Yes, foreigners can buy property in Phuket through five legal routes, though outright land ownership is not one of them. Whether you are after a beachfront condo, a private pool villa, or a long-term rental investment, the ownership structure you choose determines what you can register, sell, and pass on later.
This guide breaks down each legal route, corrects a common misconception about 90-year and 99-year leases, and separates what is actually law in Phuket in 2026 from what is still only a government proposal. For a deeper look at where demand is concentrated on the island, see our guide on where to buy property in Phuket in 2026.
Ownership Routes for Foreigners in Phuket at a Glance
| Ownership Route | Who It Suits | Ownership Term | Complexity |
|---|---|---|---|
| Condominium (freehold) | Buyers who want full outright ownership | Permanent, within the 49% foreign quota | Low |
| Leasehold (villa, house, land) | Buyers who want a house or villa, not a condo | Up to 30 years, registered at the Land Office | Medium |
| Owning the building only | Custom-home buyers who accept the land stays leased | Building held outright; land is leased | Medium |
| Thai company structure | Larger investors and commercial buyers | Ongoing, subject to strict compliance | High |
| Thai spouse ownership | Foreigners married to a Thai national | Held in the spouse's name | Medium |
How Foreigners Can Own Property in Phuket
Foreigners use five main routes to own or control property in Phuket. Each comes with different rights, costs, and long-term security.
1. Condominiums (Freehold Ownership)
Condominiums are the most straightforward way for foreigners to own property in Phuket outright. Under the Condominium Act B.E. 2522, as amended in 1999, foreigners may own up to 49% of the total floor area of any condominium project. This is full freehold ownership, registered on a Chanote title deed in the buyer's own name.
To qualify, the purchase funds must be transferred into Thailand in foreign currency and converted to baht through a Thai bank, a step covered in detail below. Once registered, a condo carries the same rights as Thai freehold ownership: the owner can sell, rent, mortgage, or pass the unit to heirs without restriction.
- Full legal ownership registered in the buyer's own name, within the foreign quota
- A Chanote title deed that can be used as collateral for a Thai bank loan
- Prices that remain lower per square metre than Hong Kong, Singapore, or Tokyo
- Lower maintenance burden than a standalone house or villa
- Strong rental demand from tourists and long-term expat tenants
What the Condo-Buying Process Actually Looks Like
- Sign the sale and purchase agreement and pay the reservation deposit.
- Transfer the full purchase price into Thailand in foreign currency, by wire from an overseas account, stating the purpose as "purchase of condominium."
- Collect the Foreign Exchange Transaction (FET) form from the receiving Thai bank; transfers of $50,000 or more automatically generate one.
- Present the FET form and the signed sale agreement at the local Land Office.
- Complete registration and pay the transfer fee, stamp duty, and any applicable specific business tax before the title is issued in the buyer's name.
2. Leasehold Properties (Villas, Houses, and Land)
For a villa, house, or land, leasehold is the standard alternative to condo ownership. Under Section 540 of the Thai Civil and Commercial Code, a registered lease on immovable property is capped at 30 years, and the agreement must be registered with the Land Department to be enforceable.
Many villas in Phuket are marketed with a promise of two further 30-year renewals, often described as a "30+30+30" or "90-year" lease. Treat that marketing language with caution. A Supreme Court ruling issued in March 2025, in a case that originated in Phuket, found that pre-agreed renewal clauses are not enforceable. Only the first registered 30-year term is a secured legal right. Any renewal has to be freely renegotiated when the original term ends, with no guarantee the landowner will agree.
- Access to villas, houses, and land that are not available as condo freehold
- Full control over maintenance and modifications during the lease term
- A registered lease that can be sold or transferred within its remaining term
- No exposure to the foreign condo quota
3. Owning Buildings (Without Land)
Foreigners can legally own the physical structure on a property, such as a villa, while leasing the land it sits on. This is common for custom-built homes: the buyer registers ownership of the building separately from a 30-year registered lease on the land beneath it, keeping full control over the design and construction of the home itself.
4. Using a Thai Company
Foreigners who set up or invest in a Thai limited company can have that company hold land, since the restriction applies to individual foreign ownership rather than to a properly structured Thai entity. Thai nationals must hold at least 51% of the shares, and the arrangement must reflect genuine business operations rather than a nominee structure used purely to sidestep the land ownership rules. Thai authorities have stepped up enforcement against nominee companies in recent years, so this route needs a specialist lawyer, not a shortcut.
5. Thai Spouse Ownership
A foreigner married to a Thai national can have land registered in the Thai spouse's name. Thai law requires the foreign spouse to sign a declaration confirming they have no legal claim to the property, which protects the Thai spouse's ownership but leaves the foreign spouse without a direct legal right to the land itself.
Legal Considerations When Buying Property in Phuket
Land Ownership Stays Off-Limits
Thai law does not allow foreigners to hold land directly, and attempts to work around this through informal arrangements can result in forced sale or confiscation.
A Specialist Lawyer Is Worth the Fee
A Thai property lawyer independent of the developer should verify the title deed, confirm the remaining foreign quota, and review every clause in a lease or sale agreement before you sign.
Budget for Transfer Costs
Expect a mix of transfer fee, stamp duty, withholding tax, and specific business tax, with the exact split depending on the ownership structure and how long the seller has held the property. A lawyer or the transacting bank can confirm the current breakdown for your specific purchase.
Practical Tips for Buying Property in Phuket
- Choose a condominium if outright ownership matters more to you than property type.
- Treat leasehold as a flexible, medium-term option rather than a permanent substitute for ownership.
- Work only with agents who have a verifiable track record in Phuket.
- Register every lease or ownership agreement with the Land Department, without exception.
- Compare neighbourhoods carefully. Beachfront areas like Bang Tao and Kamala carry different price and rental profiles than inland areas like Chalong.
- Commission an independent structural and utilities inspection before signing anything.
Why Invest in Phuket Real Estate?
Phuket continues to draw foreign buyers on the strength of consistent tourist arrivals, direct international flight connections, and a rental market that serves both short-term holidaymakers and long-term expat tenants. For a closer look at where that demand is strongest right now, see our roundup of the best investment properties in Phuket.
Proposed Reforms to Watch: 99-Year Leases and a Higher Condo Quota
You may come across claims that Thailand has already raised the foreign condo quota to 75% and extended leaseholds to 99 years. As of 2026, that is not accurate. The 49% condo quota and the 30-year registered leasehold remain the current legal standard for foreign buyers anywhere in Thailand, including Phuket.
In April 2024, the Thai Cabinet approved a proposal to study raising the foreign condominium quota to 75% and extending leaseholds to 99 years, and Deputy Prime Minister Phumtham Wechayachai confirmed the review was continuing. It was approved for further study, not for implementation. As of 2026, no amendment bill has passed Parliament, and both proposals continue to face pushback on sovereignty and affordability grounds. Read more in our coverage of the government's proposal to raise the foreign ownership cap.
The March 2025 Supreme Court ruling covered above adds a further reason for caution: even a lease marketed as 90 or 99 years is only secure for its first registered 30-year term. Until any reform actually clears Parliament and appears in the Royal Gazette, buyers should plan around the current rules, not the proposed ones.
Buying Property in Phuket as a Foreigner
Owning property in Phuket as a foreigner is genuinely achievable once you understand which of the five routes fits your goals and budget for the current rules rather than the proposed ones. Ready to start looking? Browse properties for sale in Phuket, or read our Chalong area guide to see one of the island's most popular expat neighbourhoods up close.
