BOI 1 Rai — Foreigner Land Ownership Privilege
Invest THB 40 million for 5 years — own up to 1 rai (1,600 sqm) of land in your own name
Land Code Sec. 96bis allows foreigners to own up to 1 rai of land in Bangkok/Pattaya/Chiang Mai/Phuket or designated zones, by investing THB 40 million for at least 5 years. Funds must be wired from abroad and invested in government bonds, BOI-promoted businesses, real estate funds, or infrastructure. Approval from the Ministry of Interior takes 60–90 days. A rare option for high-net-worth expats wanting genuine land ownership in their own name.
Steps (5)
- 1Wire 40M from abroad
Open Thai non-resident account / wire with purpose 'Investment under Land Code 96bis' / receive FET form for each transaction
- 2Choose investment vehicle
Government bond (1–2% yield), BOI-promoted business, real estate fund (REIT), or infrastructure fund — 5-year lock-up
- 3Lawyer files with Ministry of Interior
Submit application + supporting docs — specify the parcel (max 1 rai in designated zones)
- 4Approval + sign SPA
After 60–90 day approval — sign SPA + deposit + land due diligence
- 5Transfer at Land Office
Both parties attend / pay 6.3% transfer / receive title in your name (foreign name)
Documents
- Passport + Non-Immigrant Visa
- FET form 40M THB
- Investment certificate
- BOI promotion (if chosen)
- Land deed Nor Sor 4 Jor
Frequently asked questions
Can I resell?
Yes, to a Thai national at any time. Selling to another foreigner only works if the new buyer independently qualifies and completes the entire BOI 1-rai investment process in their own name, which in practice makes the Thai buyer market far more liquid.
Can I withdraw the 40M before 5 years?
No. The THB 40 million must remain invested in the approved assets for the full five years. Withdraw early and the land must be transferred to a Thai national or back to the state within 180 days, failing which the Director-General may order its disposal.
Can I build on the land?
Yes, without restriction. The house, pool, wall and any outbuildings are registered in your name for the whole holding period, and building ownership is not subject to the land restrictions that apply to the plot itself.
Is 1 rai per family or per person?
Per qualifying person. A foreign couple who each make the THB 40 million investment can each hold 1 rai, on separate parcels, for a combined 2 rai. The permission is personal and does not transfer automatically to heirs, who must qualify or sell.
Vs 30-year leasehold?
The BOI 1-rai route gives genuine freehold in your own name but demands THB 40 million and a five-year lock-up. A registered 30-year lease costs a fraction, is available anywhere, and can be layered with a superficies right — but it remains a contractual interest, not ownership.
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