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Can a foreigner actually own property in Thailand, Malaysia, Kenya, South Africa or the Czech Republic? The answer differs sharply in each: outright ownership in some, condominiums or long leases in others, and no foreign-owned land at all in Thailand. In this Global Law Experts roundtable, five real estate and conveyancing practitioners compare foreign ownership rules, due diligence, residency-by-investment schemes, conveyancing and market trends across their jurisdictions in 2026.
The through-line: in every one of these markets the deal turns on getting the structure, the title check and the cross-border money flows right before you sign, and on local counsel who can read what the register and the rules actually allow a foreign buyer to do.
Chapters:
0:00 Introductions and the panel
6:56 Question 1: foreign ownership, title security and structuring
7:26 Czech Republic: EU structuring, AML and the cadastre
8:56 Malaysia: price thresholds, state consent and the Torrens system
13:38 Kenya: the agricultural-land bar and the 99-year limit
16:12 South Africa: no ownership bar, but exchange control and AML
19:15 Thailand: condominiums yes, land no, and the 30-year lease
24:19 Question 2: the due diligence that gets overlooked
24:50 Czech Republic: zoning, hidden rights and environmental risk
26:22 Malaysia: land-use conversion, access rights and developer solvency
30:00 Kenya: lease term left, and surveying the actual land
32:33 South Africa: title-deed conditions and intended use
35:06 Thailand: building control, EIA and boundary surveys
39:15 Question 3: ownership regimes and residency schemes
39:46 Czech Republic: no residency by property, strict AML
41:21 Malaysia: the Malaysia My Second Home programme and thresholds
45:23 Kenya: SPVs, stamp duty and capital gains tax
49:26 South Africa: no golden visa, structuring for tax not residency
50:30 Thailand: no minimum, no citizenship, visas and the 180-day tax rule
55:39 Question 4: conveyancing and risk allocation
56:11 Czech Republic: transfer on registration and escrow
57:42 Malaysia: the sale and purchase agreement and stakeholder funds
64:21 Kenya: professional undertakings between lawyers
65:22 South Africa: the Deeds Office and the conveyancer
68:25 Thailand: fast condominium transfers and the FET form
71:30 Question 5: market trends and future outlook
71:48 Czech Republic: a stable market, rising prices and ESG
73:32 Malaysia: data centres, REITs and tokenised ownership
76:06 Kenya: Indian and US investment, renewable energy reopening
77:37 South Africa: beneficial-ownership transparency and Western Cape demand
79:11 Thailand: the affordable second-home market
81:15 Closing thoughts
Panel:
Martina Kacerova, Czech Republic
Brent Yap Hon Yean, Malaysia
Nigel Shaw, Kenya
Phillip Sampson, South Africa
Sirichot Chaiyachot, Thailand
Hosted by Jenny, Global Law Experts.
Roundtable Participants
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Global Law Experts is dedicated to providing exceptional legal services to clients around the world. With a vast network of highly skilled and experienced lawyers, we are committed to delivering innovative and tailored solutions to meet the diverse needs of our clients in various jurisdictions.
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