One question lands in our WhatsApp inbox more than any other: “Can I, as a foreigner, actually own property in Krabi?” The honest answer is yes, with the right structure, and our team has guided buyers from the UK, Europe, Australia and across Asia through exactly this process here in Krabi and Ao Nang. This guide explains how foreign property ownership in Thailand really works in 2026, what it costs, and the due diligence that protects you, written from what we deal with on the ground every week, not copied from a brochure.
A quick, important note before we start: this is practical guidance, not formal legal advice. Thai property law has real nuance, and a licensed Thai property lawyer should review your specific transaction. We work alongside trusted local lawyers on every deal and we will happily connect you with one.
Can foreigners own property in Krabi? The short version
Foreigners cannot own land outright in Thailand. That single rule shapes everything else. What you can do is well established and secure when done correctly:
- Own a condominium freehold in your own name, as long as the building stays within its 49% foreign-ownership quota.
- Hold a villa or house on a registered leasehold, typically up to 30 years, with renewal terms agreed in the contract.
- Own the building itself (the villa structure) separately from the land beneath it, using a superficies right.
- Secure a usufruct, the registered right to live in and earn income from a property for up to 30 years or your lifetime.
Each route suits a different goal. A condo by the beach in Ao Nang is a different decision from a pool villa in Sai Thai. Below we break down each one.
1. Condominium freehold: the simplest path
If you want a title deed in your own name, a condominium is the most straightforward option. Under the Thai Condominium Act, foreigners can hold condo units on a genuine freehold basis, provided no more than 49% of the total floor area in that building is foreign-owned. The remaining 51% must stay in Thai ownership.
Two things matter here. First, only a project formally registered as a condominium qualifies, an unregistered “apartment” building does not give you foreign freehold. Second, before you commit, you must confirm the building has not already hit its foreign quota. We always request a written certificate from the condominium’s juristic person (the management office) confirming quota space is available.
One more requirement that surprises buyers: the purchase funds must be transferred into Thailand from abroad in foreign currency. When the money is converted to Thai Baht, the receiving bank issues a Foreign Exchange Transaction (FET) form. You need that document to register foreign freehold ownership at the Land Department, so never skip it.
2. Leasehold: the standard route for villas and houses
Because you cannot own the land under a house, the most common and secure way for a foreigner to hold a villa in Krabi is a registered leasehold. Thai law officially recognises a lease term of up to 30 years, registered against the title at the Land Department.
You will often see “30 + 30 + 30” advertised. Be clear-eyed about this: only the first 30 years is guaranteed by law. Any renewal is a contractual promise, not an automatic legal right, which is why the wording of your lease and the credibility of the developer or landlord matter enormously. A well-drafted lease can include renewal clauses, succession rights for your heirs, and the right to sell or sublet, but those protections only exist if they are written in properly.
3. Owning the villa, leasing the land: superficies and usufruct
For buyers who want stronger control over a house, two registered rights are worth knowing:
- Superficies lets you legally own the building or structure separately from the land, for up to 30 years or for life. It is transferable, which can matter for resale.
- Usufruct gives you the right to use and take income from the property for up to 30 years or your lifetime. It ends on death and cannot be transferred, but it is a strong personal-use protection.
These are often combined with a lease to build a secure overall structure for a villa purchase. This is exactly the kind of arrangement where a good lawyer earns their fee.
A serious warning on company ownership and nominees
You may have heard that foreigners “just set up a Thai company” to buy land. Treat this advice with real caution. A Thai company can legitimately own land only with a genuine 51% Thai majority of active shareholders. Using Thai nationals as passive “nominees” purely to get around the foreign land ban is illegal under Thai law, and enforcement has tightened sharply: in March 2025 the Supreme Court reinforced that nominee shareholding structures are legally defective, and authorities have been actively pursuing them.
If anyone offers you a cheap “company structure” to own land outright, walk away and get independent legal advice. A clean leasehold or condo freehold is far safer than a structure that could be unwound later.
What does it cost to buy property in Krabi?
Beyond the purchase price, budget for transfer costs and taxes. As a rough guide for 2026:
- Transfer fee: 2% of the registered value, commonly split 50/50 between buyer and seller (so often around 1% to you).
- Stamp duty: 0.5%, or Specific Business Tax of 3.3% if the seller has owned for less than five years. These usually fall to the seller, but always confirm who pays what in writing.
- Withholding tax: calculated on a progressive scale for individuals, typically the seller’s responsibility.
- Legal and due-diligence fees: a sensible, non-negotiable expense, usually a modest percentage or fixed fee.
As a working estimate, foreign buyers should allow roughly 2.5% to 6% of the property value in fees and taxes on top of the price. Note that the reduced-transfer-fee government stimulus measures generally do not apply to foreign buyers, so budget for the standard rates.
Due diligence: the checklist that protects you
This is where buying in a foreign market either goes smoothly or goes wrong. Before any money changes hands, we make sure every box is ticked:
- Title deed check. Confirm the land has a Chanote (the strongest, most secure title) or a Nor Sor Sam Gor, and that the seller is the registered owner with no mortgages, liens or existing leases attached.
- Condo quota certificate. For a condo, get written confirmation the foreign quota has room.
- Permits and zoning. Verify a valid construction permit and that the build complies with local planning rules.
- Physical site verification. Walk the actual boundaries. The plot you are shown is not always the plot on the deed.
- Legal access. Confirm there is registered access to a public road. A landlocked plot can be nearly worthless.
- Foreign remittance paperwork. Keep your FET form for condo freehold purchases.
- An independent Thai lawyer. Not the seller’s, not the developer’s. Yours.
Why work with a local Krabi team
Krabi is our home. We are a TAT-licensed local company, and we manage villas here as well as sell them, which means we see how properties actually perform after the sale, not just at the point of purchase. We help you shortlist genuine, well-titled properties, coordinate independent legal due diligence, and stay with you through registration at the Land Department and beyond. If you later want the property rented and managed, that is our day job too.
Browse current listings on our Krabi property for sale page, see live developments under Krabi property projects, or read about our villa and rental management service if you are buying as an investment.
Frequently asked questions
Can a foreigner own a house in Krabi outright?
Not the land. A foreigner can own the house structure (via superficies) and hold the land on a registered long-term lease, or buy a condominium freehold. Owning land directly is not permitted except in rare, approval-based exceptions.
Is leasehold safe in Thailand?
A properly registered 30-year lease with strong contract terms is a recognised and widely used structure. The key is the quality of the lease drafting and the credibility of the party granting it, which is why independent legal review is essential.
Can foreigners get a mortgage in Thailand?
Local mortgage financing for foreigners is limited and conditional. Most foreign buyers purchase with cash or finance from their home country. We can talk you through the realistic options for your situation.
How long does buying property in Krabi take?
Once you have chosen a property and completed due diligence, registration at the Land Department is usually quick. Allowing one to three months from offer to completion is realistic, depending on the structure and paperwork.
What is the safest way for me to buy?
For most buyers it is a condo freehold (title in your name) or a well-drafted registered leasehold for a villa, always with independent legal due diligence. Avoid nominee company structures.
Thinking about buying in Krabi? Tell us what you are looking for and we will give you honest, local guidance, no pressure. Chat with our team on WhatsApp.
