Yes. A foreigner can own a freehold condo in Phuket: the unit is registered in your name as long as foreigners in the building hold no more than 49% of its saleable floor area (Condominium Act B.E. 2522, s. 19; as of 6 October 2026). The money must arrive from abroad through a Thai bank, and the Land Department registers the transfer. The rule does not apply to land or villas. For the whole process, see Buy a condo in Phuket.
In short
- Freehold means the unit is registered in your name. The condition is the quota: foreigners hold no more than 49% of the saleable area, counted by floor area, not by units (Condominium Act B.E. 2522, s. 19; as of 6 October 2026).
- Three documents confirm the quota: a letter from the condominium's juristic person (the entity that runs the building), a Land Department search and the developer's written answer. It can change before registration (terms.law, February 2026).
- Funds must come from abroad through a Thai bank. Without a bank document naming you and the unit, the sale will not be registered (Montmari Asia, 25 November 2025).
- The 49% rule did not change in 2025–2026. A 75% quota is a proposal with no bill and no timetable (Thaiger, 3 July 2026).
- A foreign buyer pays a 2% transfer fee on appraised value. The 0.01% rate is for Thai individuals only (Nation Thailand, 2 July 2026).
What does freehold mean for a condo, and who can buy one?
Freehold means the unit is registered in your name, not the developer's. A foreigner can buy it if, after the purchase, foreigners still hold no more than 49% of the building's saleable floor area. The Act also admits, for example, a buyer who remits funds from abroad in foreign currency and a lawful permanent resident (terms.law, February 2026).
| Freehold | Leasehold | |
|---|---|---|
| What you hold | The unit itself | A right to rent it |
| Term | No end date | Up to 30 years, renewal by a new agreement |
| What gets checked | The 49% quota of the building | The lessor's title and the lease registration |
Lease details: Buy a leasehold condo in Phuket. Choosing between the two: Freehold vs leasehold in Thailand.
How do you check the 49% quota before you pay?
Three documents confirm the quota: a letter from the condominium's juristic person on the area still open to foreigners, a Land Department search by your lawyer, and the developer's written confirmation. A letter shows only its issue date and the quota moves until registration, so ask for a fresh one before you pay and again before registration (terms.law, February 2026).
Ask for the remaining area in square metres and compare it with your unit: "units are still on sale" proves nothing when the foreign area is used up. Step by step: How to check the 49% foreign quota before you pay.
What documents and fees does registration involve?
Registration needs a bank document for a transfer from abroad: you appear as sender or recipient, and the purpose names your unit (Montmari Asia, 25 November 2025). A foreign buyer pays a 2% transfer fee on appraised value (Nation Thailand, 2 July 2026). In our practice the legal side of a purchase takes 2 to 6 weeks.
Sources disagree on when the FET (foreign exchange transaction) form itself is required (USD 50,000 on an older ThaiLawOnline page, any amount per Montmari), so ask for the bank document on every transfer. On an appraised value of THB 8,000,000 the 2% fee is THB 160,000. How a developer's first sale is taxed (VAT, specific business tax) is not confirmed in our sources, so we work it out with a tax adviser from your documents. Each year the owner also pays land and building tax, in practice 0.02–0.10% for homes (AngloSiam Law, 30 April 2026).
If you buy from the UK, US or Australia, or already live in Thailand
A power of attorney signed at home goes through a notary, your foreign ministry and the Thai embassy until 28 February 2027 (Bangkok Translation, 16 August 2026). An apostille then replaces the embassy step for states that do not object, and the HCCH status table showed no objection on 6 October 2026.
If you spend 180 days or more in Thailand in a calendar year, you are a tax resident. Foreign income earned from 1 January 2024 in a year when you are resident is taxed when you bring it into Thailand, while savings and earlier income stay tax-free on remittance (Brer Rabbit Legal, July 2026). A same-year exemption is only a draft as of 5 October 2026. Keep statements that show where the money came from: Tax on foreign income in Thailand in 2026.
What can go wrong with a freehold condo?
Three things go wrong: the quota runs out before registration, the reservation lets the developer keep your money, and the bank document is missing or wrong. All three show before payment, in the quota letter, the reservation form and the bank document.
Since 31 January 2025 a notification of the Office of the Consumer Protection Board (OCPB, B.E. 2567) gives condo reservations a standard Thai-language form. It bans clauses that keep your money when you are not in default, charge to assign the reservation, change terms unilaterally or waive liability for late handover. Breaches carry a fine of up to THB 200,000 and/or a year in prison. The deposit cap and refund steps are unconfirmed in our sources, so we read them in your form (Palmora, 28 March 2026).
What we do
We take a purchase from the first contract review to registration day and give you a written result at each step. A lawyer licensed by the Lawyers Council of Thailand answers for the checks, the contract and the registration. Our office is in Choeng Thale, Thalang; we work in English, Russian and Thai. The steps:
- You send the contract or reservation. Within 48 hours you get a free written review: up to five risky clauses and questions for the developer.
- We request the quota letter and search the Land Department for the area registered to foreigners, recording the remainder on the check date.
- We check the developer on the DBD DataWarehouse+ register, the permits, the Chanote (full title deed) under the project and the juristic person's debts. The full list is on Property due diligence in Phuket.
- Before you send money, we tell you and your bank which document the Land Department needs, then check it after the transfer.
- On registration day a lawyer goes with you to the Land Department.
What should you check yourself before you pay?
Put five questions to the developer or agent in writing and keep the answers. If any one gets no answer backed by a document, hold the payment. Verbal promises such as "the quota is fine" prove neither the area nor the date.
- What is the date of the quota letter, and how much area for foreigners does it show?
- What is the area of your unit, and does it fit into the remainder?
- Is the reservation on the standard OCPB form, and what happens to your money if the quota runs out?
- Where and in which currency should you send the money, and which bank document will you receive?
- Who pays what share of the transfer fee?
Describe your situation in the form below: send the contract or reservation, and you get a free written express review within 48 hours. The price of the full package is on the service card; we agree the estimate before work starts.
