Can Foreigners Own Land in Thailand? (2025 Guide — Phuket | Samui | Koh Phangan)

Primary keywords: foreigners own land Thailand, Phuket leasehold, condo freehold, Koh Phangan property rights

The Legal Baseline (2025)

Can foreigners own land in Thailand?
In general, no — foreign natural persons are restricted from freehold land ownership. Most buyers use alternative structures (see below) or buy condominium freehold within the 49% foreign quota per the Condominium Act.

Condo freehold (the cleanest route)

• Foreigners can own a condo unit freehold so long as the building’s foreign quota does not exceed 49% of saleable area. Funds must be remitted in foreign currency per the Act’s conditions. Department of Lands

Summary:

• Direct land ownership: Generally not allowed for foreign individuals. There are limited/special cases for business use (e.g., BOI-promoted companies) and extremely rare routes for personal residence, but these are exceptions, not the rule. Siam Legal International

• What is common: Condo freehold (within the 49% foreign quota) and long-term control mechanisms (e.g., leasehold, superficies, usufruct) tied to robust contracts and proper registrations. Department of LandsThailand Law LibraryThai Law OnlineThailand Law Online

• Leases: Thailand caps leases at 30 years and the Supreme Court (2025) reaffirmed that “automatic” renewal clauses (e.g., 30+30+30) are not enforceable; renewals require fresh agreement/registration at expiry. Structure accordingly.

Leasehold & real-rights workarounds (control vs. ownership)

Pro tip: Many buyers combine land lease + superficies (you control land by lease and own the villa by superficies). This de-risks renewal negotiations and resale value versus “lease only.”

Phuket | Samui | Koh Phangan: What actually matters on the ground

Beyond the legal form, island constraints drive feasibility, cost, and yield:

1. Title quality & surveys
   Aim for Chanote (full freehold title) where possible; understand Nor Sor 3 variants and boundary confidence before you sign. Siam Legal International Thailand Law Online

2. Hillside, coastal & environmental overlays
   Altitude, slope, and setback controls can cap height, site coverage, and even whether you can build. Koh Samui/Phangan saw new environmental rules (May 2025); Phuket hillside/altitude restrictions also apply. Design first, then land, not the other way around. re.sukhothaiinterlaw.com Siam Real Estate

3. Utilities & access
   Confirm legal road access, PEA power (3-phase where needed), water (PWA / well), and drainage before deposit. (These are the hidden cost drivers in island builds.)

Decision Framework (simple, practical)

If you want fee-simple ownership:

• Condo freehold (inside the 49% quota) is the clean, bankable route. Department of Lands

If you want a private villa on land:

• Use a registered lease (≤30 yrs) for the land + superficies for the villa. Bake in renewal mechanisms but plan conservatively (renewals require re-registration later). Addleshaw GoddardPD Legal

• Add usufruct for lifetime use in certain family scenarios (case-by-case). Thailand Law Library

If you’re an operator/investor:

• Consider a Thai company with real operations or BOI-promoted structure (industrial/hospitality contexts), noting this is about business use, not a personal home. AIM Bangkok

Risk Controls We Recommend (before you wire a deposit)

• Independent title due diligence: Verify title class, encumbrances, servitudes, and boundary surveys; don’t rely on marketing brochures. Siam Legal International

• Feasibility vs. zoning: Pre-check height/coverage/setbacks (especially hillside and beachfront parcels in Samui/Phangan; altitude/coverage limits are actively enforced). re.sukhothaiinterlaw.com Siam Real Estate

• Contract architecture: Lease + superficies + usufruct where appropriate; post-2025 lease case means renewal must be a fresh, registrable agreement — model your IRR on 30 years firm. Addleshaw Goddard

• Funds flow for condos: For freehold condos, remit purchase funds per the Act to maintain foreign ownership eligibility. Department of Lands

FAQs (quick hits)

Can I own land via a Thai company?
Only if it’s a genuine Thai-majority company with real operations; “nominee” structures are unlawful and risky. (Get tailored legal advice.)

Can I get a 90- or 99-year lease today?
Certain industrial/EEC contexts have distinct rules, but for island residential use, plan on 30 years today. Proposals are in motion; not law yet.

Is the 1-rai/40M THB route real?
It exists in law but is narrow, approval-heavy, and uncommon; do not assume eligibility.

What about condo inheritance?
Foreign inheritance is allowed within the 49% quota; otherwise a disposal requirement can apply.