Although technically you are able to own a house or structure in your own name, Thai law currently prohibits you from owning the land the building is erected on. There are ways in which you can structure the purchase so that you are the de-facto owner of the land.
虽然从技术上讲，您可以以自己的名义拥有房屋或建筑物，但泰国法律目前禁止您拥有建筑物所在的土地。您可以通过多种方式构建购买，以便您成为土地的实际所有者。
Buying and selling property in Thailand can be a complex matter, and you should ask a lawyer to complete advice.
在泰国买卖房产可能是一件复杂的事情，您应该请律师完成建议。
The following ways can be used in order to fully comply with Thai law:
为了完全遵守泰国法律，可以使用以下方法：
- Condominium 公寓
- Thai Limited Company 泰国注册有限公司
- Leasehold 租赁
- Superficies 代持
- Usufruct 使用权
Can I own a Condominium in Thailand? 我可以在泰国拥有公寓吗？
Buying a condominium in Thailand is perhaps the simplest and easiest option available to foreigners. The only restrictions on purchasing a condominium in Thailand, are that the percentage of units sold to foreigners cannot exceed forty nine percent (49%) of the total number of units in the condominium block; and that the funds used to buy the condominium have been remitted from abroad and correctly recorded as such by a Thai Bank on a “Foreign Exchange Transaction Form”.
在泰国购买公寓可能是外国人最简单、最容易的选择。在泰国购买公寓的唯一限制是，出售给外国人的单位百分比不能超过公寓楼单位总数的百分之四十九（49%）; 用于购买公寓的资金已从国外汇出，并由泰国银行在“外汇交易表”上正确记录。
A Foreign Exchange Transaction Form: 外汇交易表格：
This is an official bank document issued by the receiving bank upon the receipt of foreign currency into your bank account in Thailand . You must request a Foreign Exchange Transaction Form from your bank when you are remitting funds to Thailand for the purpose of purchasing a condominium in Thailand , and the Foreign Exchange Transaction Form must specify that the remittance is solely for the purpose of purchasing a property in Thailand – Code 5.22.
这是收款银行在收到外币到您在泰国的银行账户时签发的官方银行文件。当您将资金汇往泰国以在泰国购买公寓时，您必须向您的银行索取外汇交易表，并且外汇交易表必须说明汇款仅用于在泰国购买房产 – 代码 5.22。
Purchases of Condominiums in Thailand by foreign individuals come under the jurisdiction of the Condominium Act B.E. 2535 (1992). The owner of each Condominium in Thailand is issued with a certificate of unit ownership. The certificate also has a statement saying exactly what percentage of rights over the common areas of the building each owner has.
外国个人在泰国购买公寓受《公寓法》B.E.2535（1992）的管辖。泰国每个公寓的业主都会获得单位所有权证书。该证书还有一份声明，确切地说明了每个业主对建筑物公共区域的权利百分比。
Thai Limited Liability Company 泰国有限责任公司
If a foreigner is going to operate a business in Thailand then he may purchase the freehold of the land through his Thai Limited Company. The land will be owned by the Thai Company, not by the individual. This form of purchasing property is the most popular with foreign investors as the Articles of Association can be varied to allow greater protection for foreign minority shareholders where majority Thai ownership is required under the Alien Business Law. Thai law requires that 51% of the shares be held by Thai juristic persons, however, any company with more than 40% foreign interest that purchases land will be investigated by the Central Land Office in Bangkok (under section 74 of the Land Code) to ensure that the company has not been organized in an attempt to circumvent the prohibition against foreign ownership of land.
如果外国人打算在泰国经营企业，那么他可以通过他的泰国有限公司购买土地的永久业权。该土地将由泰国公司拥有，而不是由个人拥有。这种购买房产的形式最受外国投资者欢迎，因为公司章程可以改变，以便在《外国商业法》要求泰国拥有多数股权的情况下为外国少数股东提供更大的保护。泰国法律要求51%的股份由泰国法人持有，但是，任何拥有超过40%外国权益的公司购买土地都将受到曼谷中央土地局的调查（根据《土地法》第74条），以确保该公司的组织不是为了规避禁止外国拥有土地的禁令。
This results in the foreign ownership of the company being limited at 39% (only if buying land), but with the recommended changes of the Articles of Association, the foreigner can be the only director of the company, and the only person of the company who can commit or bind the company in any contractual dealings (buy or sell land and house), effectively giving the minority shareholders control over the company.
这导致公司的外资所有权被限制在39%（仅在购买土地的情况下），但随着公司章程的建议修改，外国人可以成为公司的唯一董事，也是公司唯一可以在任何合同交易中承诺或约束公司的人（购买或出售土地和房屋）， 有效地赋予了少数股东对公司的控制权。
Note: The Thai authorities have been clamping down on the use of local companies and nominee shareholders to buy and own land. More stringent measures have also been put in place by the Land Office to ensure the Thai shareholders in a company are indeed genuine.
注：泰国当局一直在禁止使用当地公司和名义股东购买和拥有土地。国土局还采取了更严格的措施，以确保公司的泰国股东确实是真实的。
30-Year Lease 30年租赁
The preferred method of acquiring land for building a home is by leasehold. The foreigner safely acquires the right to use the land and registers the right with a 30-year lease at the Land Department. A lease contract is carefully drafted to guarantee the initial 30-year lease with two renewal periods of 30 years each. In Thailand , the maximum time period for a lease registration of residential property is 30 years, hence, the need for two renewal periods in a contract to provide for a 90-year lease.
获得土地建造房屋的首选方法是租赁。外国人安全地获得了土地的使用权，并在土地局注册了30年的租约。租赁合同经过精心起草，以保证最初的 30 年租约，并有两个续约期，每个续期 30 年。在泰国，住宅物业租赁登记的最长期限为 30 年，因此，合同中需要两个续签期才能提供90 年的租赁期。
The lease contract is drafted in the Thai language (some contracts contain English language with the Thai) and is registered at the Land Department. The lease contract is attached to the title deed and maintained at the Land Department. The foreigner can construct a house on the land. The construction permit is applied for in the name of the foreigner. The foreigner will own the structure in his/her own name. The advantage of leasehold is a lower registration fee (1.1 percent on the amount of the land lease). It is recommended to include family members such as young adults as co-lessees in the contract. In the uneventful demise of the parents, the children can carry on the full term of the lease period.
租赁合同以泰语起草（有些合同包含英语和泰语）并在土地部门注册。 租赁合同附在地契上并由土地部门保存。 外国人可以在土地上建造房屋。 施工许可证以外国人的名义申请。 外国人将以他/她自己的名义拥有该建筑物。 租赁权的优点是登记费较低（土地租赁金额的 1.1%）。 建议在合同中将年轻人等家庭成员作为共同承租人。 如果父母平安去世，孩子们可以继续履行整个租赁期。
Buildings can be owned 建筑物可以拥有
The buildings on the leased land can be owned freehold by the foreign buyer. The foreigner can apply for the construction permit in his/her name or show proof of a sales agreement. Transfer of a building requires a posting for 30 days by public notice to see if anyone contests this ownership. The lease contract can be written stating the house is separate from the building and it cannot be seized at the expiration of the lease contract.
租赁土地上的建筑物可由外国买家永久拥有。 外国人可以以其名义申请施工许可证或出示销售协议证明。 建筑物转让需要发布 30 天的公告，以查看是否有人对此所有权提出异议。 租赁合同可以写明房屋与建筑物是分开的，并且在租赁合同到期时不能被抵押。
Superficies
Superficies may be granted to a person under Section 1410 of the CCC. It is essentially a right which can be granted to an individual, irrespective of nationality, to own on the land the buildings, structures or plantations. This right may be granted for a period of time (a maximum of 30 years) or for life of either the owner of the land or the person granted the right. The process of registering Superficies is similar to any other proprietary transfers in Thailand . All involved parties will need to attend the Land Office to register the right along with the relevant documents including, among others, the land title deed, house registration book, ID cards and passports. There is also a transfer tax of 1.5% involved.
根据 CCC 第 1410 条，可以向个人授予地上权。 它本质上是一项可以授予个人的权利，无论国籍如何，拥有土地上的建筑物、构筑物或种植园。 该权利的授予期限可以是一段时间（最长 30 年），也可以是土地所有者或被授予权利人的终身。 注册 Superficies 的过程与泰国任何其他专有转让的过程类似。 所有相关各方都需要到土地局办理权利登记，并携带相关文件，其中包括土地所有权证书、房屋登记簿、身份证和护照。 还涉及1.5%的转让税。
A positive characteristic of a Superficies is that it is binding on your heirs. It is fully transferable to your loved ones unless drafted otherwise in the agreement. Like all proprietary rights, it can also be transferred to other parties but will need the consent of the land owner and requires a re-registration of the right at the Land Office with the new party. One of the most salient features of a Superficies is that it is a fully registered right giving you an inalienable right on the property for the duration of the Superficies. The key benefit of a Superficies is that there are no limitations on foreign nationals holding such rights.
Usufruct
In Thai language it is called Sidhi-kep-kin and it provides temporary ownership rights. This right is for the use and enjoyment of the profits and advantages of something belonging to another as long as the property is not damaged or altered in any way. The person who enters into a contractual agreement with the owner for this right is called the usufructuary. A usufruct may be created either for a period of time (not exceeding 30 years) or for the life of the usufructuary. The usufructuary is responsible for the expenses for the management of the property, paying taxes and duties, and be responsible for interests payable on debts charged to it. If required by the owner, the usufructuary is bound to insure the property against loss for the benefit of the owner. He must pay the insurance premiums for the duration of his usufruct. You are registered on the title deed. The land can never be sold or transferred by the owner of the land until the servitude is terminated. A usufruct interest expires upon the death of the holder of the usufruct and therefore cannot be inherited.
An interesting feature of usufruct is that the usufructuary can enter into a 30-year lease with a third party. So if the usufructuary signed a 30-year lease contract before his death, the lessee (tenant) will maintain the rights of the lease until its expiration. Supreme Court ruling 2297/1998 states that the lessor (landlord) does not have to be the owner of the property. Therefore the usufructuary can rent out the land. Although in the event of death of the usufructuary with the lease term, only the usufruct will be terminated but not also the lease.
Moreover, the usufructuary could transfer the right of using the land to his child. However, it remains to be seen if the Land Department officials would allow a transfer of the rights to the land. There is no annual tax levied on the property compared with 12.5 percent of the assessed or market rate rental value in the case of a registered lease.