Buying
A villa in Phuket: how a foreigner holds the house and land
A pool villa with a sea view is the dream of many who fall for Phuket. A foreigner can buy one; the paperwork simply works differently from a condo: the land is taken on a long lease while the house can be owned personally. Here is how it works legally, what changed in 2025–2026 and what to check in the documents.
In short
- A foreigner cannot own land. It is leased for up to 30 years with mandatory registration at the Land Office.
- The house can belong to a foreigner separately from the land if built under a permit in their name.
- The Supreme Court held a contractual promise of "30+30+30" renewals invalid: 30 years are guaranteed, renewal is negotiated anew.
Land and house: how ownership splits
- A condo can be owned freehold by a foreigner within the 49% foreign quota of a building's floor area.
- Land cannot be owned by a foreigner under the Land Code.
- A house, as a structure, can belong to a foreigner separately from the land, for example if it was built under a construction permit in their name on leased land.
So the typical villa structure is a long land lease plus ownership of the house. The formats are compared in Freehold or leasehold.
A 30-year land lease
- Under section 540 of the Civil and Commercial Code a lease of immovable property cannot exceed 30 years. It can be renewed, but each renewal is also limited to 30 years.
- A lease longer than 3 years must be registered at the Land Office, otherwise it is enforceable for only 3 years. The lease is recorded on the back of the title deed.
- The registration fee is 1% of the total rent for the whole term plus 0.1% stamp duty. The contract decides who pays.
A 99-year lease for foreigners was discussed in 2024–2025 but did not become law.
A Thai company
Only a real, operating Thai company with a genuine business, staff and taxes is lawful. A structure where Thais hold 51% only on paper while the money and control belong to the foreigner is illegal under the Foreign Business Act.
Since May 2026 the Land Department checks the source of funds in deals from 5 million ฿ and companies with foreign participation: whether Thai shareholders hold shares for a foreigner and whether the company has enough capital for the purchase. In July 2026 Phuket saw inspections of properties held through nominee structures. So choose a transparent structure with a lawyer.
Buying through a Thai spouse
A Thai citizen married to a foreigner can buy land in their own name if they confirm the money is their personal property, not joint. The spouses sign a declaration at the Land Office, and the foreign spouse does not become a co-owner of the land. Since 2026 such deals are also checked more closely.
What to check before buying
- The land title: a full title deed (chanote), the owner, encumbrances on the back (mortgage, lease, servitude).
- Road access and matching plot boundaries.
- The construction permit and the plot's zoning.
- Terrain: in Phuket hillside plots have special requirements and building on steep slopes is restricted. At the end of 2024 the rule banning construction above 80 m above sea level was lifted, but projects are still assessed by the provincial town planning office.
Taxes and running costs
- Land and building tax (2019 law) is the same for Thais and foreigners. For residential use the rate is low, from 0.02%; for commercial use it is higher, from 0.3%.
- Villa upkeep: pool, garden, security and cleaning; in a gated estate, common area fees too.
- Daily rentals need a licence, see Renting out a condo in Phuket.
Tips
- Work with an independent lawyer who will check the land and the contract.
- Register the land lease at the Land Office rather than relying on a 3-year contract.
- Do not count on automatic renewals; plan for 30 years.
- Send purchase funds from abroad in your own name and keep the documents, see How to transfer money to buy.
If you are choosing a villa or condo in Phuket, we will help with selection and document checks. Projects across Thailand: Thailand property.
FAQ
Can a foreigner buy a villa in Phuket?
Yes, but the land is leased for up to 30 years with registration at the Land Office, while the house can belong to the foreigner separately from the land.
Can a land lease be renewed 30+30+30?
The Supreme Court held a pre-agreed renewal obligation invalid. 30 years are guaranteed; renewal is negotiated anew.
Is it legal to hold a villa through a Thai company?
Only if it is a real operating company. Nominee Thai shareholder structures are illegal, and since 2026 such deals are checked more strictly.
How much does registering a land lease cost?
1% of the total rent for the whole term plus 0.1% stamp duty. The contract decides who pays.
Sources
- Addleshaw Goddard: Supreme Court ruling 4655/2566 on automatic lease renewals
- The Nation: Land Department steps up nominee checks, 26.05.2026
- Thai Land Department: land acquisition by Thais with a foreign spouse
- C9 Hotelworks: Phuket 80-metre height restriction repealed
- ThaiLawOnline: land and building tax
This article is for general information and is not legal or tax advice. Laws, fees and project terms change: before a deal we check the current conditions for the specific property.
