Thailand Law Library

by Thailand Lawyer

Chapter 8: Limitation of Aliens Right in Land

Aliens may acquire land by virtue of the provisions of a treaty giving the right to own immovable properties and subject to the provisions of this Code.

Subject the Section 84 the aforesaid aliens may acquire land for residence, commerce, industry, agriculture, burial, public charity or religion under the conditions and procedures prescribed in Ministerial Regulations and with the permission of the Minister.

The amount of land which may be permitted under the preceding Section is as follows:

1. For residence, per family, not more than 1 rai
2. For commerce, not more than 1 rai
3. For industry, not more than 10 rais
4. For agriculture, not more than 10 rais
5. For religion, not more than 1 rai
6. For public charity, not more than 5 rai
7. For burial, per family, not more than rai The Council of Ministers may, if they think fit, permit an alien to acquire more land for industry than that prescribed in (3) under such conditions as they may impose. The provisions of Section 48 shall apply mutatis mutandis.

The provisions of Section 87 shall not affect the acquisition of land by aliens in excess of that prescribed in Section 87 prior to the effective date of this Code. Persons holding less land than that prescribed or who dispose of their land, may acquire additional land provide the total holding does not exceed the limit prescribed in Section 87.

When an alien has received permission to acquire land for any purpose, he must use the land for that purpose and for no other unless permission is received to use it far another purpose under the limitations of Section 87. If the land is not used a s authorized notice must be given on the forms and following the procedures prescribed in Ministerial Regulations within thirty days from the non-user of the land.

Aliens wishing to use land for another purpose may apple to the Minister for permission on the forms and following the procedures prescribed in Ministerial Regulations. If the Minister thinks fit, he may give permission.

Aliens who have received permission to hold and use land for any purpose if no longer using the land or if using it for another purpose without receiving new permission, shall dispose of such land within the time limit prescribed by the Director-General which shall not be less than one hundred eighty days nor more than one year. If such time it exceeded, the Director-General shall have the power to dispose of the land.

Aliens who have received new permission to use land for a purpose for which the maximum amount of land which may be held is smaller, shall dispose of the excess within the time limit prescribed by the Director-General which shall not be less than one hundred eighty days nor more than one year. If such time limit is exceeded the Director-General shall have power to dispose of the land.

If any alien receiving permission to acquire land under the terms of Section 87, paragraph 2, does not observe the conditions prescribed by the Council of Ministers, he shall dispose of such land permitted in excess within the time limit prescribed by the Director-General. If such time limit is exceeded the Director-General shall have the power to dispose of the land.

The Minister shall permit the inheritance of land by an alien who is the lawful heir, but such acquisition when added to that which s already held may not exceed the amount which may be held under Section 87.

All the land which as alien has acquired unlawfully or without permission shall be disposed of by such alien within the time limit prescribed by the Director-General which shall not be less than one hundred eighty days nor more than one yea r. If the land is not disposed of within the time prescribed the Director-General shall have the power to dispose of it. The provisions on the forced sale of land in CHAPTER 3 shall apply mutatis mutandis.

Any person who has acquired land while Thai national and later changes his nationality shall have the right to hold as much land as such alien may have. Land apart from that shall be disposed of and the provisions of Section 94 shall apply mutatis mutandis.

When it appears that any person has acquired land as the owner in place of an aliens or juristic person under the provisions of Section 97 and 98, the Director-General shall have the authority to dispose of such land and the provisions of Section 94 shall apply mutatis mutandis.

The provisions prescribing the acquisition of land by foreigners by virtue of the provisions of a treaty under first paragraph of Section 86 shall not apply to the foreigners who bring in the capital for investment more than forty million Baht as prescribed in the Ministerial Regulations whereas the acquisition of land for purpose of residence shall not exceed one rai and shall be approved by the Minister.

The acquisition of land by foreigners under paragraph one shall be in accordance with the rules, procedures, and conditions prescribed in the Ministerial Regulations. The essential issues shall be included in the Ministerial Regulations as follows:

1. The type of business in which the foreigners invest that economically and socially benefits the country or which is declared by the Board of Investment as eligible for the application of the investment promotion under the law thereon.
2. The period of maintaining the investment shall not be less than three years.
3. The land that the foreigners may acquire shall be within the locality of Bangkok Metropolitan Administration, the City of Pattaya, Municipality, or the zone designated to be the residential area under the law on city planning.

Any foreigner who is granted to acquired land under Section 96 bis shall, if fails to comply with the rules or conditions prescribed in paragraph two of Section 96 bis in the Ministerial Regulations, dispose of the land being under his/her right within the time period prescribed by the Director-General which is not later than a hundred and eighty days but not longer than one year. If such time period elapses, the Director-General shall have power to dispose of such land.

If the land granted to be acquired by the foreigner under Section 96 bis is not used for purpose of residence within two years from the registration date of acquisition, the Minister shall have power to dispose of such land.