Can Foreigners Buy Property in Phuket? Villas, Condos, Land & Nominee Risks

Foreigners can legally buy property in Phuket, but the legal position changes sharply depending on whether you are buying a condominium, a villa building, land, a lease right or shares in a Thai company. That distinction matters more than ever: Thailand has intensified scrutiny of foreign-linked landholding companies and nominee shareholders, including in Phuket, and a structure is not lawful simply because it uses a 49% foreign / 51% Thai share split.

A qualifying foreign buyer can own a condominium unit freehold within the statutory foreign quota. Foreigners generally cannot own ordinary Thai land directly in their own name. A villa is more complicated because the building and the land under it can be legally separate assets. If you are buying to live in Phuket, the key questions are what right you will actually hold, for how long, and what happens on resale or inheritance. If you are buying for rental income, you also need to check condominium rules, Hotel Act requirements, tax, management and whether the intended rental activity is legally permitted.

• What foreigners can own
• Thai companies and nominee risk
• Buying a villa or house
• Buying a condo or apartment
• Airbnb, monthly rentals and subletting
• Off-plan, company deals and due diligence

What Can a Foreigner Actually Buy in Phuket?

Freehold vs leasehold: the two terms you need to understand

Freehold means ownership. For a qualifying foreign-owned condominium, the foreign buyer owns the condominium unit and a statutory share in the condominium’s common property.

Leasehold means a right to use property for a defined period under a lease. It is not ownership of the land. This distinction is particularly important with villas because sales material may describe a property as a “freehold villa” even when the foreign buyer does not own the land under the building.

When looking at a villa, ask a more precise question than “Is it freehold or leasehold?” Ask: What exactly is freehold, what exactly is leasehold, who owns the land, and what document proves my ownership of the building?

Condo and apartment do not always mean the same thing

In everyday property listings, “condo” and “apartment” are often used loosely. Legally, a condominium is a specific ownership regime under the Condominium Act. If foreign freehold is being promised, verify that the unit has an individual condominium title capable of transfer. An apartment offered for sale is not automatically a condominium unit.

The Thai Company and Nominee Crackdown: Why the Old Villa Shortcut Is Risky

For years, some foreign buyers were told that the standard way to hold villa land was to create a Thai company with 51% Thai shareholding and 49% foreign shareholding. The problem is that 51/49 is not a legal safe harbour.

Thai authorities now look beyond the headline percentage. They can examine where the Thai shareholders obtained their money, whether they are genuine investors, who actually funds the company, who receives the economic benefit, whether the same Thai names appear across many foreign-linked companies, and how the shareholder structure changed over time.

There are also different legal tests that should not be mixed together. The Foreign Business Act and the Land Code do not use one universal definition of a “Thai company”. A company may satisfy one formal percentage test and still face a landholding problem under another test or because the Thai shareholders are nominees in substance.

The 2025–2026 enforcement drive has made this more than a theoretical issue. The Department of Lands has ordered deeper source-of-funds checks, existing company structures are being reviewed, and new 2026 registration controls require more evidence when foreign-linked companies change shareholders or directors. In Phuket, official Department of Lands screening has covered thousands of landholding juristic persons, while separate investigations have targeted suspected nominee structures. Those screening figures should not be read as proof that every reviewed company is illegal.

Another important lesson from recent enforcement is that using a lawyer, accountant or company-registration service does not validate the arrangement. Thai authorities have also investigated and prosecuted facilitators in nominee networks. A company can be registered, file accounts and complete a Land Office transaction and still have an unlawful underlying ownership structure.

What happens if the landholding structure is found unlawful?

The outcome depends on the legal problem. Investigation measures, seizure or freezing of assets, compulsory disposal of unlawfully held land, criminal proceedings and cancellation of an unlawfully issued title are different legal processes and should not be described as one generic “confiscation”.

For unlawful foreign landholding under the Land Code, the disposal period can generally be set between 180 days and one year. If the land is not disposed of within the required period, compulsory disposal can follow. The fate of a separately owned villa building is more complicated and depends on the registered building rights, title evidence, encumbrances and facts of the case.

Can Foreigners Buy a Villa or House in Phuket?

For a foreign villa buyer, the key question is not whether the brochure says “villa freehold”. It is whether you legally own the building, what legal right you hold over the land, how long that right lasts and what happens when you sell, die or reach the end of the term.

The land and the villa are legally separate questions

Thai law can recognise ownership of a building separately from ownership of the underlying land. This is why a foreigner may be able to own a house or villa structure while another person or entity owns the land.

A registered superficies can be particularly important because it allows a person other than the landowner to own buildings or structures on the land. But do not assume that every “building freehold + land leasehold” package automatically gives you this protection. Your lawyer should verify exactly how the building ownership is evidenced and what rights are registered on the land title.

This distinction also matters in a nominee-company enforcement case. If a Thai company owns the land but the foreigner separately owns the house, an order requiring the company to dispose of the land does not by itself answer what happens to the building. The outcome depends on the building-ownership evidence, registered rights such as superficies or lease rights, encumbrances and the terms binding the parties. A buyer should not assume either that the house is automatically lost or that it is automatically protected.

The registered 30-year land lease: what it really gives you

For an ordinary immovable-property lease, the maximum term is generally 30 years per term. A lease for more than three years must be in writing and registered at the competent Land Office to be enforceable for the longer agreed period. Signing a contract with a lawyer or having signatures witnessed is not a substitute for Land Office registration.

A properly registered lease gives the tenant meaningful legal rights during the registered term. It is not the same as merely relying on a private promise. If a retirement plan depends on being able to stay in the villa for decades, the registered right is what matters.

Can a 30-year lease become 60 or 90 years?

This is one of the most commonly misunderstood parts of Phuket property sales.

A contract may contain wording about a future renewal, but a future renewal is not the same thing as owning a currently registered 60- or 90-year right. The Department of Lands and a Supreme Court case involving Phuket property have specifically addressed arrangements marketed as 30+30+30. In that case, the additional periods were treated as an attempt to circumvent the statutory 30-year limit on the facts before the court.

That does not mean every renewal clause is automatically void. It does mean that you should separate three very different things:

• 30 years actually registered now;
• a possible new lease or renewal in the future;
• a marketing claim that you already have a guaranteed 60 or 90 years.

If you are 50 or 60 and are buying a villa because you expect to live there for the rest of your life and leave the remaining rights to your children, this distinction is critical.

Did Thailand change the law to allow 99-year leases?

No current enacted rule gives an ordinary foreign villa buyer a 99-year land lease. A 99-year lease and an increase of the foreign condominium quota to 75% were publicly proposed in 2024, but the proposal did not replace the current framework. The ordinary lease ceiling remains 30 years per term and the condominium foreign quota remains 49% of aggregate unit area.

Can the landowner sell the land and evict you?

A sale of leased immovable property does not by itself extinguish a valid lease. Under the Civil and Commercial Code, the new owner generally succeeds to the former owner’s rights and obligations within the lease relationship. This is another reason a long lease should be properly registered.

However, do not assume every side agreement travels automatically with the land. A purchase option, a separate promise to renew for another 30 years or other private obligations may require different analysis. A registered lease also does not protect you from termination if you breach a valid termination condition.

Can you sell a leasehold villa before the 30 years end?

Possibly, but check the lease carefully. Assignment and subletting rights depend on the agreement and applicable law. A resale does not automatically reset the lease clock to a fresh 30 years.

If a villa has 17 years left on the registered lease, the buyer should not assume that buying the villa automatically creates a new 30-year term. A fresh lease may be negotiated with the landowner, but that is a new legal act requiring the owner’s participation and the appropriate registration. This can materially affect resale value.

Can your children inherit the remaining lease?

Do not assume an ordinary Thai land lease automatically passes to your children. Lease succession is more complicated than freehold inheritance and can depend on the contract, the nature of the right and relevant case law. A 2026 Department of Lands question from Phuket illustrates that registration of a remaining lease term to an heir can become disputed even where a contract contains transfer language.

If inheritance is central to your plan, discuss succession before signing. Depending on the objective, your lawyer may compare a registered lease with superficies, Sap-Ing-Sith or another lawful registered right rather than assuming that an ordinary lease will behave like inheritable freehold property.

Villa due diligence before paying a deposit

For the land, verify the exact title type, registered owner, boundaries, mortgages, seizures, easements, legal road access and any state, forest, planning or environmental issue that may affect the plot. A Chanote is generally the strongest and most familiar ownership title for a villa transaction, but other land documents are not automatically invalid; they carry different rights and survey characteristics.

For the building, verify the building permit, approved plans against what was actually constructed, evidence of building ownership, zoning and environmental approvals where applicable, utilities and common-area obligations.

For the contract, check the exact registered right, renewal language, assignment, subletting, succession, default, land sale and dispute provisions. Also ask what happens to the building when the lease or other land right ends. Building ownership during the term does not by itself answer what rights remain after the underlying land right expires.

Use an independent Thai property lawyer acting for you, not only the seller’s, developer’s or agent’s lawyer. If you are considering Rawai as a long-term base, our guide to living in Rawai covers the practical side of day-to-day life separately from the legal ownership question.

If you are buying the villa as a rental investment

Do not calculate returns before confirming that the intended rental model is legal. Check who will operate the rentals, the management agreement, licensing, maintenance costs, pool and garden expenses, seasonality, vacancy and the remaining lease term at resale.

If a developer advertises a “guaranteed 7% return”, ask who legally guarantees it, for how long, whether it is gross or net of charges, what conditions allow the guarantor to stop paying and whether the guarantor has the financial capacity to honour the promise.

Buying a Condo or Apartment in Phuket as a Foreigner

When can a foreigner own a condo freehold?

A qualifying foreign buyer can own a condominium unit directly in their own name. Under the Department of Lands rules for foreign condominium ownership, foreign ownership may not exceed 49% of the aggregate area of all units in the condominium. It is not simply 49% of the number of apartments.

The condominium juristic person — the building’s legal management body — provides documents used in the transfer process, including foreign-quota confirmation and debt-free certification. The buyer must also satisfy the statutory foreign ownership and funds-evidence requirements applicable to the transaction.

Foreign freehold is fundamentally different from a villa held through a Thai company. In a properly registered condominium, the land on which the building stands is part of the condominium’s common property. Unit owners own their private units together with their statutory co-ownership share in the common property.

What if the land under the condominium was originally acquired illegally?

This is not the same scenario as a villa where a company still owns the plot beneath a separately owned house. Once a condominium is properly registered, the original developer does not simply remain the separate owner of the land with the power to sell it from under the unit owners.

But title history can still matter. If the original land acquisition, title or condominium registration itself was unlawful, the consequences can involve Land Office correction or revocation procedures and potentially court proceedings. It would be inaccurate to say that every existing condo owner automatically loses the unit, but it would also be unsafe to say that an earlier title defect can never affect later rights.

For an established resale project with unusual ownership history or a developer linked to an official dispute, ask your lawyer to check the condominium registration, underlying land title history, building permits and any Land Office, court or administrative proceeding affecting the project.

How the condo purchase procedure normally works

1. Perform independent legal due diligence before making a material non-refundable payment.
2. Verify the seller and the individual condominium title.
3. Confirm that foreign quota is available for the transfer.
4. Obtain the condominium juristic-person documents required for transfer, including debt and quota certification.
5. Arrange the source-of-funds and foreign-currency evidence required for your ownership route.
6. Check mortgages and other registered encumbrances.
7. Complete the transfer and registration at the Land Office.
8. Keep the title and banking evidence safely after transfer.

Thai law does not require a lawyer for every straightforward condominium transfer, but independent legal review is sensible when a foreign buyer is committing a substantial amount of money, buying off-plan or relying on a rental scheme.

Can your foreign children inherit and keep your condo?

A freehold condominium can form part of your estate, but a foreign heir’s right to retain it is still subject to the Condominium Act. Section 19 septem provides a disposal process for a foreign heir who does not fall within the qualifying foreign-ownership categories: notification must be made within 60 days and disposal can be required within one year.

That does not mean every foreign heir must sell. Whether your child qualifies to keep the condominium depends on their legal status and the applicable foreign ownership rules. If inheritance is part of the reason you are buying, include Thai succession advice in your planning.

Condo due diligence goes beyond the unit title

Read the condominium’s financial and governance documents, not only the sales contract. Check common-area maintenance (CAM) fees, the sinking fund, unpaid debts, major planned repairs, building insurance, maintenance quality, parking and use restrictions.

For older buildings, condition and management can matter more than a glossy lobby. For new projects, compare the finished specifications, common areas and management promises against the legal documents and actual building.

If you want to buy the condo for rental income

Read the condominium bylaws before you pay a deposit. Condominium law requires registered bylaws to govern the use and management of private and common property. Freehold ownership does not mean you can use the unit in any way you choose.

Some condominium rules restrict daily or weekly rentals, guest access, occupancy, access cards or commercial-style use. Thai Supreme Court Decision 4215/2564 considered condominium bylaws that allowed residential use by owners, family and monthly tenants while prohibiting daily accommodation use.

Do not assume that a building allowing monthly rentals also allows Airbnb-style nightly stays. Equally, do not assume that every condominium can automatically prohibit every annual lease without legal scrutiny. Check the actual registered bylaws, later valid amendments and current house rules.

Can You Rent Out a Phuket Condo or Villa? Airbnb, Monthly Rentals, Tax and Subletting

What Thailand’s “30-day Airbnb rule” actually means

The common phrase “rentals under 30 days are illegal” is a useful shortcut, but it is not the exact wording of the Hotel Act. The statutory distinction focuses on accommodation established for residential use and charged monthly or longer only, which falls outside the Hotel Act definition of a hotel.

Nightly, weekly or other temporary paid accommodation generally requires a separate Hotel Act analysis unless the property operates within a valid hotel framework or qualifies under another statutory exclusion. Whether the booking arrives through Airbnb, Booking.com, an agent or a direct message does not change the legal classification.

Does the 8-room / 30-guest rule make Airbnb automatically legal?

No. A 2023 ministerial regulation created a route for certain small accommodation establishments with no more than eight rooms and 30 guests in total, but the exclusion is not automatic. The operator must notify the registrar, the property must be inspected and an acknowledgement must be issued. That acknowledgement is valid for five years.

Building-use rules and other permissions still matter. Phuket authorities have recently inspected residential and condominium buildings that were allegedly being operated as hotels without the appropriate construction-use and hotel-business permissions. Owning the property and being allowed to operate hotel-style accommodation are separate legal questions.

Can a foreign owner rent a condo monthly as an individual?

Thai tax law expressly recognises rental income received by an individual. A Thai company is therefore not a tax-law requirement merely because a foreign owner receives rent from personally owned property.

However, the position can change when passive ownership becomes an actively operated rental business. Under the Foreign Business Act, a non-Thai natural person is a “foreigner”, and official investment guidance treats leasing assets as a service activity when carried on as a foreign business. There is no blanket rule that every foreign owner of a single monthly-rented condo needs a Foreign Business License, but ownership alone does not authorise a foreigner to operate multiple units, guest services or a hospitality business.

If your plan depends on personally managing rentals in Thailand, have a lawyer and accountant check the Foreign Business Act, work-authorisation, tax and operating requirements before buying.

What if you rent a villa or condo and then sublet it?

This is different from an owner renting out their own property. Subletting is when a tenant leases the rented property onward to another person.

Under the Civil and Commercial Code, a tenant generally cannot sublet or transfer the lease to a third party unless the lease agreement allows it. If your plan is to rent a Phuket villa or condo long-term and then re-rent it to tourists, first check the lease and obtain any required landlord permission.

Landlord permission is only one layer. In a condominium, the condominium bylaws can still restrict the intended use. And if the onward rental is nightly or weekly, Hotel Act, tax and business rules remain relevant.

Thai tax on rental income

Rental income from property situated in Thailand is Thai-source income. The Revenue Code classifies property rent as assessable income, and current Revenue Department forms include annual and half-year personal income tax returns covering relevant rental income.

Ordinary rental of immovable property is generally VAT-exempt, but do not automatically apply ordinary residential-rent treatment to a hotel or accommodation service. Deductions, withholding tax, residency, treaty treatment and filing obligations depend on the taxpayer’s facts, so use a Thai accountant for your own numbers.

TM30 when your tenant or guest is foreign

Thailand’s immigration rules require the house owner, head of household, landlord or hotel manager accommodating a foreign national to make the required accommodation notification within 24 hours. The official TM30 system covers rental houses and apartments as well as hotels.

This can apply even to an ordinary monthly residential rental, so include the immigration-notification process in your management arrangements.

Rental-investment checklist before you buy

• Is your model monthly residential rental or temporary/nightly accommodation?
• If short-term, what exact hotel licence or small-accommodation acknowledgement covers the property and operator?
• Is the building legally approved for the proposed use?
• Do the condominium bylaws or development rules permit it?
• Who is the legal landlord or operator?
• Who performs guest management and other work in Thailand?
• What tax and TM30 process applies?
• What are the real management, CAM, sinking-fund, maintenance, utility and vacancy costs?
• If returns are guaranteed, who guarantees them and what happens if they stop paying?

Buying Off-Plan Property in Phuket

Off-plan buying adds developer and completion risk to the ownership issues above. Before paying a substantial reservation fee or instalment, verify the exact developer entity, registered capital, landowner, land title, mortgages, building permit, applicable land-allocation permission, environmental approvals where required, approved plans and construction timetable.

For projects that require an Environmental Impact Assessment (EIA) or Initial Environmental Examination (IEE), Thailand’s official Smart EIA system can help verify project-level environmental records. Do not assume every project needs the same environmental approval; it depends on the project type, size and location.

The contract should state construction milestones, completion and transfer deadlines, extension provisions, termination and refund remedies, and the consequences if permits or transfer cannot be completed. Escrow protection should only be described as protection if a real escrow arrangement exists; it is not a universal feature of Thai off-plan sales.

For an off-plan condo, check how the foreign quota will be handled at transfer. For an off-plan villa, identify now what you will eventually receive: building ownership, a registered lease, superficies or another right. A future promise to “set everything up later” is not adequate due diligence.

Buying an Existing Thai Company That Owns a Villa

Buying the shares of an existing company is not the same as receiving a clean new land title. The company stays the registered landowner; you acquire the company and its history.

That history can include old shareholder funding, nominee exposure, tax liabilities, accounting problems, debt, mortgages, shareholder loans, litigation, employees, contracts and licensing issues. A share purchase does not cleanse an unlawful historical landholding structure.

Due diligence should include the company’s statutory shareholder register, Department of Business Development (DBD) filings, historical shareholder and director changes, share certificates, financial statements, tax filings, debt, mortgages, land title, building permits and evidence showing how Thai shareholders funded their investment. Current DBD practice also makes it important not to treat a filed shareholder-list copy as conclusive proof of who currently owns the shares.

Property Transfer vs Company Share Transfer: Fees, Tax and Risk

The standard Land Office transfer-registration fee framework is generally 2% of appraised value unless a specific reduction applies. The temporary 0.01% home-transfer measure currently runs through 30 June 2027 and is restricted to qualifying transactions with Thai natural-person buyers; it should not be assumed to apply to a foreign buyer.

In a pure share deal, the land remains in the company’s name rather than being transferred to the buyer personally, but that does not make the transaction “tax-free” or automatically cheaper. It can also carry much greater historical-company risk. Get transaction-specific tax and legal advice before choosing one structure over another.

Other Legal Ways to Hold Phuket Property: Superficies, Usufruct & Sap-Ing-Sith

Superficies

A superficies is a registered right that can allow someone other than the landowner to own buildings or structures on the land. It can be highly relevant when a foreigner wants legal ownership of a villa building while the land remains owned by someone else.

Usufruct

A usufruct gives possession, use and enjoyment rights while ownership remains with the landowner. It is not ownership. A usufruct may be granted for a period or for the usufructuary’s lifetime; a lifetime usufruct ends on that person’s death.

Sap-Ing-Sith

Sap-Ing-Sith is a separate statutory registered right created in 2019. It can last up to 30 years and has transfer, inheritance and mortgage characteristics that differ from an ordinary lease or usufruct. It is not automatically the best choice for every foreign villa buyer, but it can be worth discussing where transfer or succession is important.

Buying land through a Thai spouse

A Thai spouse may own land in their own legal capacity. That does not make the foreign spouse the landowner. The Land Office applies source-of-funds and separate-property procedures, and current nominee enforcement increases scrutiny where an arrangement suggests that the Thai spouse is holding land for the foreign spouse.

Land Code Section 96 bis

There is a narrow statutory route allowing a foreigner to acquire up to one rai of residential land with Ministry of Interior permission and a qualifying investment of at least THB 40 million. Current Thai government guidance states that the qualifying investment must be maintained for at least five years. Older BOI material still says three years, so buyers considering this unusual route should verify the implementing requirement directly before acting.

This is not a normal mass-market way to buy a Phuket villa and should not be treated as one.

Inheritance and BOI exceptions

Foreign statutory heirs can in some circumstances acquire land subject to Land Code permission and limits. BOI-promoted businesses can also receive land privileges for approved promoted activities. Neither is a general personal holiday-home route.

Bottom Line: Choose the Legal Right Before You Choose the Property

For a foreign buyer, a Phuket property can represent very different things: a true condominium title, ownership of a building without the land, a registered 30-year land lease, a separate real right, or shares in a company that owns the property.

A sound purchasing decision starts by identifying exactly which of those rights you are buying. Common practice is not legal validation. A 49/51 company is not automatically legal. A 30+30+30 promise is not the same as a registered 90-year right. And legal ownership of a condo or villa does not automatically make short-term rental activity legal.

Before making a material non-refundable payment, have an independent Thai property lawyer verify the title, company history, building approvals, registered rights, condominium rules and intended rental model.

Frequently Asked Questions

Can foreigners buy a villa in Phuket?

A foreigner can potentially own the villa building, but generally cannot directly own the underlying land in the ordinary way. A lawful villa structure therefore requires careful separation of building ownership from the registered right over the land.

Can foreigners buy a condo or apartment in Phuket?

Yes, a qualifying foreigner can directly own a condominium unit within the foreign quota. If a listing says “apartment”, verify that it is actually a registered condominium unit with an individual title if foreign freehold is promised.

Can foreigners own land in Phuket?

Generally not in a foreign individual’s personal name. Narrow individual exceptions include Section 96 bis and certain inheritance cases; BOI land privileges apply to approved promoted businesses, not ordinary personal purchases.

Is a Thai company with 51% Thai shareholders legal for a villa?

The percentage alone does not decide legality. Thai shareholders must be genuine, the company must lawfully qualify to own land and the structure must comply with both land and business law.

What is a nominee shareholder?

In this context, a nominee is a person whose name is used to provide apparent Thai ownership while the real funding, benefit or control belongs to the foreigner in a way that circumvents the law.

Is a 30-year Phuket lease safe?

A properly drafted and registered lease gives meaningful rights during its registered term, but it is still a lease rather than land ownership. The title, lease terms, building ownership and landowner should all be checked before purchase.

Is 30+30+30 legally guaranteed?

No. A future renewal promise is not the same as a currently registered 60- or 90-year property right. Phuket case law has specifically shown the risk of treating a 30+30+30 package as guaranteed from day one.

Does a leasehold villa get a new 30-year lease when it is resold?

Not automatically. The existing remaining term, assignment rights and landowner participation must be checked. A genuinely new 30-year lease is a separate legal arrangement.

Can my children inherit my leasehold villa rights?

Do not assume an ordinary land lease automatically passes to heirs. Succession depends on the right and contract, so structure and verify inheritance before purchase if this is important to your family plan.

Can my foreign children inherit and keep my freehold condo?

A condo can pass through an estate, but the heir must still satisfy the foreign ownership rules. A foreign heir who does not qualify can face notification and disposal requirements under the Condominium Act.

Can I put my Phuket condo on Airbnb?

Ownership alone is not enough. Nightly or weekly accommodation can trigger Hotel Act requirements, and condominium bylaws may also prohibit or restrict short stays. Monthly-or-longer residential rental is a different legal category but still requires tax, condominium-rule and other compliance checks.

Can I rent a condo and then sublet it?

Only if the lease allows it or the required permission is obtained. Condo bylaws and Hotel Act requirements can impose additional restrictions even when the landlord agrees.

Did Thailand extend foreign leases to 99 years or raise the condo quota to 75%?

Those figures came from a 2024 policy proposal. They are not the current enacted framework used for this guide. The ordinary lease ceiling remains 30 years per term, and the condominium foreign quota remains 49% of aggregate unit area unless a future enacted amendment changes the law.