and specific business tax. It’s crucial to be aware of these costs, and legal counsel can provide detailed guidance.
Visa Considerations:
Owning property in Thailand does not grant residency rights. However, property ownership can potentially support an application for a long-term visa, such as a Retirement Visa, provided other requirements are also met.