BOI promotion is one of the two main legal routes for a foreign-owned company to hold land in Thailand, alongside IEAT industrial estates. The right comes with precise limits. Under the rules overhauled in BOI promotion is one of the two main legal routes for a foreign-owned company to hold land in Thailand, alongside IEAT industrial estates. The right comes with precise limits. Under the rules revised in late 2024, a BOI-promoted foreign company with paid-up capital of at least 50 million baht can hold up to 5 rai for its offices and up to 20 rai for housing its operational staff, in addition to the land its promoted project requires. Since September 2025, several metal, chemical and plastics activities no longer give access to land ownership for majority foreign-owned companies. This guide details each rule. For a comparison of the BOI and IEAT routes, see our guide on how a foreign company can own land in Thailand.
Last updated: October 2026
The legal basis: Section 27 of the Investment Promotion Act
Outside specific frameworks, Thai law does not allow a majority foreign-owned company to own land. Section 27 of the Investment Promotion Act B.E. 2520 is the exception for promoted companies: it allows the BOI to authorise a promoted company to own land to the extent the Board considers appropriate for its promoted activity. The right is tied to the promotion itself and does not survive it.
The rules revised in late 2024
The current framework for office and housing land comes from BOI Announcement No. 16/2567, issued on 1 November 2024 and published in the Government Gazette on 9 December 2024, and from the implementing BOI Office Notification No. Por. 8/2567 of 4 November 2024. Announcement No. 16/2567 replaced the previous rules of 2022 (Announcement No. 6/2565).
Land for the promoted project
This is the land on which the promoted activity is carried out: factory, warehouse or production site. It is granted under Section 27 according to the needs of the project, as assessed by the BOI, without the fixed area caps that apply to offices and housing.
Administrative offices: up to 5 rai
A BOI-promoted foreign company can own up to 5 rai (about 8,000 m²) of land for the offices of its promoted business. The office land may be located on the same site as the promoted project or elsewhere.
Housing for operational staff: up to 20 rai
A BOI-promoted foreign company can own up to 20 rai (about 32,000 m²) of land to house its operational-level workers. The implementing notification sets the main conditions:
- the land must be located within 10 km of the place of business operation;
- the number of rooms must match the number of workers housed;
- the housing must include shared facilities, such as parking, a first-aid room and a kitchen, and other amenities approved by the BOI.
Executive and expert housing
The 2022 rules also allowed up to 10 rai of land to house executives and foreign experts. The 2024 framework only provides for offices and operational staff housing: the separate allowance for executive and expert housing was not carried over.
The 50 million baht capital condition
Land for offices and housing is reserved for BOI-promoted foreign companies with paid-up registered capital of at least 50 million baht. This condition is set by the rules on office and housing land; the land needed for the promoted project itself is assessed under Section 27 according to the project.
The sector restrictions of September 2025
BOI Notification No. Sor. 7/2568, dated 22 July 2025 and in force since 1 September 2025, stopped granting land ownership rights to majority foreign-owned companies in the following activities:
- Rolling, drawing, casting or forging of non-ferrous metals (BOI category 5.4.9)
- Manufacture of ferrous metal products or parts (5.4.11.2)
- Manufacture of non-ferrous metal products or parts for industrial use (5.4.11.4)
- Manufacture of other metal products, including industrial metal parts (5.4.11.5)
- Manufacture of chemical products for industry (6.2)
- Manufacture of plastic products for industrial goods and parts (6.4.1)
The restriction applies to BOI applications submitted from 1 September 2025. It does not apply to existing promoted companies that, under the same legal entity, have had at least three projects promoted between 2011 and 2025, with a total investment of at least 5 billion baht excluding land and working capital. For a first-time investor in Thailand, this exemption is out of reach.
The same notification also requires at least 51% Thai shareholding for three activities, unless the project is located in a BOI-designated special border economic zone: leather or artificial leather bags (9.8), furniture and parts (9.12) and printed materials (9.14).
The application procedure
Applications for land ownership and land use are filed online through the BOI’s e-Land system. According to the BOI, most land requests are processed within 15 working days. The application should be prepared together with the promotion file and the investment plan, since the area requested must match the project and the conditions above.
When the promotion ends
The land right is tied to the promotion. When the promotion ends, the company must sell or transfer the land within one year.
Summary table of the BOI land rules
| Land use | Maximum area | Main conditions |
|---|---|---|
| Promoted project (factory, production site) | As required by the project | Assessed by the BOI under Section 27 |
| Administrative offices | 5 rai (about 8,000 m²) | Paid-up capital of at least 50 million baht |
| Operational staff housing | 20 rai (about 32,000 m²) | Within 10 km of the operation, rooms matching the workforce, shared facilities |
| Executive and expert housing | No separate allowance | Not carried over from the 2022 rules |
Key takeaways
- Section 27 of the Investment Promotion Act allows the BOI to authorise a promoted company to own the land its activity requires.
- Under the rules revised in late 2024, a BOI-promoted foreign company can also own up to 5 rai for offices and up to 20 rai for operational staff housing.
- Office and housing land requires paid-up capital of at least 50 million baht.
- Staff housing must be within 10 km of the operation, with rooms matching the workforce and shared facilities.
- The separate allowance for executive and expert housing from the 2022 rules was not carried over.
- Since 1 September 2025, six metal, chemical and plastics activities no longer give land rights to majority foreign-owned companies, except for large, established BOI investors.
- The land must be sold or transferred within one year after the promotion ends.
Frequently asked questions about BOI land rules
Can a foreign company own land in Thailand through the BOI?
Yes. Section 27 of the Investment Promotion Act allows the BOI to authorise a promoted company to own the land its activity requires, as well as land for offices and staff housing within the limits set by the BOI.
How many rai can a BOI company own for offices and housing?
Up to 5 rai (about 8,000 m²) for offices and up to 20 rai (about 32,000 m²) for operational staff housing. The land for the promoted project itself is assessed according to the project.
Is 50 million baht of capital required?
Yes, for land used for offices and staff housing: the company must have paid-up registered capital of at least 50 million baht.
Can a BOI company buy land to house its executives?
The 2022 rules allowed up to 10 rai for executive and expert housing. The rules revised in 2024 only provide for offices and operational staff housing, so this separate allowance no longer exists.
Can the offices be on the same land as the factory?
Yes. The office land may be located on the same site as the promoted project or elsewhere, within the 5-rai limit.
Which sectors are excluded from BOI land rights?
Since 1 September 2025, majority foreign-owned companies in six activities no longer receive land rights: non-ferrous metal processing, ferrous and non-ferrous metal products and parts, other industrial metal products, industrial chemicals and plastic products for industrial use.
Is there an exemption to the sector restrictions?
Yes, for existing promoted companies that have had at least three projects promoted between 2011 and 2025 under the same legal entity, with a total investment of at least 5 billion baht excluding land and working capital.
What happens to the land if the BOI promotion ends?
The company must sell or transfer the land within one year after the promotion ends.
Conclusion
BOI promotion gives foreign companies a real but carefully limited right to own land in Thailand. The area caps, the 50 million baht capital condition and the sector exclusions introduced in 2025 all need to be checked before a site is chosen, not after. Because the right ends with the promotion, land ownership should be planned as part of the overall BOI strategy, together with the promoted activity, the location and the investment schedule.
If you are preparing a BOI project and want to include land in your plans, contact our team. We support foreign investors from the BOI application through to the operation of their project. Haven Group publishes regularly updated guides on Thai investment law for foreign companies. 2024, a BOI company can hold the land its project requires for the operating site, up to 5 rai for administrative offices and up to 20 rai for operational staff housing, with a minimum paid-up capital of 50 million baht for offices and housing. Since September 2025, several metal, chemical and plastics activities are excluded for majority foreign-owned companies, and applications are filed through the BOI’s e-Land system. This guide details each rule. For a comparison of the BOI and IEAT routes, see our guide on how a foreign company can own land in Thailand.
Last updated: October 2026
Why foreign companies cannot buy land in Thailand
The only structured legal route is Section 27 of the Investment Promotion Act B.E. 2520. This section allows the BOI to grant promoted companies the right to own land to the extent required for their business. This right is conditional and revocable: it lapses if the company loses its BOI promotion status.
What the BOI actually allows
The BOI regime distinguishes three categories of land, each subject to different rules.
Land for the operating site
This is the land on which the promoted activity is directly carried out: factory, warehouse, production site. The permitted area depends on the project and is assessed case by case by the BOI. It derives directly from the promotion certificate, with no fixed administrative cap.
Administrative offices
A BOI company may own up to 5 rai (approximately 8,000 m²) for its administrative premises, separately from the operating site. This plot cannot be located on the same land as the main site, unless the BOI grants an exemption.
Housing for operational staff
A BOI company may own up to 20 rai (approximately 32,000 m²) to house its operational-level employees. This housing must consist of buildings dedicated exclusively to workers of the promoted project. It cannot take the form of housing estates, condominiums, detached houses or shophouses. If the housing is off-site, it must be located within 10 km of the main site by main road.
Housing for executives and experts existed under the former regime (capped at 10 rai). It was abolished entirely by the new rules of December 2024.
The new rules of December 2024: what changed
Two official BOI notifications, dated 1 and 4 November 2024 and published in the Royal Gazette on 9 December 2024, overhauled the BOI land framework (Notifications 16/2567 and Por.8/2567).
The main changes compared with the former regime:
- The cap for staff housing rises to 20 rai — a significant increase over the former regime
- Housing for executives and experts is abolished
- A minimum paid-up capital of 50 million baht is required for offices and housing
- The application procedure is fully digital via the e-Land system
- Shared facilities (car parks, canteens, infirmaries) are permitted within staff housing, in reasonable proportion
The 50 million baht minimum capital
This threshold applies to land used for offices and housing (excluding the directly operating site). The company must show paid-up capital of at least 50 million baht and maintain it for as long as it holds the land. A capital reduction below this threshold results in the loss of the land right.
This threshold does not formally apply to the land directly used for the project’s operations. However, the BOI reviews the company’s financial strength in every case.
The sector restrictions of September 2025
In July 2025, the BOI issued Notification Sor.7/2568, which took effect on 1 September 2025. It excludes certain manufacturing sectors from BOI land rights for majority foreign-owned companies.
The sectors concerned are:
- Rolling, drawing, casting or forging of non-ferrous metals (BOI category 5.4.9)
- Manufacture of ferrous metal products or parts (5.4.11.2)
- Manufacture of non-ferrous metal products or parts for industrial use (5.4.11.4)
- Manufacture of other metal products or parts for industrial use (5.4.11.5)
- Manufacture of industrial chemicals (6.2)
- Manufacture of plastic products for industrial goods and parts (6.4.1)
An exemption exists, but it is reserved for large groups that are already established. To qualify, the company must meet three conditions simultaneously:
- Have obtained at least three BOI approvals under the same legal entity name
- These approvals must have been granted within the last 15 years
- The total amount invested must reach at least 5 billion baht (excluding land and working capital)
For an investor entering the Thai market for the first time, this exemption is out of reach.
The application procedure via the e-Land system
Since January 2026, all BOI land permit applications are filed online via the e-Land system, the BOI’s electronic platform dedicated to land rights.
Key points of the procedure:
- An incomplete application triggers a request for correction. The response deadline is 7 working days. After this deadline, the application is automatically rejected and deleted from the system.
- The BOI’s final decision is notified by post in the form of an official letter.
- The BOI may inspect the land at any time to verify that its use is compliant.
- In the event of non-compliance or loss of BOI status, the company has one year to sell or transfer the land.
Summary table of the BOI land regime
| Land use | Maximum area | Main conditions |
|---|---|---|
| Operating site of the promoted project | Depends on project (Sec. 27) | Tied to the BOI promotion certificate |
| Administrative offices | 5 rai (≈ 8,000 m²) | Capital ≥ THB 50M — plot separate from the site |
| Operational staff housing | 20 rai (≈ 32,000 m²) | Dedicated building — within 10 km of the site |
| Executive and expert housing | Abolished | No longer exists since December 2024 |
Key takeaways
- A foreign company can only buy land in Thailand if it is promoted by the BOI, under Section 27 of the Investment Promotion Act.
- Since December 2024, three uses are permitted: operating site (depending on the project), offices up to 5 rai, staff housing up to 20 rai.
- Housing for executives and experts has been abolished by the new rules.
- A minimum paid-up capital of 50 million baht is required for offices and housing.
- Since September 2025, the metals, chemicals and plastics sectors are excluded from BOI land rights for majority foreign-owned companies, except for large, already well-established groups.
- All applications are filed online via the e-Land system. The correction deadline for an incomplete application is 7 working days.
- The land right is tied to BOI status: losing it triggers an obligation to dispose of the land within one year.
Frequently asked questions about land purchase by a foreign company in Thailand
Can a foreigner buy land in Thailand in the name of their company?
Yes, but only if the company is promoted by the BOI. Without BOI promotion, a majority foreign-owned company cannot hold a land title in Thailand. There is no other general legal exemption for foreign legal entities.
Is a capital of 50 million baht mandatory to buy land through the BOI?
This threshold applies to land used for offices and housing. It does not formally apply to land used directly for the promoted project’s operations. However, the BOI assesses the company’s financial strength in every land application, including for the operating site.
How many rai can a BOI company buy?
For administrative offices, the cap is 5 rai (approximately 8,000 m²). For operational staff housing, it is 20 rai (approximately 32,000 m²). Land for the operating site is assessed case by case depending on the project.
Can a BOI company buy land to house its executives?
No. This category was abolished by the new rules of December 2024. The BOI no longer permits land ownership for housing foreign executives or experts. Only operational staff housing remains eligible.
What happens if the company loses its BOI status?
The company must sell or transfer the land within one year of losing its status. The BOI also reserves the right to inspect the land at any time to verify that its use is compliant.
Can the metals, chemicals or plastics sectors benefit from BOI land rights?
Since September 2025, these sectors are excluded from BOI land rights for majority foreign-owned companies. An exemption exists for groups holding at least three BOI approvals and a total investment above 5 billion baht, but it is out of reach for new entrants.
How do you file a BOI land permit application?
Since January 2026, all applications are filed online via the BOI’s e-Land system. The application must be complete from the outset: if a document is missing, the correction deadline is 7 working days. Beyond that, the application is automatically rejected. The final decision is notified by post.
Can a BOI plot serve as both the operating site and offices?
No, unless the BOI grants an exemption. The December 2024 rules require land allocated to administrative offices to be separate from the main operating site. A specific exemption request may be submitted if the project’s layout justifies it.
Conclusion
Land purchase by a foreign company in Thailand is possible, but strictly governed by BOI status. The 2024–2025 rules have both raised certain caps — notably for staff housing — and restricted access for certain industrial sectors. Moving the procedure online via e-Land has shortened processing times, but has also made it less forgiving of errors.
If you are setting up a BOI structure in Thailand and want to build a land strategy into your project, contact our team. We support foreign investors in preparing and following up their BOI applications.
