Thailand’s Board of Investment (“BOI”) has recently issued a new notification revising the rules on land ownership for residential purposes by BOI-promoted companies, introducing stricter conditions and enhanced procedural requirements.

The new regulation is dated 18 July 2025 and was issued as Board of Investment Notification No. Por. 9/2568, officially titled “Amended Criteria and Conditions for Granting Permission to Foreign Juristic Persons Receiving Investment Promotion to Acquire Land for Offices and Residential Use for Operational-Level Employees to Carry Out Activities Eligible for Investment Promotion.” The notification was subsequently published in the Royal Gazette on 6 January 2026. It applies retroactively to all land ownership applications submitted on or after 18 July 2025.

One of the most significant changes under this notification is the introduction of a fully electronic application process. BOI-promoted companies seeking permission to acquire land for office or residential purposes must now submit their applications through the e-Land System, the BOI’s online platform for managing land-related rights and privileges. The review process is conducted electronically, and if the BOI requests amendments or additional supporting documents, applicants must comply within seven working days. Failure to do so will result in the application being automatically rejected and removed from the system.

With regard to substantive requirements, the new notification builds on the land ownership criteria introduced in 2024 and imposes additional conditions for residential facilities intended for operational-level employees, particularly unskilled workers. Under the revised rules, such residential properties must not:

• be located within a land development or residential housing project;
• be a condominium; or
• be classified as a house or a commercial building.

These changes reflect the BOI’s continued efforts to tighten regulatory oversight of land ownership privileges granted to foreign juristic persons, while ensuring that such rights are exercised strictly in line with the operational needs of BOI-promoted enterprises.

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Ihr Ansprechpartner in Thailand: Dr. Andreas Respondek

Respondek & Fan Ltd

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