The short answer: a foreigner can own a condominium unit outright in their own name. A foreigner cannot own land, so a house or villa is usually held on a registered lease. Everything else is a variation on those two rules.
Condos: freehold, within the 49% quota
Under the Condominium Act, foreigners together may own up to 49% of the total floor area of all units in a condo building. The quota is counted by floor area, not by number of units, and it belongs to the building, so the question is always whether the specific building has foreign quota left.
Before you pay a deposit, ask the building's juristic person (the owners' management body) for the current foreign-ownership percentage in writing. An agent's verbal assurance is not enough.
To register a unit under the foreign quota, the purchase money must come from outside Thailand in foreign currency. The Land Office will want bank evidence of this: a Foreign Exchange Transaction form for larger transfers, or a credit advice from the receiving bank. Keep these documents permanently, because you'll need them to send sale proceeds back out of Thailand later. The exact paperwork varies by bank and by Land Office, so check with both before you transfer the money.
Land: not in your own name
The Land Code does not allow foreigners to own land. There is a narrow exception for people who bring in at least 40 million baht of qualifying investment, allowing up to one rai for a home with ministerial approval, but in practice it is very rarely used.
So for a villa, the usual structure is:
- A registered lease of the land, up to 30 years, and
- ownership of the building itself, which a foreigner can hold, often supported by a registered right of superficies over the land.
Leases: 30 years, and no guaranteed renewals
The longest lease the Land Office will register is 30 years. Contracts that promise automatic renewals (the "30 + 30 + 30" structure) are risky: in Supreme Court judgment 4655/2566, reported in 2025, pre-agreed renewals beyond the first 30 years were held to be unenforceable. A renewal only happens if both sides genuinely agree to one when the lease ends. Our leasehold guide covers this in detail.
There have been proposals since 2024 to raise the condo quota to 75% and allow 99-year leases. As of October 2026 neither has become law. See What's changed for the latest.
Thai company structures: the risky route
Some villas are held through a Thai limited company in which Thai shareholders hold 51% "on paper" but the money and control come from a foreigner. That is a nominee arrangement, and it is illegal under the Foreign Business Act, with penalties of up to three years in prison and fines of 100,000 to 1,000,000 baht for both the foreigner and the nominees.
Enforcement stepped up sharply in 2026. The Department of Business Development announced inspections across 12 provinces, including Phuket, with checks on the Thai shareholders' own source of funds and on the law and accounting firms that set these companies up. If you hold property this way, talk to an independent Thai lawyer now rather than later.
If you die owning a condo
A foreign heir can inherit a condo unit, but depending on their status and the building's quota they may have to sell it within a set period. Make a Thai will that deals with the property; it makes the transfer far simpler for your family.
Quick summary
- Condo: yes, freehold, if the building has foreign quota and the money comes from abroad.
- Land: no. Lease it for up to 30 years.
- Building on leased land: yes, a foreigner can own it.
- Nominee companies: illegal, and now actively investigated.
Want someone to handle this?
If you own a villa or condo in Phuket, Pearl Property's management team takes care of the day-to-day paperwork for owners, from TM30 reports to tenant contracts and rental records for your accountant.
General information, not legal or tax advice. Figures were correct on the date shown above; rules change, so confirm with a Thai lawyer, accountant or the relevant office before you act.