Reviewed by ThaiLawOnline, a licensed Thai law firm practising in Thailand since 2006. Thai lawyer of record: Wichuda Atthamethakon, LL.M., Thai Bar Licence 3149/2556.
Last updated on September 5, 2026
The Land Code (ประมวลกฎหมายที่ดิน, pramuan kotmai thi din, also cited as the Land Code B.E. 2497 or Land Code Act 1954) is the statute, in force since 1954, that governs land in Thailand: the title documents the State issues, the Land Offices that register dealings, the fees, and the rule that foreigners may not own land. It sits alongside the Civil and Commercial Code, which supplies the private-law rights such as sale, lease, mortgage, usufruct and superficies. Any foreigner who buys a condominium, leases a plot or marries a Thai landowner is dealing with the Land Code whether the word appears in the contract or not.
Table of Contents
What the Land Code covers
The Code establishes the Department of Lands under the Ministry of Interior and sets out the hierarchy of land documents: the chanote as the deed of ownership, the Nor Sor 3 and Nor Sor 3 Gor certificates of utilisation, and older claims such as Sor Kor 1. It makes registration compulsory: under Section 4 bis a transfer of ownership or possessory rights in land must be in writing and registered by the competent official, so a private contract alone moves nothing. It also fixes who the competent official is, how surveys and boundary disputes are handled, and the Land Office fees.
Chapter 8 is the chapter foreigners read. Section 86 provides that a foreigner may acquire land only under a treaty granting that right and with ministerial permission; no such treaty is in force, so the section operates as a ban. Section 87 caps the exceptional cases at one rai for residential use. Section 96 bis, added in 1999, allows a foreigner who invests at least 40 million baht in approved Thai assets for five years to buy up to one rai for a residence with the Minister’s permission. Section 93 lets a foreigner who inherits land as a statutory heir apply to keep it, but permission is not given in practice.
How the Code affects a foreigner in practice
Section 94 is the enforcement provision: a foreigner who holds land unlawfully, or inherits it without permission, must dispose of it within 180 days to one year as fixed by the Director-General, failing which the Director-General sells it and hands over the proceeds. Sections 111 and 113 add criminal penalties of up to two years’ imprisonment and a fine of up to 20,000 baht for the foreigner who acquires land in breach of the Code and for the Thai who acquires it as the foreigner’s agent. Sections 97 and 98 treat a company with 50% or more foreign shareholding or capital as a foreigner, which is why the 51/49 property company and the nominee shareholder attract such attention.
The daily consequences are a Thai spouse signing a declaration at the Land Office that the purchase money is separate property, a foreign heir being told the land must be sold, and a foreign-majority company being unable to take a transfer. The Code does not restrict foreign ownership of buildings, which is why superficies exists, nor of condominium units, which fall under the Condominium Act and its 49% foreign quota.
Land Code and Civil and Commercial Code compared
| Question | Answered by |
|---|---|
| What kinds of title exist and who issues them | Land Code |
| Can a foreigner own land | Land Code, Sections 86 to 96 bis |
| What a sale, lease, mortgage or usufruct is | Civil and Commercial Code |
| Maximum lease term of 30 years | Civil and Commercial Code, Section 540 |
| Foreign ownership of condominium units | Condominium Act, Section 19 |
The two codes work together. The Civil and Commercial Code says what a usufruct is and how long it can last; the Land Code says that it binds third parties only once the Land Office has written it on the deed. Most disputes foreigners bring to a lawyer are a Land Code problem dressed as a contract problem: a 90-year lease is cut to 30 years, and a company purchase is unwound because the Land Code looks through the share register. ThaiLawOnline’s guide to land ownership restrictions walks through Chapter 8.
Frequently asked questions
Can a foreigner own land in Thailand under the Land Code?
As a rule, no. Section 86 allows acquisition only under a treaty, and none is in force. The exception is Section 96 bis: an investment of at least 40 million baht in approved Thai assets held for five years, with the Minister of Interior’s permission, allows up to one rai for a residence. Condominium units and buildings are outside the ban.
What happens if a foreigner inherits land in Thailand?
Under Section 93 a statutory heir may apply for permission to keep it, but permission is not granted in practice. Section 94 then requires the land to be sold within 180 days to one year, as set by the Director-General of the Department of Lands; if it is not, the Director-General sells it and the heir receives the proceeds.
What is the difference between the Land Code and the Civil and Commercial Code?
The Civil and Commercial Code defines the private rights over property: sale, lease, mortgage, usufruct, superficies and servitude. The Land Code governs the public system: title documents, registration at the Land Office, fees, and the restrictions on foreigners and foreign-controlled companies. A transaction has to satisfy both.
See also: chanote, Land Office, Thai Civil and Commercial Code, Condominium Act, land ownership restriction in Thailand and can a foreigner inherit land in Thailand.
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