Overview: Thai land law for foreigners

Thai law prohibits foreigners from owning land in their own name. However, three well-established routes let you effectively control property: (1) condominium freehold under the Condominium Act โ€” the only genuine freehold available; (2) a 30-year registered leasehold with contractually agreed extensions; (3) ownership through a Thai limited company where you control the operations even if the shareholding cap is 49% foreign.

Condominium freehold โ€” the clean route

Under the Condominium Act, up to 49% of the total unit space in any registered condominium building may be owned freehold by foreigners. You hold a Chanote-issued unit title deed in your own name, transferable, inheritable, and sellable to another foreigner (provided the 49% quota is preserved) or to a Thai buyer. This is the most secure form of ownership available to foreigners in Thailand.

  • Quota: 49% of building's total sellable area for foreign freehold
  • Requires funds remitted from abroad in foreign currency (FET Form)
  • Fully transferable, inheritable, mortgageable
  • Best for: apartments, branded residences in condominium structure

30-year leasehold with extensions

The most common route for villas on land in Phuket. A foreign buyer signs a 30-year registered lease at the Land Office, with the seller granting two 30-year renewal options. Registered leases attach to the land title and survive resale of the underlying freehold โ€” but renewals are contractual, not automatic under Thai law, so structuring matters.

Thai limited company ownership

A Thai limited company can hold land freehold. Structure: 51% Thai shareholders + 49% foreign, but the foreign shareholder holds preferred voting shares giving majority control. The company must be a legitimate operating entity (villa rental, hospitality) with proper accounting โ€” not a shell. Setup: 4โ€“6 weeks, USD 3,500โ€“5,000.

  • Company structure: 51% Thai / 49% foreign shareholders
  • Foreign control via preferred voting shares (2:1 vote weighting)
  • Requires real business activity: villa rental, property management
  • Annual accounting + tax filing: USD 800โ€“1,500
  • Best for: multiple properties, rental businesses, long-hold investors

Thailand Elite Visa: complement to ownership

The Thailand Privilege (Elite) Visa gives foreign property owners 5, 10, 15 or 20-year renewable multiple-entry visas, from USD 25,000. It's not tied to property ownership but is the practical residence solution for foreign homeowners who want to spend 6+ months/year in Phuket without visa runs. Popular with retirees and remote workers.

Frequently asked questions

Can I buy a house on land in my own name?

You can own the building/villa in your name but not the underlying land. In practice this creates issues at resale, so most foreign buyers use leasehold or company structures instead.

Are nominee shareholders legal?

No. Article 36 of the Foreign Business Act prohibits using Thai nominees to circumvent foreign ownership limits. A properly structured company with legitimate Thai shareholders (family, business partners) is legal; a shell with dormant Thai nominees is not.

Can I get a Thai mortgage?

Thai banks generally do not lend to foreigners for residential property. Some offer mortgages against Elite Visa holders or via UOB/HSBC Singapore for condos. Developer financing is common for off-plan (30โ€“50% down, 3โ€“7 years).

What taxes apply on rental income?

Foreign owners pay 15% withholding on gross rental income if declared. A Thai company structure pays 20% corporate tax on net profit, which is often lower after deductions.

Browse Phuket condos and villas with clear ownership structures

Every Phuket property we list specifies the ownership type (freehold quota, leasehold or company) upfront.

See Phuket properties