Freehold or leasehold: how foreigners own property in Phuket

11 October 2026 · LegalLight Estate

A foreigner in Phuket can own property in two ways: freehold (full ownership) and leasehold (a long-term registered lease). The choice affects transfer costs, resale and inheritance. Here is how it works, without legal jargon.

Freehold — full ownership

With freehold, the property is registered in your name as full ownership. For foreigners this is possible in condominiums: the law allows up to 49% of a building’s floor area to be sold to foreigners — the foreign quota.

Key points:

freehold is available only for condo units and only while the quota is not used up;
the purchase money must be transferred into Thailand from abroad — the bank issues a confirmation that is required for registration;
taxes and fees depend on the situation — on average about 5.5%.

Freehold is the most convenient for resale and inheritance: the unit is yours with no time limit.

Leasehold — long-term lease

Leasehold is a lease registered for 30 years with the right to renew 30+30. The contract is registered at the Land Office, so it is protected by law, not just by the seller’s signature.

Leasehold is used:

for villas and townhomes — a foreigner cannot own land, but can own the house;
for condo units above the 49% quota.

Leasehold transfer costs are lower — on average about 1%.

Which to choose

	Freehold	Leasehold
What it is	Full ownership	Lease 30+30+30 years
Used for	Condos within the quota	Villas, townhomes, condos above quota
Costs	~5.5%	~1%
Term	Unlimited	30 years + renewals

Condo — if quota is available, freehold is usually preferred: it is valued on resale. Villa — almost always leasehold, which is a normal and safe structure when the contract is drafted and registered correctly.

What to check in the contract

The lease term and renewal conditions — written directly into the contract.
The right to transfer the lease by inheritance and to sell it.
Registration at the Land Office.
Who pays the transfer taxes and fees.

How we help

We shortlist properties with a transparent purchase structure, check the developer and the land title, and calculate the exact costs for a specific unit — before you pay a deposit. LegalLight Estate is officially registered in Thailand.

This article is general information, not legal advice. Rules may change — we confirm the details for each transaction.