2025 Thailand Villa Ownership Guide: From Nominee to Sap-Ing-Sith Legal...

Thailand implements a private land ownership system, but the law stipulates:
- Foreigners cannot directly own land;
- Foreigners can legally own buildings (the villa itself).

Therefore, the key issue lies in how to legally, safely, and stably hold the land. This has given rise to various common market structures, ranked from highest to lowest risk:
1️⃣ Thai natural person holding (highest risk)
2️⃣ Thai company holding (Company Freehold)
3️⃣ Long-term lease (Leasehold)
4️⃣ Sap-Ing-Sith (property with attached rights) — the only form of land property rights for foreigners recognized and registrable by national legislation.

Under Thai law, the land system allows Thai citizens and legally registered companies to own land; foreign individuals can only participate indirectly through forms such as:
- Registering a Thai company (requires Thai shareholders holding ≥51%)
- Leasing long-term use rights
- Or directly registering property rights in the form of Sap-Ing-Sith.
This determines that foreigners must pay attention to the separation of land and building ownership when buying a villa.

The so-called nominee holding refers to property registered under a Thai individual's name, who then rents the house to a foreigner for use. The core issues are:
- Foreigners have no actual property rights;
- If the nominee reneges, refuses to renew the lease, or sells, foreigners have no right to enforce;
- If the nominee passes away, the property enters their inheritance system, and heirs may not recognize private agreements.
📍Conclusion: Extremely high risk, not legally protected, not recommended.

Sap-Ing-Sith (Attached Benefit Property) is a new legal structure added to Thailand's Civil and Commercial Code in 2019, and it is the only land property right that allows registration by foreigners.

📌 It is essentially a Real Right, not a lease or proxy holding;
📌 It can be registered, inherited, mortgaged, and transferred;
📌 The right term is 30 + 30 + 30 = 90 years;
📌 The property certificate is registered under the foreign buyer's name.

🟥 Red Book (Land Title Deed):
- Held by the asset company under the developer group;
- The title deed specifies Sap-Ing-Sith registration, with the holder having no disposal rights.

🟦 Blue Book (Attached Rights Property Certificate):
- Similar to China's real estate certificate;
- Clearly states the rights owned by foreign buyers individually;
- Can be inherited, mortgaged, or transferred.
📌 This is the first time Thailand has issued a complete, legally protected real estate property certificate for foreigners.

1️⃣ National-level legal protection: The only land property right for foreigners that is recorded in the Civil and Commercial Code;
2️⃣ Clear and transparent property rights: Land title deed registered under the buyer's name;
3️⃣ 90-year full holding period: Can be inherited, mortgaged, and renovated;
4️⃣ No need for Thai shareholders or third-party holding;
5️⃣ Zero ongoing costs: No annual audits, no accounting, no tax maintenance;
6️⃣ Simplified process: Developer handles everything, only requires passport and signature to complete.