Better-than-Freehold™ (BtF) Structure for Property Developers
The Better-than-Freehold™ structure is a groundbreaking platform designed to provide property developers with a legally compliant, scalable, and innovative solution for foreign investment in Thai real estate. By leveraging registered contracts and regulated trust structures, BtF ensures compliance with Thai law while offering developers a secure and transparent framework to attract foreign capital.
Key Benefits for Developers
Access to Foreign Capital
BtF enables developers to attract significant foreign investment without breaching Thai land ownership laws. This is achieved through a combination of registered leases, options, and trust structures, ensuring compliance with the Thai Land Code and Foreign Business Act (FBA).
Enhanced Marketability
By offering a secure and legally compliant ownership structure, developers can market their projects more effectively to foreign buyers, who are often deterred by the risks associated with nominee structures or unclear legal frameworks.
Scalable and Auditable Platform
The BtF model is designed to support large-scale developments by providing a transparent, auditable investment platform. This ensures that all transactions are legally enforceable and compliant with Thai and international regulations.
Future-Proof Compliance
BtF undergoes regular legal reviews and audits to ensure it remains compliant with evolving Thai and international regulations, including the Anti-Money Laundering Act (AMLA) 2025. This protects developers from potential legal and financial risks.
How BtF Works for Developers
1. Property Acquisition by Thailand Investor Network (TIN)
Land held by a TIN SPV. The Thai-owned entity acquires and holds title, ensuring compliance with Thai ownership laws while providing a secure foundation for the BtF structure.
2. Registered Lease and Option Rights
30-year lease (registered) is granted to SPH with a separately priced rolling option to sell or re-lease. This provides financeable rights without breaching Thai land ownership restrictions.
3. Independent Enforcement
Contracts are enforced by Clear Blue Security Agents ("CBSA") with step-in rights, ensuring transparency and streamlined remedies.
4. Trust Platform and Institutional Funding
The BtF structure incorporates a regulated trust platform, Siam Property Holdings (SPH) and offshore regulated credit fund financing buyers and developments.
Why Developers Should Choose BtF
✅ Legal Compliance
BtF aligns fully with Thai laws, including the Land Code, FBA, Revenue Code, and AMLA 2025. This eliminates the risks associated with nominee structures and ensures your projects are legally sound.
Risk Mitigation
By adopting BtF, developers can avoid the legal and financial risks associated with non-compliant structures, such as asset seizure, tax penalties, or project delays.
📈 Increased Buyer Confidence
Foreign buyers are more likely to invest in projects that offer secure, enforceable rights. BtF provides this assurance, making your developments more attractive to international investors.
Support for Large-Scale Projects
The BtF platform is designed to handle complex, large-scale developments, providing developers with the tools and support needed to succeed in a competitive market.
BtF Success Metrics for Developers
Global Reach
Access to international investors previously deterred by legal uncertainties
Increased Sales
Higher conversion rates due to secure and compliant ownership structures
Faster Transactions
Streamlined processes with pre-approved legal frameworks
Scalability
Platform designed to support projects of any size and complexity
Implementation Process for Developers
Getting started with BtF is straightforward and designed to integrate seamlessly with your existing development processes.
Initial Consultation
Meet with our team to share your specific project requirements and understand how BtF can be tailored to your development goals.
Structure Setup
We establish the BtF framework for your project, including all necessary legal documentation and compliance measures.
Launch & Support
Begin marketing to international investors with full BtF support and ongoing compliance monitoring.
Frequently Asked Questions
Get answers to the most common questions about BtF for property developers
1. How does the BtF structure help developers attract foreign investment?
The BtF structure enables developers to attract significant foreign capital by offering a legally compliant framework that adheres to Thai land ownership laws. This is achieved through:
- • Registered Leases and Rolling Options: These provide secure, financeable rights without breaching Thai land ownership restrictions
- • Trust Structures: Regulated trust platforms ensure transparency and compliance with the Thai Land Code and Foreign Business Act (FBA)
- • Enhanced Marketability: Foreign buyers are more likely to invest in projects with secure and enforceable ownership rights
2. What makes the BtF platform scalable and suitable for large-scale developments?
The BtF platform is designed to support complex, large-scale projects by providing:
- • Transparent and Auditable Frameworks: All transactions are legally enforceable and compliant with Thai and international regulations
- • Institutional Funding Support: The inclusion of offshore regulated credit funds facilitates financing for both buyers and developments
- • Customisable Solutions: The BtF structure can be tailored to meet the specific needs of any development project, regardless of size or complexity
3. How does BtF ensure compliance with Thai and international laws?
BtF aligns fully with Thai laws, including the Land Code, FBA, Revenue Code, and AMLA 2025. Compliance is maintained through:
- • Regular Legal Reviews and Audits: Ensuring the structure remains up-to-date with evolving regulations
- • Registered Contracts: Leases, options, and other agreements are publicly registered, providing enforceable rights
- • Independent Enforcement: Clear Blue Security Agents (CBSA) oversee contract enforcement, ensuring transparency and legal integrity
4. Why should developers choose BtF over traditional nominee structures?
The BtF structure offers a secure, compliant alternative to risky nominee arrangements, providing developers with:
- • Legal Security: Full compliance with Thai laws eliminates risks such as asset seizure, tax penalties, or project delays
- • Increased Buyer Confidence: Foreign investors are more likely to invest in projects with enforceable and transparent ownership rights
- • Risk Mitigation: BtF protects developers from the legal and financial pitfalls associated with non-compliant structures
- • Future-Proof Solutions: Regular audits and updates ensure ongoing compliance with Thai and international regulations, safeguarding long-term project success
Are you ready to revolutionise your property development projects with a legally compliant and scalable solution?
The Better-than-Freehold™ (BtF) structure is the key to unlocking foreign investment and ensuring the success of your developments.