Foreign-owned companies promoted by the BOI may own land in Thailand under the following conditions.
This is the principal lawful route to foreign corporate land ownership. The alternative commonly used in practice — a Thai-majority company holding land for a foreign beneficiary — is a nominee structure and is the subject of active Land Department enforcement in 2026.
Legal Basis
Section 27 of the Investment Promotion Act B.E. 2520 is the single enabling provision: it authorises the BOI to permit promoted persons to own land in such amounts as the BOI considers necessary for their promoted activity. The BOI gives effect to this power through the following announcements, each of which sets out the specific criteria applicable to particular use cases:
- BOI Announcement No. 16/2567, dated 1 November 2024, “Criteria for Granting Permission to Foreign Juristic Persons Receiving Investment Promotion to Own Land for Establishment of Offices and Residences.”
- BOI Announcement No. Por. 8/2567, dated 4 November 2024, “Criteria and Conditions for Granting Permission to Foreign Juristic Persons Receiving Investment Promotion to Own Land for Establishment of Offices and Residences for Operational-Level Workers for Operation of Promoted Activities.”
- BOI Announcement No. Por. 9/2568, dated 18 July 2025, “Amendment to Criteria and Conditions for Granting Permission to Foreign Juristic Persons Receiving Investment Promotion to Own Land for Establishment of Offices and Residences for Operational-Level Workers.”
- BOI Announcement No. Sor 7/2568, dated 22 July 2025, “Amendment to the List of Activities Eligible for Investment Promotion under the Board of Investment Announcement No. 9 / 2565”
Overview of Key Updates
- Industry Restrictions: Sor. 7/2568 restricts land ownership for businesses in the metal, chemical, and plastic sectors, except for juristic persons with at least three promoted projects and a combined approved investment of not less than THB 5 billion(excluding land cost and working capital).
- Housing Definitions & Limits: Worker housing must be purpose-built buildings—no land-subdivision projects, condo units, detached houses, or shophouses; company-wide limits apply: 5 rai for offices; 20 rai for worker housing.
- Elimination of Executive Residences: The previous allowance for BOI-promoted companies to hold up to 10 rai of land for executive or expert housing has been removed. BOI land ownership rights now cover only office premises and housing for operational-level employees.
- Digital Application: All applications must be filed via the BOI e-Land system, with a 7-business-day correction window for incomplete filings; BOI’s final decision is issued as a hard-copy letter by postal mail.
What Section 27 Covers — and Where the Announcements Apply
A common source of confusion is applying the requirements in Announcement No. 16/2567 — including the THB 50 million capital floor — to all BOI land ownership. In fact, the BOI issues requirements on a use-case basis. Investors should distinguish between what the promotion certificate itself authorises for the operational project site, and the additional criteria the BOI imposes for ancillary uses such as separate office premises or worker housing:
- Land for the Promoted Activity (Section 27): This covers the actual project site, production facility, or operational footprint. The right flows directly from the promotion certificate and depends on project-specific feasibility and category criteria — not the administrative capital requirements below.
- Land for Offices and Worker Residences (Announcement No. 16/2567): This governs administrative office space and worker housing that is separate from the primary operational site. The strict capitalisation floor applies here.
Practice Note: While Section 27 does not textually impose the THB 50 million threshold on operational project land, the BOI scrutinises promoted companies closely when approving land ownership — particularly for service and non-manufacturing activities. Demonstrating strong financial substance and adequate capitalisation significantly improves the likelihood of approval, even where the threshold is not formally prescribed.
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Capital Requirement (Offices and Residences)
The paid-up registered capital of at least THB 50 million is a strict financial minimum — but it applies specifically to land acquired for ancillary offices and worker residences under Announcement No. 16/2567. It is not a requirement for operational project land governed directly by Section 27 of the Investment Promotion Act.
Restrictions for Certain Industries
Under Announcement No. Sor. 7/2568, the BOI has implemented new restrictions on land ownership for specific industrial categories. Generally, foreign-majority-owned companies are no longer eligible for land-ownership privileges if they conduct activities in the following categories:
| BOI Category | Official Industry Description |
| 5.4.9 | Rolling, drawing, casting, or forging of nonferrous metals |
| 5.4.11.2 | Manufacturing of ferrous metal products or ferrous metal parts |
| 5.4.11.4 | Manufacturing of nonferrous metal products and/or nonferrous metal parts for industrial use |
| 5.4.11.5 | Manufacturing of other metal products, including other metal parts for industrial use |
| 6.2 | Manufacture of chemical products for industry |
| 6.4.1 | Manufacture of plastic products for industrial goods and parts |
The “High-Investment” Exemption
These restrictions do not apply to established BOI-promoted companies that meet the following cumulative criteria:
- Project History: At least three projects granted promotion under the same juristic person.
- Timeline: Projects must have been granted within the past 15 years.
- Capital Threshold: A combined investment of at least THB 5 billion (excluding land cost and working capital).
Land Ownership Limits
One rai is approximately 1,600 m² (≈0.16 ha; ≈0.395 acres)
- Office use: up to 5 rai (8,000 m²; ≈0.8 ha; ≈1.98 acres)
- Worker housing (operational level): up to 20 rai (32,000 m²; ≈3.2 ha; ≈7.91 acres)
Conditions and Restrictions on Land Use
Worker Accommodations
- Must be purpose-built buildings exclusively for operational-level workers, sized proportionally to the workforce.
- Must not be part of land-subdivision projects, condominium units, detached houses, or shophouses.
- If off-site, must lie within 10 km along main public roads of the primary project.
- Room count must match the operational-level workforce.
Permitted Facilities
Common-area amenities—parking, canteens, first-aid rooms, kitchens—may be approved in suitable proportions.
Compliance, Inspection & Disposal
BOI may inspect land use and access premises at any time. Non-compliance triggers revocation of land rights; the land must be sold within one year of the revocation notice.
Application Process via e-Land
- Submission: File all applications and supporting documents through the BOI e-Land system.
- Correction Window: BOI reviews for completeness. Incomplete applications prompt an itemized request and a 7-business-day electronic correction period; failure to comply results in automatic rejection.
- Decision Notice: BOI issues final approval or denial as a hard-copy letter sent by postal mail.
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