Phuket buyers often compare a condo and a villa on price, view and rental income. The more important difference sits in the title deed. Under Thai law the two property types are owned in completely different ways, and for a foreign buyer that difference decides what you hold, for how long, and what you can pass on.
If you are still working out can foreigners buy property in Phuket, the short answer is yes, but only in specific forms. This article explains how each form works so you can choose with your eyes open.
Quick Answer
- Condo: a foreign buyer can hold freehold title in their own name, as long as foreign ownership in the building stays within 49% of total unit area.
- Villa: a foreign buyer cannot own the land. The usual structure is a registered lease on the land, sometimes paired with ownership of the building.
- Longest secure lease: 30 years. Renewal promises beyond that are not reliable.
- Structures to avoid: Thai nominee companies set up to hold land for a foreigner. Enforcement is tightening.
The Two Structures Side by Side
| Condominium | Villa on land | |
| What you own | The unit, plus a share of common areas | The building, if structured correctly. The land stays with a Thai owner |
| Title for a foreigner | Freehold, in your own name | Registered leasehold, often with superficies rights |
| Governing rule | Condominium Act, 49% foreign quota per building | Land Code, which bars foreign land ownership |
| Duration | No fixed end for freehold | 30 years on the registered lease |
| Quota risk | Yes, if the building’s foreign quota is full | Not applicable, but lease terms and landowner risk apply |
| Funds requirement | Money must be remitted from abroad in foreign currency | Depends on the structure, so take legal advice |
Condo Ownership: Freehold with a Quota
Thailand’s Condominium Act is the one route that gives most foreigners true freehold. Under the Condominium Act, non-Thai owners can collectively hold up to 49% of the total floor area in a building. The other 51% is reserved for Thai buyers. The cap applies to the building as a whole, not to individual units.
Two practical points follow from that.
The quota can run out. A popular building may have used up its foreign share before you arrive. Ask the juristic person (the building’s management body) for a written statement of the current foreign ownership percentage before you pay a deposit.
Your funds need a paper trail. To register a condo in your name, the purchase money must come into Thailand from abroad in foreign currency and be exchanged into baht here. Your receiving bank issues the evidence the Land Office asks for. Arrange this before transfer day, not on it.
Freehold title in a condo is also easier to live with. You can sell to another foreigner within the quota, rent the unit out, and leave it to heirs, subject to the same 49% rule at the point of registration.
Villa Ownership: Why the Land Is the Problem
Landed property is where the confusion starts. Thai law generally bars foreigners from owning land, and the penalties for working around that rule are real. A foreigner can still live in a villa, build one, and hold it for a long time. The legal form just differs from a condo.
Most villa buyers end up with a combination of two rights:
- Registered leasehold on the land. Under the Civil and Commercial Code, a lease of land or buildings can run for 30 years at most, and any lease longer than three years must be registered at the Land Office or it is only enforceable for three years.
- Superficies over the building. This is a registered right to own a structure on someone else’s land. Together with the lease, it gives you control of both the house and the plot for the lease term.
The weak point is time. The 30-year lease is the only term you can count on, because Thai courts have not enforced renewal clauses written into the original contract. If a seller prices a villa as if you will hold it for 60 or 90 years, you are paying for years the law does not guarantee.
That does not make a villa a bad purchase. It means a villa should be priced and financed as a 30-year asset, with the end of the lease built into your exit plan.
The Structure to Avoid: Nominee Companies
Some sellers offer a shortcut. A Thai company holds the land, a foreigner funds it and controls it informally, and the paperwork looks tidy. Authorities treat this as a way around the Land Code.
The pressure is increasing. On 25 August 2026, the Ministry of Interior sent provincial governors an urgent circular setting out tougher guidelines for investigating and prosecuting suspected nominee land holdings. Under the new measures, provincial Land Offices are now expected to screen for and flag companies showing signs of acting as nominees, and land held that way can be ordered disposed of or referred for prosecution. The full detail is in Tilleke & Gibbins’ summary of the circular.
If you are offered a villa through a company where you would be the real owner and a Thai shareholder only the name on the paper, walk away. The buyer carries the risk, not the agent.
How the Buying Process Differs
The steps look similar on the surface. The checks are different.
Buying a condo
- Confirm the building holds a valid condominium registration.
- Get written confirmation that foreign quota remains.
- Sign a reservation and sale agreement.
- Remit funds from overseas in foreign currency and keep the bank evidence.
- Register the transfer at the Land Office.
Buying a villa on leased land
- Verify the landowner’s title deed at the Land Office.
- Check for mortgages or other claims on the land.
- Negotiate a 30-year lease and a superficies agreement in writing.
- Register both at the Land Office.
- Have a Thai-qualified lawyer review the full structure before you pay.
Which One Suits Which Buyer
A condo suits you if you want freehold in your own name, plan to rent the unit out, value shared amenities and low upkeep, or want a clean path to resale and inheritance. For many overseas buyers in Phuket, this is the most straightforward legal position available.
A villa suits you if you want private space and a garden and you accept a 30-year horizon. Price the lease honestly, and plan for what happens at the end.
For buyers who want beach access with condo-style freehold, the format matters as much as the location. Developments such as Gardens of Eden at Bang Tao Beach are built in the condominium format, which is why the foreign quota is the first thing a buyer should check with any developer.
What Could Change
Thailand’s government has discussed loosening the rules. One proposal would raise the foreign quota in condominiums from 49% to 75% and allow land leases of up to 99 years, but the cabinet approved it only for further study, not for implementation. Reporting at the time is archived at Bangkok Post.
As of May 2026, neither the 99-year lease nor the 75% quota had been enacted. Plan around the law as it stands today. If a seller markets a 90 or 99-year term or a 75% quota, treat it as a forecast, not a fact.
Questions to Ask Before You Commit
- Is the building registered as a condominium, and how much foreign quota is left?
- Has the juristic person confirmed the foreign ownership percentage in writing?
- For a villa, who holds the land title, and is it free of claims?
- Are the lease and superficies registered at the Land Office, not just signed?
- Does the price reflect a 30-year term?
- Has a Thai-qualified lawyer reviewed the structure, not just the sales contract?
Choosing Your Path Forward: Freehold Security vs. Leasehold Lifestyle
A condo and a villa in Phuket can look equally permanent. Legally, they are not. A condo gives a foreign buyer freehold within a building quota. A villa gives a long, registered right to use land you do not own. Understand which one you are buying, check the paperwork before the price, and take advice from a lawyer licensed in Thailand before you transfer funds.
