Thailand 2026: what actually changed in the law, and what is just a headline
Thailand gets a lot of coverage this year: the government is preparing 99-year leases, the foreign condo quota will go from 49% to 75%, the market is opening up. Some listings and sales presentations quote these plans as if they were already law.
They are not. And since buying abroad means signing a contract under the law that exists, not the law somebody announced, it is worth separating the two.
What actually applies
A foreigner can own a condominium unit outright. This is the simplest and safest route. The condition: foreign ownership in a given building may not exceed 49% of the floor area. That limit is the foreign quota, and before you buy you need to check whether the project still has room in it.
A foreigner cannot own land. A house can be controlled through a land lease, and the maximum registrable lease term is 30 years.
The purchase money must come from abroad. To register a condo, the Land Office requires a bank certificate of a transfer from overseas in foreign currency, carrying the buyer's name and the purpose of the payment (the FET form). A mislabelled transfer can block registration, and a missing document makes it hard to take your money out again when you sell. The subject deserves its own article; for now it is enough to know this is a condition, not a formality.
What is an announcement, not law
The 99-year lease. Promised by the government since 2025, never submitted to parliament. The maximum registrable lease term is still 30 years.
The 75% foreign quota. Discussed for selected resort zones such as Phuket, Pattaya and Samui. Still only a proposal; 49% applies.
If a seller's numbers rest on either of these changes, they rest on something that does not exist. The changes may pass, may pass in a different shape, or may never pass at all.
What collapsed: the "30+30+30" lease
For years the market sold foreigners a construction: a 30-year lease plus two contractual promises of renewal, marketed as "90 years". In March 2025 the Thai Supreme Court held such stacked renewal clauses unenforceable. The first 30 years are binding; the promised renewals depend on the goodwill and continued existence of the other party three decades from now.
If someone offers you a "90-year lease" today, they are describing a product Thai case law does not protect.
Company structures: the year of inspections
The other historically popular construction was a Thai company with nominee shareholders, through which a foreigner effectively controlled land. Since the start of 2026 the authorities have tightened checks on such structures: incorporations and amendments now require proof of the genuine source of funds and investment confirmations from the Thai shareholders.
Nominee constructions were always risky. Now they are risky and actively inspected. If you are buying a condo within the 49% quota, none of this concerns you; it appears with villas on land, and then it calls for an honest conversation with an independent lawyer rather than with the person earning a commission on the sale.
How to check before you sign
- The foreign quota in the project. Ask for written confirmation that your unit fits within the 49% limit and that the developer is reserving it inside the quota.
- The form of tenure. Condo freehold, a 30-year lease, or a company structure. Each carries different risk and a different resale value.
- The legal basis of every promise. "You will be able to extend", "the rules are changing", "everyone does it this way" are not legal bases.
- The path of the money. A transfer from abroad, a correctly described payment, the FET document in your hands.
Where we come in
Thailand is one of Vesteri's active markets. Developers are vetted before they reach the platform, and the legal side of each transaction is handled by an independent law firm with no ties to the seller. On a market where some offers rest on announced rather than enacted law, that independence is what makes the difference.
This article is provided for information and describes the legal position as of August 2026. Laws and case law may change. It is not legal or investment advice. Before deciding, consult a lawyer qualified to advise in Thailand. See also our disclaimers.