In General, a foreigner doesn’t allow to obtain land in Thailand. However, in case of inherited as a statutory heir, Sections 87 and 93 of the Land Code of Thailand allow foreigners to have the ownership of land. This article summarizes the rules for obtaining land by a foreigner by inheritance as statutory heirs as follows.

RELEVANT LAWS AND REGULATIONS

  1. Sections 87 and 93 of the Land Code.
  2. Letter of the Department of Lands No. MorTor0710/Wor28136; Dated 14 September 2000; Subject; Land inheritance of foreigner under Section 93 of the Land Code.
  3. Order of the Ministry of Interior No. 152/2546, Dated; April 21, 2003. Subject; the authorization of The Minister of the Interior granted to the director general of Land and the governor to act on behalf of the Minister of the Interior.
  4. Letter of the Department of Lands No. MorTor0515/Wor11847, dated 13 May 2003; Subject; requesting to acquire land by foreigner inheriting as a statutory heir and request for sale and transfer of land of a foreigner who has acquired land according to the land code.

1. STATUTORY HEIRS ONLY

The applicant must be a foreigner who is a statutory heir of the deceased according to Section 1629 of the Civil and Commercial Code (CCC), which classifies the heir into two types of heirs, the statutory heir and the heir by last will.

Section 1629 of the (CCC) classifies the statutory heir into seven classes of a statutory heir (1) Descendants; (2) parents; (3) brothers and sisters of whole blood; (4) brothers and sisters of half-blood; (5) grandparents; (6) uncles and aunts. and (7) the surviving spouse. Read how inheritance rights in Thailand.

An inheritor as an heir by will doesn’t allow land ownership. In this case, the estate administrator must manage the land sale within at least 180 days but not more than one year and give the money to the heir under the will.

2. APPLICATION FOR PERMISSION

A statutory heir must apply for land acquisition with the competent officer under section 96 bis of the Land Code. In this case, the application must be approved by the Minister of Interior, which the Minister authorizes the Director-General of the Department of Lands and the Provincial Governor to be Representatives as follow;

If the land is in Bangkok, the Director-General of the Land Department shall act on his behalf. If the land is in another province, the Provincial Governor shall act on his behalf.

In the event that it should not be allowed, it shall submit it to the Minister of Interior for consideration and order.

3. THE AMOUNT OF LAND PERMISSIBLE

The land to be inherited when combined with the existing land (if any) must not exceed the right to be acquired under Section 87 of the Land Code, such as a residence of not more than 1 rai per family used for commercial purposes. Not more than 1 rai. The excess land must be sold within not less than 180 days but not more than one year.

Section 87 of the Land code. The amount of land permissible under the preceding Section shall be as follows.

(1) For residential use, not exceeding 1 rai per family.
(2) For commercial use, not exceeding 1 rai.
(3) For industrial use, not exceeding 10 rais.
(4) For agricultural use, not exceeding 10 rais per family.
(5) For religious use, not exceeding 1 rai.
(6) For public charity use, not exceeding 5 rais.
(7) For cemetery use, not exceeding ½ rai per family line.

What does the family mean? The Department of Lands has laid down the practice that “family” means spouse and minor children or full-of-age children who still share the same household, excluding married children even in the same home and grandchildren or other people; this will be based on the household registration.

4. SALE OF INHERITED LAND

When a foreign inheritor wants to sell, the land must have permission from the Minister. (The Minister authorizes the Director-General of the Department of Lands and the Provincial Governor to act on his behalf as mentioned in clause 2 above).

5. FEE

In addition to taxes and duties stamp the applicant must pay the application fee as follow;

  • Application fee of 500 THB per person
  • Permission fee 100 THB per rai, minimum 100 THB
  • Inheritance transfer registration fee only between ascendants and descendants. Or between spouses. According to the appraisal price of 0.5 percent

CONCLUSION

Foreigner as a statutory heir may apply for the acquisition of land not exceeding 1 rai per family when combined with the existing land (if any). In contrast, the foreign heir’s inherited land by will must be sold off within not less than 180 days but not more than one year.