How foreigners own a villa in Thailand
Leasehold vs freehold, explained honestly. What you actually sign, what is guaranteed by law, what is contractual — and what is not law yet.
Land: 30-year registered leasehold
Under the Thai Land Code, foreign individuals cannot own land. Villa purchases are therefore structured as a registered leasehold on the land — and 30 years is the maximum term that can be registered at the Land Office. The lease is recorded on the title deed, which is what gives it legal force against any future owner of the land.
Quoted terms like "30+30+30" describe a 30-year registered lease plus renewal options. Only the first 30 years are a registered property right.
Renewals are contractual — not guaranteed
Renewal options are promises in the contract between you and the lessor. In 2025 the Thai Supreme Court reaffirmed the long-standing position that such renewal clauses are contractual obligations, not property rights that automatically bind future landowners.
In practice this means the strength of your renewal depends on the counterparty honouring it. The developer's track record and the legal structure holding the land matter more than the marketing brochure — make both part of your due diligence, with your own lawyer.
The building can be owned in your name
Thai law separates the land from the structures on it. The villa building itself can be legally owned outright in the foreign buyer's own name, documented separately from the land lease. This is standard in well-structured Phuket villa transactions and significantly strengthens the buyer's position.
Condominiums: freehold within the 49% quota
Foreigners can own condominium units freehold under the Condominium Act, as long as foreign ownership in the building stays within 49% of the saleable area. This applies to condominium products such as Hythe by Botanica — a different legal structure from the villas.
The Thai company route — treat with caution
Holding land through a foreigner-controlled Thai company is sometimes offered as an alternative. Authorities scrutinise nominee-shareholder arrangements, and reputable advisors treat this route cautiously. If it is proposed to you, take independent legal advice before relying on it.
The 99-year leasehold reform is NOT law
A 99-year leasehold framework was proposed by the Thai government in 2025 to attract long-term investment. As of early 2026 it has not been enacted. We do not sell against it, and you should be sceptical of anyone marketing 99-year terms as if they were available today. If the law passes, existing structures may be able to benefit — but buy on the rules as they stand.
The money trail: FET form
Purchase funds must arrive in Thailand from overseas in foreign currency. The receiving Thai bank issues a Foreign Exchange Transaction (FET) form, which is required at the Land Office for registration — and matters again later if you ever want to repatriate the proceeds. Plan transfers with this in mind; we and your lawyer will guide the steps.
Financing: a cash and installment market
Thai banks rarely lend to foreign buyers, so there is no meaningful mortgage market for this purchase. Most buyers pay cash; the financing instrument that actually exists is the developer's milestone payment plan, which spreads payments across construction stages. A few offshore options exist (for example Singapore-based international property loans), but they are the exception.
- —Most foreign purchases in Phuket are funded 60–70% in cash
- —Developer milestone plans spread payments from reservation to handover
- —Use our payment-plan calculator to see an indicative schedule
This guide is general information, not legal advice. Thai property law and its interpretation change; always engage an independent, licensed Thai lawyer before reserving or signing anything. Verified against our market research (June 2026).
Questions? Ask a human
Ownership structures and payment plans raise good questions. Message us on the channel you already use — we answer in English and Russian.