A foreigner can lease a plot in Phuket for 30 years at most and own the villa on it through superficies, but cannot buy the land itself. Both rights are registered at the Land Department. Pre-agreed 30+30+30 renewals are void, and a 99-year lease is still only a proposal. Everything here is current as of 6 October 2026.
In short
- A lease is registered for 30 years at most; a longer term is cut back to 30 (Civil and Commercial Code s. 540; as of 6 October 2026).
- You own the house through superficies, a registered right to a building on someone else's land (Civil and Commercial Code ss. 1410 to 1416).
- The Supreme Court voided pre-agreed 30+30+30 renewals in judgment No. 4655/2566 (Addleshaw Goddard, 2025).
- A 99-year lease is a proposal: as of September 2026 nothing has gone to Parliament (ThaiLawOnline; Bektu).
- Sources disagree on whether a lease passes to the lessee's heirs, so name them in the contract.
How does a leasehold villa work in Thailand?
A leasehold villa is two registered rights: a lease of the plot and superficies over the building. A Thai owner keeps the land, you use the plot under the lease, and you own the house. According to one agent source, lawyers pair the two most often, but that is practice, not a statutory rule (Anan Property Group, 2026).
| Right | What it gives you | Term | What to know |
|---|---|---|---|
| Lease of the plot | Use of the land | Up to 30 years | Registered at the Land Department; binds later owners; renewal needs a new agreement |
| Superficies | Ownership of a house on land you do not own | Up to 30 years or for life | Must be registered; can be transferred and inherited unless the contract says otherwise |
| Leasehold-asset right (Sap Ing Sith, B.E. 2562) | A right you can transfer, bequeath and mortgage | Up to 30 years | An alternative to an ordinary lease (ThaiLawOnline, September 2026) |
The cap is 30 years, so value the villa on the years that remain. In our reading, lawful structures are judged on substance, so we do not bundle a lease with other rights into a package that in effect replaces land ownership. Our sources do not confirm how the Phuket Land Office registers superficies for foreigners in 2026, so we check that before any deal. See also freehold villa, buying land and buy a villa in Phuket.
Can you extend a 30-year lease twice?
Not in advance. A lease longer than 30 years is cut to 30, and each renewal is capped at 30 years too. In judgment No. 4655/2566 the Supreme Court voided clauses that pre-agree renewals of 30+30+30. A renewal needs a new agreement made when the term ends (Addleshaw Goddard, 2025; as of 6 October 2026).
Thaiger reported on 31 July 2026 that the ruling concerned a Phuket property: the renewal clauses were voided and the tenant had to leave. A genuine option on adjusted terms can be drafted, but it guarantees nothing, and most early Phuket leaseholds will not reach the renewal point for years (Addleshaw Goddard).
A 99-year lease is still a proposal. The Department of Lands consulted the public on a draft amendment from 22 August to 5 September 2025, then the government changed and the idea stalled. As of September 2026 nothing has gone to Parliament (ThaiLawOnline; Bektu).
What should you check before you sign?
Check the land and the lessor before the villa. A foreigner cannot hold a Chanote in their own name (Land Code s. 86), so the rights are recorded on the Thai owner's title (ThaiLawOnline, 26 September 2026). Get a certified copy, search for mortgages, encumbrances, disputes and seizure, and check zoning and access (ThaiLawOnline; Lawyers for Expats Thailand, 2026).
| What to check | Where | What can go wrong |
|---|---|---|
| Title | Certified copy of the Chanote | Nor Sor 3 needs a 30-day public notice before registration, and the Land Department will not register Sor Kor 1 or Por Bor Tor 5 |
| Encumbrances | Land Department search | A mortgage, a dispute or a seizure |
| Lessor | Owner's documents; for a company, the Department of Business Development (DBD) register | Foreign shareholders or directors: circulars of 15 May 2026 call for monthly checks |
| Developer and permits | DBD DataWarehouse+, project file, EIA for large projects | No building permit, company debts |
| Contract | Lease and superficies, in Thai | Term, renewal, heirs, right to sell the villa, exit |
Ask the seller in writing before you pay a deposit:
- Who owns the land, and is the Chanote free of mortgages and disputes?
- Is the lease registered, and for exactly how many years?
- Under which registered right do I own the house?
- Who inherits if I die, and does the lease name them? Sources differ on what happens otherwise.
How to read each title: Thai land titles explained.
What does it cost, and how long does it take?
By our estimate, checking the plot and the contract takes 1 to 2 weeks, and the purchase through to registration 4 to 8 weeks. Registering a lease costs roughly 1.1% of the total rent over the term, a figure we have not traced to a primary source. Government fees are paid separately; we quote the exact figure after reading your contract.
Since 15 May 2026, Department of Lands circulars call for source-of-funds checks on land acquisitions of THB 2 million in cash or THB 5 million in appraised value (Luther; Silk Legal, 2026). Our sources do not say whether this reaches lease registrations, so we keep bank records of the source of funds either way.
Planning to let the villa? The Hotel Act B.E. 2547 requires a licence for stays of under 30 days, though sources disagree on a lighter regime for small properties (ThaiLawOnline; FOSR, 10 April 2026). Reform bills are not law yet (ThaiLawOnline; Explera, 27 September 2026). More in renting out your Phuket property legally.
If you hold a US, UK or Australian passport
A US passport allows a Treaty of Amity certificate for running a business, but the treaty gives no right to land (ThaiLawOnline; as of 6 October 2026), so American buyers lease like everyone else. Pay from your own USD or GBP account and keep the bank record of each transfer. A power of attorney signed at home goes through a notary, your foreign ministry and the Thai embassy (Bangkok Translation, 16 August 2026). From 28 February 2027 an apostille replaces the embassy step for states that do not object, and the objection window runs to about 30 December 2026 (HCCH; Federal Apostille, 29 September 2026).
What we do
- You send the draft lease or the developer's offer. Within 48 hours you get a written express review of up to five risky clauses, free.
- We obtain a certified copy of the Chanote, search for mortgages, encumbrances, disputes and seizure, and check zoning and access.
- We check the lessor and the developer on DBD DataWarehouse+, plus permits and the EIA on large projects.
- We draft the lease and superficies in Thai, fix the term, the heirs and the exit, and explain the risks in plain English.
- We handle the payments and register the rights at the Land Department, with a licensed lawyer beside you.
Describe your situation in the form below. Within 24 hours we will tell you what to check in your contract, what it costs and how long it takes. We agree the estimate before work starts.
