Guides · Ownership
Can foreigners own property in Phuket?
Foreigners can own a condominium unit in Phuket outright, provided foreign ownership in the building stays within 49 percent of its total unit area and the purchase money comes from abroad. Foreigners generally cannot own land, so villas are usually held through a registered lease of up to 30 years, often with the house owned separately.
Read this first
General information, not legal advice.
Written by Silvain, General Director of Phuket Property Manager (Empire Estates Phuket Co., Ltd). Last updated 7 November 2026. We manage property; we do not sell it under this name, and we have no interest in which structure you choose. Our company’s separate agency arm, Empire Estates Phuket, does sell property, which is why we say so here. This is general information, not legal or tax advice. Rules change and their application depends on your property, your building and your personal situation: confirm anything that matters with a Thai lawyer or accountant before acting on it.
The options
What a foreigner can hold, structure by structure.
Condominium freehold
Under the Condominium Act, foreigners may together own up to 49 percent of the total unit area of a registered condominium. The money must be brought into Thailand in foreign currency, with the bank’s Foreign Exchange Transaction documentation, and the title is registered at the Land Office in your name.
Land
The Land Code generally reserves land ownership to Thai nationals and Thai companies. A narrow exception tied to a large investment exists on paper but is rarely used.
Leasehold
A lease of land or of a house can run for up to 30 years under the Civil and Commercial Code, and must be registered at the Land Office to be enforceable beyond three years. Registration costs a fee of 1 percent of the total rent plus stamp duty.
Owning the house, not the land
A foreigner can own a building separately from the land beneath it, typically with a registered lease or a right of superficies over the plot.
Thai company
A genuine Thai company can own land. Using Thai nominee shareholders to hold land for a foreigner is illegal under the Foreign Business Act and Land Code, and the Land Office looks for it.
Usufruct and superficies
Rights registered on a title that let someone use, or build on, land owned by another, sometimes for life. Useful in specific family situations; they need careful drafting.
Leasehold in detail
Thirty years, and what “renewable” really means.
Many villa contracts advertise “30 + 30 + 30”. Only the first 30 years are a registered right.
The registered term
The lease registered at the Land Office binds the landowner and their successors for its registered term, up to 30 years.
Renewal options
A promise to renew is a contractual undertaking. Thai courts have treated such promises cautiously, and whether they bind a new owner of the land is uncertain. Price the lease as if the 30 years were all you have.
Changes have been proposed
Longer leases and a higher condominium quota have been proposed several times, most recently in 2025. As far as we are aware, none has become law at the date of this guide.
If you will rent it out
Ownership decides what you may do with the property.
Check the lease allows subletting
A leaseholder who rents the villa to guests needs a lease that permits it. Read that clause before you sign.
The building’s rules still apply
Owning a condo freehold does not override its regulations on short stays.
Tax and TM30
Rent is taxable in Thailand, and foreign guests must be reported to immigration, whatever the ownership structure.
Straight answers
What buyers and owners ask us.
Can a foreigner buy a villa in Phuket?
What is the 49 percent foreign quota?
Is a 30-year lease safe?
Do I need to bring the money from abroad?
Can I rent out a leasehold villa?
Do you help with buying?
Sources
Where to check the rules yourself.
Condominium Act B.E. 2522, sections 19 to 19 bis (foreign ownership); Land Code, section 86 and following; Civil and Commercial Code, sections 538 and 540 (lease registration and maximum term); Foreign Business Act B.E. 2542.
SilvainGeneral Director · Phuket Property Manager
Reviewed . We update these pages when the practice on the ground changes, not on a schedule.
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