In short
- Foreigners cannot own land: no treaty gives that right, including with the United States (Land Code s. 86; as of 6 October 2026).
- Lawful routes: a registered lease of up to 30 years, superficies over the building, usufruct, a condo within the 49% quota, BOI promotion or a Foreign Business Licence (ThaiLawOnline and Lex Bangkok, 2026).
- Pre-agreed 30+30+30 renewals are void, as the Supreme Court held in judgment No. 4655/2566 (Addleshaw Goddard, 2025).
- A 99-year lease is still a proposal: as of September 2026 nothing has gone to Parliament (ThaiLawOnline, September 2026).
- The DBD, the Department of Lands and the police are inspecting nominee companies, and Phuket is a priority province (circulars of 15 May 2026).
How can a foreigner own a villa in Phuket legally?
As of 6 October 2026 you cannot buy the land, but you can register a lease of up to 30 years, superficies over the house, or usufruct. Lawyers most often pair a lease of the plot with superficies over the building, though that is practice, not a rule (Anan Property Group, 2026). A nominee company is not a lawful route.
| Route | Term | What you get | Limit |
|---|---|---|---|
| Lease of the plot | Up to 30 years | Right to use, registered at the Land Department | Renewal only by a new agreement |
| Superficies | Up to 30 years or for life | Right to own a building on someone else's land | Must be registered |
| Usufruct | For life or up to 30 years; a company gets a fixed term only | Use of the property and its income | Ends when the holder dies |
A narrow exception exists: Land Code s. 96 bis lets a foreigner who invests at least THB 40 million in approved assets hold up to 1 rai of residential land with Interior Minister approval. It is rarely used (ThaiLawOnline, 3 October 2026).
Can you extend a 30-year lease twice?
No. A lease can be registered for 30 years at most, and the Supreme Court voided pre-agreed 30+30+30 renewals in judgment No. 4655/2566: a renewal needs a new agreement made at the time (Addleshaw Goddard, 2025). A 99-year lease is only a proposal, with nothing before Parliament in September 2026 (ThaiLawOnline, September 2026).
The 30-year cap comes from Civil and Commercial Code s. 540. The judgment became public in March 2025, and Thaiger reports it concerned a Phuket property: the renewal clauses were voided and the tenant had to leave. Sources disagree on whether a lease passes to the lessee's heirs, so name them in the contract. A leasehold-asset right (Sap Ing Sith, B.E. 2562) can be transferred, inherited and mortgaged, but it is also capped at 30 years (ThaiLawOnline, September 2026). Anyone selling a 99-year lease is selling a promise, not a right.
What should you check before you sign?
Start with the type of title. A full Chanote (Nor Sor 4 Jor) is issued after a GPS survey and is the only title suited to a mortgage and normal conveyancing. Then get a certified copy, search for mortgages, encumbrances, disputes and seizure, check zoning and access, and look up a developer-seller on DBD DataWarehouse+ (ThaiLawOnline, 26 September 2026).
| Document | What it is | Can a deal be registered? |
|---|---|---|
| Chanote, Nor Sor 4 Jor | Full title after a GPS survey | Yes, and it suits a mortgage |
| Nor Sor 3 Gor | Possession right from an aerial survey | Often upgraded to a Chanote, so take care |
| Nor Sor 3 | Unsurveyed land | A 30-day public notice comes before registration |
| Sor Kor 1, Por Bor Tor 5 | No title | The Land Department will not register |
Since 15 May 2026, Department of Lands circulars call for source-of-funds checks when cash consideration reaches THB 2 million or appraised value reaches THB 5 million (Luther and Silk Legal, 2026).
If you are American, British or Australian
US nationals can use a Treaty of Amity certificate for a business, but it gives no right to land. If you marry a Thai, the usual pattern is that your spouse owns the land and you hold a lifetime usufruct. It ends when you die, and full ownership then rests with the Thai owner. The source-of-funds checks apply to the Thai buyer too (ThaiLawOnline, 2026; circulars of 15 May 2026). Documents you sign at home go through a notary, your foreign ministry and the Thai embassy until the apostille starts on 28 February 2027, for states that do not object (HCCH).
What we do
- We obtain a certified copy of the Chanote, search for mortgages, encumbrances, disputes and seizure, and check zoning and access.
- We check the seller or developer on DBD DataWarehouse+ and trace the ownership history.
- We choose the structure with you: lease of the plot, superficies or usufruct. You get the risks in plain English, and the contract is drafted in Thai.
- We handle the payments and collect bank records of where the money came from.
- We register the contracts at the Land Department, and a lawyer licensed by the Lawyers Council of Thailand goes with you.
The price and scope are on the service card. We agree the estimate before work starts.
