By Phuket News Property Editorial Team · February 2, 2026
One of the most common questions asked by people considering a move to Phuket is whether foreigners can legally own property in Thailand. The short answer is yes, but only within clearly defined legal frameworks that are often misunderstood or oversimplified.
Understanding what the law actually allows, and what it does not, is essential for anyone considering a long-term commitment to living or owning property in Phuket.
Freehold condominium ownership
Foreigners are legally permitted to own condominium units on a freehold basis under Thailand’s Condominium Act. This is the most straightforward and widely recognised form of property ownership available to non-Thai nationals.
Foreign ownership is capped at 49 percent of the total saleable area of a registered condominium building. As long as this quota is available and funds are remitted into Thailand correctly from overseas, a foreigner can register full ownership of a condominium unit in their own name.
This form of ownership provides long-term security and is commonly preferred by buyers seeking clarity and legal certainty.
Land ownership restrictions
Foreigners are not permitted to own land in Thailand in their own name. This restriction applies nationwide and includes Phuket.
Because of this limitation, alternative structures are often discussed, some of which are legal when used correctly and others which carry significant risk if misused or poorly understood.
Leasehold ownership explained
One legal alternative available to foreigners is leasehold ownership. A lease can be registered for an initial term of up to 30 years and provides legal possession rights for that period.
Leasehold structures are commonly used for villas and landed homes in Phuket. While leasehold does not confer land ownership, a properly drafted and registered lease can offer long-term security when supported by appropriate legal protections.
Leasehold arrangements require careful legal structuring and are not all the same. Buyers should understand exactly what rights are included and how the lease is documented.
Company ownership and nominee risks
Some properties in Thailand are held through Thai limited companies. While Thai companies can legally own land, strict rules apply regarding shareholding, business activity, and compliance.
Structures that use Thai shareholders as nominees purely to bypass foreign ownership restrictions are illegal. Authorities have increased scrutiny of such arrangements, and buyers should be aware that improperly structured companies can expose them to serious legal and financial risk.
Company ownership should only be considered when it reflects a genuine operating business and complies fully with Thai law.
Why misunderstanding the law creates problems
Many issues in Phuket’s property market arise not because the law is unclear, but because it is misunderstood or ignored. Assumptions based on hearsay, outdated practices, or informal advice can lead buyers into structures that do not provide the protection they expect.
Foreign ownership in Thailand is permitted, but only within specific legal boundaries. Staying within those boundaries is essential for long-term peace of mind.
What buyers should take away
Foreigners can own property in Phuket, but ownership depends entirely on the structure used. Freehold condominiums offer the clearest ownership rights, while leasehold arrangements and company structures require careful legal guidance.
Understanding the legal framework before making commitments helps buyers avoid unnecessary risk and ensures that ownership aligns with both Thai law and long-term intentions.
