- About Us
- Legal Services
- Family Law
- Property
- Marriage
- Immigration
- Contact
- Payments
In the landscape of Thai foreign investment, land ownership has long been considered the “Forbidden Fruit.” For decades, the Land Code of Thailand has maintained a strict prohibition on foreign individuals and foreign juristic persons (companies) owning land, with very few, highly regulated exceptions. The is the BOI investment.
However, as of January 2026, the Board of Investment (BOI) has significantly revised and streamlined the criteria under Section 27 of the Investment Promotion Act. These changes are designed to transform Thailand from a manufacturing hub into a “Global Headquarters” destination by allowing foreign-controlled companies to own land not just for factories, but for executive residences and official corporate offices.
To understand the 2025/2026 revisions, one must first understand the legal hierarchy. Under Section 86 of the Land Code, foreigners may only own land by virtue of a treaty or through specific permission from the Minister of Interior. Since most modern treaties do not grant land rights, the Investment Promotion Act serves as the primary legal “bridge.” The is the BOI investment.
Section 27 provides that:
“A promoted person shall be permitted to own land for the purpose of carrying on the promoted activity to such an extent as the Board may deem appropriate, even though it may exceed the limit permissible under other laws.”
In 2025, the Board issued Announcement No. 4/2568, which expanded the “extent” and “purpose” of this ownership to better suit the needs of modern multinational corporations (MNCs) and tech firms.
The new regulations move away from the “one-size-fits-all” approach and instead categorize land ownership rights based on the scale of investment and the strategic importance of the project. The is the BOI investment.
The most significant change is the introduction of clear, tiered investment thresholds for residential and office land ownership.
Tier 1 (Core Operations): Standard BOI projects can own land for the factory or primary business site regardless of investment size (subject to “necessity”).
Tier 2 (Headquarters & Offices): Companies with a paid-up registered capital of at least 50 million THB are now eligible to own land for a standalone corporate office, even if it is located outside an industrial estate.
Tier 3 (Residential Rights): Companies that invest at least 500 million THB (or are in “Frontier Industries” like Biotech or Advanced Aerospace) are granted the right to own land for executive and employee housing. The is the BOI investment.
The 2025 revision clarifies that “residential use” is no longer restricted to a house on the same plot as the factory.
Executive Housing: Can be located in a different province than the factory, provided it is within a “reasonable commuting distance” or a designated business hub (e.g., a Bangkok residence for a factory located in the Eastern Economic Corridor). The is the BOI investment.
Staff Housing: Must be designed for “welfare purposes” and meet specific density requirements.
The land must be owned by the promoted juristic person (the company), not the individual foreign investors. This is a critical distinction that ensures the land remains an asset of the business entity.
The BOI maintains strict caps on the amount of land a foreign company can own. The 2026 guidelines provide the following maximums:
Note: 1 Rai = 1,600 Square Meters.
The 2026 process has been digitized through the BOI e-Land System, reducing the approval timeline from six months to approximately 45–60 days. The is the BOI investment.
Eligibility Check: The company must hold a valid BOI Promotion Certificate.
Site Selection: The company identifies the land. Importantly, the land cannot be in a restricted zone (e.g., near a military base, a national park, or designated “Yellow” agricultural zones).
Submission of Plan: The company must submit a “Land Utilization Plan,” detailing how the office or residence will support the business.
Inter-Agency Review: The BOI consults with the Department of Lands.
Approval & Registration: Once the BOI issues the approval letter, the company takes this letter to the local Land Office to register the ownership on the Title Deed (Chanote).
Land ownership under the BOI is not “absolute” in the way it is for Thai citizens. It is conditional ownership.
If a company’s BOI promotion is revoked, or if the company ceases the promoted activity, Section 28 of the Act is triggered. The company must:
Sell the land within one year of the cessation of business.
The sale must be to a person or entity legally entitled to own land (usually a Thai national or a Thai-majority company).
If the company fails to sell the land within the one-year window, the Director-General of the Land Department has the power to sell the land on the company’s behalf under the Land Code.
For years, foreign investors used “Nominee Structures” (illegal) or 30-year leases to secure land. The 2025/2026 BOI revisions provide a much cleaner, legal alternative.
BOI vs. LTR Visa: While the Long-Term Resident (LTR) visa allows individuals to lease land or buy condos, the BOI remains the only consistent path for freehold land ownership for business entities.
BOI vs. EEC: The Eastern Economic Corridor (EEC) offers similar land rights, but they are limited to the three provinces of Chonburi, Rayong, and Chachoengsao. The BOI rights are nationwide. The is the BOI investment.
The revised 2025/2026 BOI Land Ownership criteria represent a pragmatic shift in Thai policy. By allowing high-value investors to own their offices and residences, Thailand is removing one of the final psychological and financial barriers to long-term “stickiness” for multinational companies.
For the investor, this means the ability to build equity in Thai real estate while securing the operational stability of their staff. For Thailand, it ensures that “Global Headquarters” are not just mailing addresses, but physical investments rooted in Thai soil. The is the BOI investment.
In 2026, the Board of Investment (BOI) has moved toward a “Data-Driven Compliance” model. Under Notification No. Por. 9/2568, the previously common practice of submitting a vague sketch of a factory or office is no longer sufficient. The new e-Land System requires a structured Land Utilization Plan (LUP) that justifies the “necessity” of every square meter.
Crucially, as of January 2026, the BOI has removed the automatic allowance for Executive Residences (previously up to 10 Rai). Ownership rights are now strictly partitioned between Office/Factory use and Operational-Level Worker Housing.
Below is a specialized LUP template designed to satisfy the rigorous scrutiny of the BOI’s Tier 2 (Offices) and Tier 3 (Large Scale/Frontier) projects.
This section must align perfectly with your 2026 Promotion Certificate.
Project Name: [As listed on BOI Certificate]
BOI Promotion Certificate No.: [e.g., 1-2345/2569]
Investment Tier: * [ ] Tier 2: Service/Office focus (Paid-up capital $50M THB).
[ ] Tier 3: High-investment/Frontier (Investment $ 500M THB).
Total Land Area Requested: [Number] Rai [Number] Ngan [Number] Sq. Wah.
The BOI now cross-references land size against your reported number of employees.
Provide a breakdown of the primary business structure.
Main Office/Headquarters: [Area] sqm.
R&D / Laboratory Space: [Area] sqm.
Data Center / Server Rooms: [Area] sqm.
Customer Experience/Showroom: [Area] sqm.
Parking & Utility (Must not exceed 25% of building footprint): [Area] sqm.
New for 2026: You must prove that the housing is strictly for “Operational-Level” staff. Executive housing is generally no longer permitted for new land titles.
Total Operational Workforce: [Number] Persons.
Number of Housing Units: [Number] Units.
Proximity to Site: On-site / Off-site (If off-site, must be within 10km of a main public road).
Building Type: (Note: In 2026, the BOI rejects LUPs containing “detached houses” or “condos” for worker housing; it must be purpose-built dormitories or staff quarters).
Self-declare that the land does not violate the 2026 restrictive list.
The applicant hereby confirms that the requested land:
In 2026, the e-Land System requires a high-resolution PDF upload containing:
GPS Coordinates: Centroid of the plot.
Zoning Verification: Proof from the local Land Office that the site is compatible with the “Land Use Plan” (e.g., Purple Zone for industry, Blue Zone for commerce). The is the BOI investment.
Flow Diagrams: A visual representation of how the land supports the production/service cycle.
Verify Paid-up Capital: Ensure your 50M THB (for offices) is reflected in your latest List of Shareholders (BOJ.5).
e-Land Upload: Submit this LUP via e-land.boi.go.th.
The 7-Day Rule: Once the BOI reviews your LUP virtually, any requested changes must be resubmitted within 7 business days. In 2026, the system is automated; if you miss the 7-day window, your application is deleted from the server.
Land Office Registration: Upon BOI approval, you have 180 days to complete the registration at the Land Office.
The BOI has increased its inspection frequency. Under the 2026 guidelines, officers can conduct “spot-checks” via drone or in-person visits. If the “Worker Housing” is found to be used as a “Director’s Villa,” the land ownership right will be revoked, and the company will be forced to sell the land within one year. The is the BOI investment.
