A foreigner can buy a condominium unit in Phuket as full freehold ownership. Villas are more complicated: foreigners cannot buy land in Thailand. Here are the legal options, what the paperwork costs, and how the deal works step by step.
In short: what you can and cannot buy
| What you buy | Allowed for a foreigner? | How it is registered |
|---|---|---|
| Condominium unit | Yes | Full ownership in your name, if the building still has foreign quota |
| Villa or house | House — yes, land — no | House in your name, land on a 30-year lease |
| Plot of land | No | Long-term lease only |
| Unit beyond the quota | Yes, but not as ownership | 30-year lease |
Condo: full ownership
A condominium unit is the simplest and safest option for a foreigner. It is registered directly in your name. You can sell it, give it away or leave it to your heirs.
There is one limit — the quota. Under the Condominium Act, foreigners together may own no more than 49% of the total unit floor area in a building. The other 51% must belong to Thai owners. In popular buildings near the sea, the quota often sells out at launch. In that case a foreigner is offered the same unit on a 30-year lease.
In 2025–2026 the government discussed raising the quota to 75% and allowing 99-year leases. As of September 2026, neither proposal has become law. If a seller promises “99 years already”, be careful.
Villa: the house is yours, the land is leased
A foreigner cannot buy land in Thailand. So a villa is usually structured like this: the house (the building itself) is registered to the buyer, and the land under it is taken on a long-term lease from a Thai owner. Most villas in Phuket are sold this way, especially in Bang Tao, Laguna and Rawai.
Sometimes buyers are offered a villa through a Thai company whose Thai shareholders exist only on paper. Such nominee structures are illegal. The Land Department checks companies during transactions, and in case of a violation the land can be seized.
30-year lease: what you need to know
A lease (leasehold) longer than 3 years is valid only if it is registered with the Land Department. The record is made on the back of the land title deed, so a new landowner cannot cancel it.
The legal maximum is 30 years. Contracts often say “30 + 30 + 30” — a promise to renew the lease. This is only an agreement with the landowner: the law does not guarantee renewal, and in 2025 the Thai Supreme Court did not treat such promises as binding. What you can rely on is 30 years. Renewal is a possibility, not a right.
One more detail: a lease right belongs to a specific person. Ask your lawyer how the contract transfers the lease to your heirs or to a new buyer if you sell.
Off-plan projects
New projects in Phuket are usually sold in instalments: a reservation, a first payment when you sign the contract, then payments at each construction stage, and the balance on handover. It is convenient, but the risk is higher: the building does not exist yet.
Before you reserve, check three things. The developer owns the land or leases it legally. There is a building permit. A large project has an approved environmental impact assessment (EIA): without it, construction can be stopped.
See projects with instalment plans — new developments in Phuket.
Taxes and fees when buying
All fees are calculated on the higher of two amounts: the contract price or the Land Department’s appraised value. The parties can agree who pays what. Below is the usual split.
| Fee | Rate | Usually paid by |
|---|---|---|
| Transfer fee | 2% | Split between buyer and seller |
| Specific business tax | 3.3% | Seller, if owned for less than 5 years (for example, a developer) |
| Stamp duty | 0.5% | Seller, if business tax does not apply |
| Seller’s income tax | from 1% | Seller |
| Registration of a 30-year land lease | 1% of the total rent for the whole term + 0.1% stamp duty | Usually the buyer |
| Land and building tax, yearly | from 0.02% of appraised value | Owner |
A condo buyer should budget about 1–3% on top of the price: half of the transfer fee plus a lawyer. Developers often split fees their own way, and this is written in the contract.
The deal step by step
- Choose the property. Check whether there is foreign quota (for a condo) and how the land is held (for a villa).
- Reservation. You usually pay a deposit, and the property is taken off the market for 2–4 weeks.
- Legal check. A lawyer reviews the land and building documents, debts, encumbrances, building permits and the seller’s authority.
- Sale and purchase agreement. It sets the price, the payment schedule, who pays the fees and what happens if the deal falls through.
- Money transfer. For a freehold condo — from abroad in foreign currency, with an FET form.
- Registration at the Land Department. The buyer and seller (or their representatives with power of attorney) pay the fees, and the title is transferred to the buyer. This usually takes one day.
How much property costs in Phuket
Median prices from our sale listings as of September 2026 (half of the properties are cheaper, half are more expensive):
| Type | Median, ฿ | Typical range, ฿ | Listings |
|---|---|---|---|
| Condos and apartments | 2,990,000 | 2,190,000 – 4,200,000 | 129 |
| Villas and houses | 5,500,000 | 3,800,000 – 9,900,000 | 163 |
All properties with prices — property for sale in Phuket. About districts — see “Where to live in Phuket”.
Common mistakes
Buying without your own lawyer. The seller’s or developer’s lawyer does not protect you. An independent check costs little compared with the price of a mistake.
Money sent without an FET form. The condo cannot be registered as freehold, and when you sell it will be hard to take the money out of the country.
Believing “renewal is guaranteed”. Only the registered 30 years are reliable.
Expecting a visa. Buying property in Thailand does not give you a visa by itself. About visas — see “Cost of living in Phuket”.
Sources
Thailand Condominium Act: the 49% foreign quota (terms.law, 2026)
Proposals for 99-year leases and a 75% quota: 2026 status (bektu.com)
Property transfer fees and taxes in Thailand, 2025–2026 (forbesandpartners.com)
Taxes when buying in Phuket, 2026 (aiproperty-phuket.com)
This article is a general overview, not legal advice. Check the terms with a lawyer before any deal.
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