Can Foreigners Buy Property in Phuket? (2026 Legal Guide)
Contents
Quick navigation through the main sections of the article
- What are the two forms of property ownership in Thailand?
- What can a foreigner buy - condo or villa?
- Condominiums
- Villas
- Freehold vs Leasehold - Key Differences
- How does the buying process work for foreigners?
- Buying resale property: what we always check
- A completed unit (ready resale)
- A contract assignment (off-plan, from a private seller)
- How much does it cost to buy property in Phuket?
- Common Questions (FAQ)
- Can I get a mortgage as a foreigner in Thailand?
- Can I resell freehold property as a foreigner?
- Is leasehold safe in Phuket?
- Can I rent out the property?
- Do I need to be in Thailand to buy?
- Ready to look at real options?
Yes. Foreigners can legally own property in Phuket. Thailand recognises two forms of ownership: freehold (full, perpetual ownership) and leasehold (a registered, long-term right to use). The one limitation is that a foreigner cannot own land in freehold - only on a long-term lease. Both condominiums and villas are open to foreign buyers; below we explain which form applies to each, what it costs, and how the purchase works in 2026.
In short: two forms of ownership - freehold (perpetual) and leasehold (a registered 30-year right, extendable). A foreigner cannot own land in freehold, only on a long-term lease - but condominiums (within the 49% foreign quota) and villas are both open to foreign buyers.
Quick facts
• Freehold: full, perpetual ownership, registered in your name.
• Leasehold: a registered right to use the property for 30 years, renewable.
• Condominium foreign quota: up to 49% of a building can be foreign-owned in freehold.
• Land: a foreigner cannot own it in freehold - only on a long-term lease.
What are the two forms of property ownership in Thailand?
Freehold means full, perpetual ownership, registered in your name - the same idea as owning a home outright in most countries. Leasehold means a registered, long-term right to use a property for a fixed term, recorded at the Land Department.
There is one limitation to keep in mind: a foreigner cannot own land in freehold - only on a long-term lease (leasehold). It does not apply to the buildings themselves, which is why both condos and villas are open to foreign buyers; for condominiums, within the 49% foreign quota explained below.
What can a foreigner buy - condo or villa?
Both are available to foreigners - here is the form each one usually takes.
Condominiums
A condominium is the most straightforward purchase for a foreigner. Under Thailand's Condominium Act (B.E. 2522), foreigners can own condo units in full freehold - up to 49% of the total floor area of any single building. This share is known as the foreign quota. Beyond it, a unit can still be bought in leasehold.
Freehold within the quota usually carries a premium of around 10,000 THB per sqm (Undersun Estate market data, 2026), so the same 30 sqm unit can cost roughly 300,000 THB more in freehold than in leasehold. One useful point on the resale market: if a unit is currently held in leasehold and the building still has free quota, it can sometimes be converted to freehold.
Browse condominiums across the island in our catalogue.
Villas
With a villa, you own the structure itself in full freehold - the building and everything in it. The land beneath it is held in leasehold: registered at the Land Department for 30 years, with the right to extend for two further 30-year terms through a supplementary agreement. A villa can also be taken entirely in leasehold.
Some buyers ask about holding the land through a Thai company. It is possible, but it involves ongoing legal and reporting obligations and genuine business substance, so it suits only specific cases and calls for qualified legal advice.
Current villas on Phuket are in our catalogue.
Freehold vs Leasehold - Key Differences
Which form suits you depends on the property, your budget and how long you plan to hold. Here is how the two compare side by side:
|
Aspect |
Freehold |
Leasehold |
|
What it is |
Full, perpetual ownership registered in your name |
A registered right to use the property for a fixed term |
|
Applies to |
Condo units (within the 49% quota) and the villa structure - never the land |
Land under a villa; can also apply to a whole condo or villa |
|
Secure term |
Indefinite |
30 years, with the right to extend for two further 30-year terms via a supplementary agreement |
|
Price |
Premium - roughly +10,000 THB per sqm on a condo |
Lower entry price for the same unit |
|
Property rights (gift, inheritance, resale) |
Full - gift, inherit and resell freely |
The same rights - gift, inheritance, resale - but for the remaining lease term |
How does the buying process work for foreigners?
The purchase runs through six clear steps, from choosing the property to registering it at the Land Department:
1. Choose the property and the form of ownership - freehold or leasehold.
2. Document checks - the developer's paperwork, the land title (chanote) and lease terms. As a rule, we carry out these checks ourselves before we ever present a property to you.
3. Reservation agreement and deposit to take the unit off the market.
4. Sale and purchase (or lease) contract.
5. Payment according to the schedule set out in the contract, usually by international bank transfer.
6. Registration of ownership or the lease at the Land Department.
We guide international buyers through every step - from choosing the property to transfers, payments and paperwork. See our property-buying service.
Buying resale property: what we always check
Resale purchases come in two forms, and each calls for different checks. Here is what we look at before recommending a property. For the full set of pre-purchase checks, see our Thailand property buyer’s checklist.
A completed unit (ready resale)
We always confirm the chanote (title deed) has actually been issued - occasionally a project is finished but title issuance lags behind. We assess the unit’s condition against its age, look at how well it rents, and check how diligently the management company maintains the building. With leasehold, you are buying only the remaining years of the term - though, in rare cases, large Thai developers reset the term on resale, so the count starts again.
A contract assignment (off-plan, from a private seller)
Here you take over an under-construction unit, so we vet the project exactly as we would any off-plan purchase - including the developer’s contract for hidden traps. Two more things matter here: the payment schedule - the seller has already paid part, so you need to be ready to pay that amount upfront, and instalments then cover only the remaining balance - and the form of ownership, which we confirm before you commit.
How much does it cost to buy property in Phuket?
Prices depend on the property type, area and distance from the sea. As a rough guide, off-plan projects start at: a studio in a condominium from about $90,000-105,000 (3-3.5M THB), or from about $82,000 (2.7M THB) in projects closer to the island centre; houses from about $145,000 (4.75M THB); villas from about $395,000 (13M THB). USD figures converted at June 2026 rates. For a deeper breakdown, see our guide from budget studios to luxury villas.
Registration tax at purchase depends on the form of ownership (rates as of 2026):
• Freehold: registration tax of 6.8% of the value, customarily split 50/50 between buyer and seller.
• Leasehold: registration tax of 1.1% of the value, paid by the buyer.
Approximate additional costs (average from developer price lists, 2026):
• Common area fee: 80 THB/sqm per month (paid annually).
• Sinking fund: 800 THB/sqm, one-time.
• Electricity and water meter installation: up to 20,000 THB.
Exact amounts depend on the specific property, so we calculate every fee upfront before reservation.
Common Questions (FAQ)
Can I get a mortgage as a foreigner in Thailand?
Mortgages from Thai banks are rarely available to foreigners. In practice most buyers either pay cash or use the developer's interest-free instalment plan, offered on virtually all off-plan projects. You pay in stages during construction, and some developers extend instalments beyond handover.
Can I resell freehold property as a foreigner?
Yes. A freehold property can be resold freely. A leasehold property is transferred by assigning the remaining lease term under the contract.
Is leasehold safe in Phuket?
Leasehold is an established, widely used and legally recognised way to hold property on the island. With reputable developers there is no real risk over renewal. On the secondary market - where the seller is a private individual rather than a developer - it pays to be more careful, and the lease terms should be checked closely before you sign, which is part of our legal support.
Can I rent out the property?
Yes. Long-term rentals are straightforward. Short-term (daily) rentals are regulated and generally require the building or project to hold the relevant licence - check this per project before buying if rental income matters to you. Curious how much rentals actually earn on Phuket? We broke down real rental yields and ROI with actual figures.
Do I need to be in Thailand to buy?
Not necessarily. The whole process can be completed remotely - from choosing the property online to signing the documents - and ownership can be registered at the Land Department through an authorised representative under a power of attorney.
Ready to look at real options?
Thinking about buying in Phuket? Tell us your budget and goals, and we will send you three vetted options - with the form of ownership and a full cost breakdown for each - within 24 hours. Request your shortlist or fill in the enquiry form to start choosing.