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It’s the question we hear most: “Can I actually buy property in Phuket as a foreigner?”
The short answer is yes. But Thai law sets clear limits on what you can own and how you can own it. Here’s a plain-English overview from our family team so you know what to expect.
Freehold Condos and the 49% Foreign Quota
For most international buyers, a condominium is the simplest route. Under Thailand’s Condominium Act, a foreigner can hold a condo unit freehold, in their own name, with a title deed just like a Thai owner.
The key limit is the foreign quota: foreigners together may own no more than 49% of the total floor area of all units in a building. The other 51% has to be held by Thai owners. In popular Phuket projects the foreign quota can fill up. Once that happens, a unit can still be sold to a foreigner on a leasehold basis (or bought from a seller who is already a foreign owner), but a Thai-owned unit can’t be transferred to you freehold.
Tip: Before you pay a deposit, get written confirmation that foreign-quota space is available for your specific unit.
Leasehold: How 30-Year Leases Work
Leasehold is the other main path, used for villas, houses, and non-quota condo units. Under Thailand’s Civil and Commercial Code, a lease of immovable property can run for a maximum of 30 years. Leases over three years must be registered at the Land Office to be fully enforceable, so always insist on registration.
A caveat about renewals: You’ll often see marketing for “30+30+30” or “90-year” leases. Be careful. Thai law caps each term at 30 years, and Thai Supreme Court Decision No. 4655/2566 (2023, widely reported in 2025) confirmed that renewal promises agreed in advance to stretch a lease past that limit can’t be enforced. In practice, renewal after the first 30 years depends on the landowner agreeing at that time. Treat the first registered term as what you’re really buying, and value the property on that basis.
Land Ownership: What Foreigners Can’t Do
As a general rule, foreigners cannot own land in Thailand directly in their own name. The Land Code has some very narrow exceptions (for example, certain investment-promotion routes), but they don’t fit a typical home or holiday-home purchase.
You may hear about buying land through a Thai limited company. Legitimate Thai companies can own land, but a company with genuine Thai majority ownership has to be a real business with real Thai shareholders. The risk comes with nominee arrangements: Thai “shareholders” who hold shares on paper only, on behalf of a foreigner who really owns and controls the company. Nominee structures are illegal under Thai law. They can lead to criminal penalties and forced sale of the land. Thai authorities are actively cracking down: in September 2026, the Commerce Ministry’s Department of Business Development said it was screening the records of more than 125,000 land- and condo-holding companies, with the Department of Lands and other agencies, to detect nominee arrangements (The Nation).
Villas: Leasehold Land, Owned Building
The most common legitimate villa structure is:
- A registered long-term lease of the land (up to 30 years), and
- Ownership of the house itself (the building) in your own name, which Thai law treats separately from the land.
Related registered rights, such as a superficies (a right to own buildings on another’s land), are sometimes used too.
Bringing Your Funds Into Thailand
For a freehold condo, the law requires that the purchase money comes from overseas in foreign currency and is converted to Thai baht in Thailand. The Land Office will ask for proof, usually a Foreign Exchange Transaction (FET) document or a similar bank confirmation (often called a credit advice) issued by your receiving Thai bank.
Practical tips:
- Send the funds in foreign currency, not already converted to baht.
- Name the purpose in the transfer notes, e.g. “purchase of condominium unit [number] at [project].”
- Ask your Thai bank for the FET/credit advice document and keep the original. You’ll want it again if you sell and send the proceeds home.
Bank procedures differ, so check before you wire.
Typical Transfer Costs (High Level)
Transfer costs are paid at the Land Office and are usually calculated on the government’s appraised value (or, for some taxes, the higher of appraised value and sale price). For a sale, they typically include:
- Transfer fee: 2% of the appraised value (who pays is negotiable; it’s often split).
- Specific business tax of 3.3% (usually when the seller has owned the property for less than five years) or stamp duty of 0.5%, but not both.
- Withholding tax, which depends on whether the seller is an individual or a company.
Registering a lease usually costs a fee of about 1% of the total rent for the lease term, plus 0.1% stamp duty. Thailand has offered reduced transfer fees at times, but the current reductions are limited to qualifying Thai buyers and don’t apply to foreigners. Your contract should say who pays what.
What About the 99-Year Lease and 75% Quota Proposals?
You may have read headlines about foreigners getting 99-year leases or a 75% condo quota. The real status as of September 2026:
- 75% condo quota: The government said in 2024 it would study the idea. It has not been enacted, and the 49% limit is still the law.
- 99-year leases: The Department of Lands put a draft law for longer-term leasehold rights out for public consultation in 2025. In September 2025 the incoming government said it would not pursue the plan. The 30-year maximum still applies.
Please don’t buy based on promises about future reforms.
Why Independent Legal Due Diligence Matters
We always recommend hiring an independent, licensed Thai lawyer who acts only for you, not for the seller or developer, for contract and title due diligence. A good lawyer will check the title deed and any encumbrances, confirm the foreign quota, review the purchase or lease contract (including renewal clauses), verify building permits, and guide your fund transfer. You’re free to choose any lawyer you like.
For property paperwork, registrations and taxes, we recommend the services of A. Accounting & Tax Business (www.interacc.com, [email protected]; contact: Akachai Bunpitichart). Their English- and Thai-speaking team handles Land Office filings, house book (tabien baan) registration and property taxes, with offices in Kathu and Chalong. They’re an accounting and tax firm, not a law firm, so they work alongside your lawyer rather than replacing one.
Quick FAQ
Can I own a condo in my own name?
Yes, freehold, as long as the building’s 49% foreign quota has space and your funds come from abroad.
Can I own the land under a villa?
Generally no. Foreigners typically lease the land (up to 30 years) and own the building.
Is a 90-year lease guaranteed?
No. Only 30 years can be registered at a time, and renewals agreed in advance may not be enforceable.
Does buying property give me a visa?
No. Property ownership alone doesn’t give you a visa. Visa options are separate.
Ready to Explore Phuket?
Browse our current listings on happythaiproperties.com, or reach out to our team (Grape, Stacey or Patty) and we’ll be happy to help, from viewings in Phuket to closing the sale. For property paperwork and taxes, we can point you to A. Accounting & Tax Business. We’d love to help you find your place in paradise.
Disclaimer: This article is general information only and is not legal, tax, or financial advice. Thai laws and fees can change. Please consult a qualified independent Thai lawyer before making any property decision.
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