A leasehold condo is a lease, not ownership: the contract is registered at the Land Department for 30 years at most, and it can be extended only by a new agreement (Civil and Commercial Code s. 540; as of 6 October 2026). The Supreme Court voided pre-agreed "30+30+30" renewals, and a 99-year lease is still a proposal. Buy one only if the price assumes 30 years, not 90. If you want ownership instead, see Buy a freehold condo in Phuket.
In short
- A leasehold gives you a right to rent the unit, not to own it. A lease registers for 30 years at most, and a longer term is cut to 30 (Civil and Commercial Code s. 540; as of 6 October 2026).
- Pre-agreed automatic renewals (30+30+30) are void: each renewal needs a new agreement made when it falls due (Supreme Court judgment No. 4655/2566; Addleshaw Goddard, 2025).
- A 99-year lease is a proposal. As of September 2026 nothing has gone to Parliament (ThaiLawOnline, September 2026).
- Registering a lease costs about 1.1% of the total rent over the term (a rule of thumb). Sources disagree on whether a lease passes to heirs, so name them in the contract.
- Most early Phuket leaseholds will not reach their renewal point for years (Addleshaw Goddard, 2025), so today the question is the price for 30 years.
What do you get with a leasehold condo, and how does it differ from freehold?
A leasehold gives you the right to use the unit for the term of the lease, 30 years at most, while the lessor stays the owner. Once the lease is registered at the Land Department, it binds later owners of the unit. Extending it needs a new agreement signed when the term runs out (Civil and Commercial Code s. 540).
| Leasehold | Freehold | |
|---|---|---|
| What you hold | A registered lease | Ownership of the unit |
| Term | Up to 30 years; renewal by a new agreement | No end date |
| What gets checked | The lessor's title and the lease registration | The 49% foreign quota of the building |
| Registration cost | About 1.1% of total rent over the term (rule of thumb) | 2% of appraised value |
For a fuller comparison, read Freehold vs leasehold in Thailand. Buyers look at leasehold when freehold is not available, for example because the quota is used up, but the decision should rest on the price for 30 years.
How is a leasehold registered, and what should you check in the documents?
A leasehold is a written contract registered at the Land Department. Before you sign, check who the lessor is, whether their title is clean and what the contract says about term and renewal. If the title shows a mortgage, encumbrance, dispute or seizure, it is too early to sign (ThaiLawOnline, 26 September 2026).
Ask for a certified copy of the Chanote (the full title deed) and have it searched at the Land Department, and ask the condominium's juristic person (the entity that runs the building) about debts. The contract should state the unit number and area, a term of no more than 30 years, named heirs or successors, and whether you may assign, sublet or mortgage the lease. An option to renew on adjusted terms can be drafted but guarantees nothing (Addleshaw Goddard, 2025).
If you want a lease that can be transferred, inherited and mortgaged, there is the leasehold-asset right (Sap Ing Sith, B.E. 2562). It is also capped at 30 years, and we check separately whether it fits your unit (ThaiLawOnline, September 2026).
What does a leasehold cost, and how long does it take?
Registering a lease costs about 1.1% of the total rent over the term, a rule of thumb from legal commentary as of 6 October 2026. On THB 4,500,000 of rent for 30 years that is about THB 49,500, and the Land Department gives the exact figure when you file. In our practice the legal side takes 2 to 6 weeks.
Work out the cost of one year: THB 4,500,000 for 30 years is THB 150,000 a year, and in 15 years you will be selling a lease with 15 years left, not 30. Compare that with a similar freehold unit, because the discount should pay for the shorter term. The checks to run before any deposit are in the Phuket condo buyer's checklist.
What are the risks of a leasehold condo?
The main risk is the term itself: after 30 years you have no right to renew, and renewals agreed in advance are void. The second is a price built on 90 or 99 years. The third is the lessor's title, or heirs who are not named in the contract. You can check each of them before you sign.
In judgment No. 4655/2566 the Supreme Court voided automatic-renewal clauses because they get round s. 540. Thaiger reported on 31 July 2026 that the case concerned a Phuket property: the pre-agreed renewals were voided and the tenant had to leave. The 99-year idea went to public consultation at the Department of Lands from 22 August to 5 September 2025 and then stalled (ThaiLawOnline, September 2026).
Leasehold and your will
If you hold the lease in your own name, plan for it in your will. A UK grant of probate or US letters testamentary has no force in Thailand: the Probate Court issues an order that appoints an administrator, and banks and registrars ask for it. A common structure is a Thai will for Thai assets and a separate will at home (ThaiLawOnline, 1 October 2026). The timelines are market estimates, not statutory deadlines: about 3 to 6 months for the court order with a Thai will that names an administrator, and 12 to 24 months or longer with a foreign will. Because sources disagree on whether a lease passes to heirs, name them in the lease as well. More in Two wills: a Thai will and a home-country will.
What we do
We check the lessor and the contract before you sign and handle the registration. A lawyer licensed by the Lawyers Council of Thailand answers for the checks and the contract text, and you get a written result at each step. Our office is in Choeng Thale, Thalang, and you can work with us in English, Russian or Thai. The steps:
- Within 48 hours you get a free written review of the lease: term, renewal, heirs and up to five risky clauses.
- We obtain a certified copy of the Chanote, search for mortgages, encumbrances, disputes and seizure, and ask the juristic person about debts.
- We strike any 30+30+30 clause, fix the term at 30 years, name heirs and successors and set the assignment and mortgage rights.
- We register the lease at the Land Department, and a lawyer goes with you.
What should you check yourself before you sign?
Put five questions to the lessor or agent in writing and keep the answers with the contract and the emails. If any question gets no answer backed by a document, do not sign: a verbal promise to "renew later" is worth nothing, and the Supreme Court voided pre-agreed renewals (judgment No. 4655/2566).
- Who is the lessor, and what is their title: a Chanote or another document, any mortgage or encumbrance?
- What term does the contract state, and what does it say about renewal?
- Are your heirs or successors named?
- May you assign, sublet and mortgage the lease?
- What is the total rent for the whole term, and what will registration cost?
Describe your situation in the form below: send the draft lease, 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.
