Section 96 allows an alien to purchase land for residential purposes as long as the land is not more than one rai in area. The following conditions apply:
- The alien must invest at least 40 forty-million baht in Thailand and must maintain that investment for at least five years.
- The alien must obtain the permission of the Ministry of Interior.
- The investment must in in:
- Thai government or Thai state enterprise bonds
- Certain property or financial institution mutual funds
- Shares in certain companies established under laws promoting investment.
- Activities sanctioned by the Board of Investment for the purpose of promoting investment.
- The land must be in a residential zone and not in a military safe zone.
- The land must be used only as a residence and in accordance with local community standards.
- If these rules are not complied with, the Department of Lands may direct the alien to dispose of the land.
- If the land is not used as a residence within two years of purchase, the Department of Lands may dispose of the land.
An alien may also acquire land as a statutory heir as long as the land does not exceed certain statutory size limits.
The Thai spouse of an alien may acquire land as long as the funds used to make the purchase are the sole and separate property of the spouse.
Although Section 86 of the Land Code allows an alien to acquire land by virtue of treaty provisions, no such treaties are currently in effect.