The concept of a Thailand 30+30+30 leasehold is often marketed as “90 years of ownership.” In reality, only the first 30 years is guaranteed by law. The additional two terms are promises written into contracts, but Thai courts have consistently ruled that pre-agreed renewals are not legally enforceable.

This guide explains the legal framework, how the 30+30+30 structure is applied to villas and condominiums, what the courts have said, and how foreigners can best protect themselves.

Foreign Ownership Limits Under Thai Law

Foreign nationals cannot directly own land in Thailand. The Land Code Promulgating Act B.E. 2497 (1954), sections 86-96, clearly restricts foreign ownership of immovable property.

  • “Immovable property” refers to land, which cannot be dismantled or relocated.

  • “Movable property” includes buildings such as houses or villas, which foreigners are allowed to own, but the land beneath remains off limits.

  • Without a treaty or ministerial exemption (rare), land ownership by foreigners is prohibited.

This is why leasehold contracts became the accepted way for foreigners to control land use.

Understanding Freehold vs Leasehold in Thailand

Freehold is straightforward. You receive a title deed in your own name, registered at the Land Office. Ownership is perpetual, and you can pass it on to your heirs. A foreign freehold condominium within the 49% quota is the clearest example.

Leasehold, by contrast, varies around the world.

  • In the UK, leaseholds can last 999 years, often treated as ownership.

  • In China, 70-year leaseholds are expected to renew automatically.

In Thailand, it is very different. A lease is technically just a rental agreement, capped at 30 years under the Civil and Commercial Code (CCC 540).

  • Any term longer than 30 years is automatically reduced to 30.

  • Renewals may be agreed when the lease expires, but they cannot be contractually guaranteed in advance.

  • Any lease longer than 3 years must be registered at the Land Office (CCC 538) to be valid beyond 3 years.

This means that while freehold condominiums within the 49% quota provide perpetual ownership, leasehold on land or Thai-quota condos is only a personal right of use. Compared with other countries, Thailand’s leasehold framework is far more limited and offers no automatic long-term security.

Thailand 30+30+30 Leasehold Structure for Villas

Developers often market villas with a 30+30+30 lease arrangement:

  1. First 30 years – registered lease at the Land Office.

  2. Second 30 years – contractual promise to renew.

  3. Third 30 years – another renewal clause.

While marketed as “90 years,” in law only the first 30 years counts.

  • The Land Office will only register 30 years.

  • Renewal promises are not binding on new landowners if the land is sold.

  • Courts view prepaid renewals as attempts to disguise foreign ownership.

Some contracts reference “special reciprocal contracts”, where the lessee provides material improvements (e.g., building a villa) that may justify renewal. The Thai Supreme Court has recognised such arrangements in limited cases, but they remain exceptions, not guarantees.

Thailand 30+30+30 Leasehold for Condominiums

Under the Condominium Act, foreigners can own up to 49% of the sellable area in freehold. The other 51% quota must be Thai-owned.

To monetise these Thai quota units, developers often offer them to foreigners as leaseholds under the 30+30+30 model.

  • A 30-year registered lease is granted.

  • Two renewals of 30 years each are written into the contract.

  • This lets developers sell the Thai quota to foreigners, but the legal risks are the same as with villas.

Again, only the first 30 years is secure.

Thailand 30+30+30 Leasehold: Legal Limits and How to Protect Yourself

Under Thai law, leasehold terms are limited by the Civil and Commercial Code (CCC) 540, which caps leases for immovable property at 30 years. Renewal clauses written into a contract at the outset are generally seen as promises, not rights, and Thai courts have ruled that pre-agreed automatic renewals are not enforceable.

However, there are exceptions in practice. In certain cases where:

  • the lessee owns the building sitting on the land,

  • substantial improvements or construction have been made, and

  • the lease is drafted with a special reciprocal contract by a qualified lawyer,

…renewals for an additional 30 years have been recognised by the courts. These rulings show that while a 30+30+30 leasehold is not guaranteed, a carefully structured agreement can provide a stronger basis for renewal.

The key takeaway is this: only the first 30 years is secure in law, but with the right contract and legal advice, it may be possible to negotiate and enforce further terms. Outcomes remain case by case, and buyers should always seek independent legal counsel.

If considering enhanced protection options, see our guide on Phuket Leasehold Reciprocal Contracts, which explains what SRCs cover, what rights they may grant, and what remains uncertain.

What Happens if a Case Goes to Court?

Thai case law shows a clear trend:

  • Judges strike down automatic renewal clauses.

  • In some cases, contracts containing guaranteed renewals have been voided in their entirety.

  • Supreme Court guidance (including as recently as 2023–2025) reinforces that renewals may only be agreed and registered within three years of the expiry of the current lease term.

As reported in the Phuket News on Thai leasehold rulings, these rulings highlight the risks for foreigners who assume a 30+30+30 leasehold guarantees 90 years. Buyers relying on pre-agreed renewals run the risk of holding a contract that a judge could treat as non-existent.

Minimising Your Risks

If you are considering a Thailand 30+30+30 leasehold, you should:

  • Value the deal on 30 years only. Anything beyond that is not guaranteed.

  • Register properly. Ensure your 30-year lease is correctly registered at the Land Office.

  • Check the developer’s reputation. Renewals are only as strong as the developer’s willingness to honour them.

  • Include arbitration clauses. These can sometimes help disputes be settled outside local courts (though not bulletproof).

  • Explore alternatives:

    • Foreign freehold condos (within the 49% quota) remain the most secure option.

    • Standard 30-year lease without pre-paid renewals avoids inflating costs.

    • Company or spouse ownership routes – but only if fully legal, tax-compliant, and properly advised.

To explore available listings and ownership options, visit Phuket Property for Sale for the latest market inventory.

FAQs

Is the Thailand 30+30+30 leasehold enforceable for 90 years?
No. Only the first 30 years is enforceable. Renewals must be agreed and registered at the time they arise.

Can I register a 90-year lease at the Land Office?
No. The maximum term that can be registered is 30 years; any longer term is reduced to 30.

What happens if the landowner sells the property?
The new owner is not legally bound by earlier renewal promises unless they choose to honour them.

Are condominiums safer?
Foreign freehold condos are secure within the 49% quota. Leasehold condos sold as 30+30+30 still face the same legal ceiling.

What if my contract includes a reciprocal agreement?
In some cases, if you own the building and have made improvements, a carefully drafted reciprocal contract has helped enforce an additional 30-year renewal. This depends heavily on wording and legal representation.

Conclusion: Thailand 30+30+30 Leasehold Security

The uncertainty of the Thailand 30+30+30 leasehold is understandably worrying for foreigners who have purchased villas or condos under this structure. Owners should do everything possible to avoid disputes with developers or landlords that could bring their contracts into court.

One way to reduce risk is to include an arbitration clause in sale and purchase agreements. This allows disputes to be resolved outside local courts, provided the developer remains the counterparty at the time.

New buyers should think carefully before committing to a 30+30+30 lease. For condominiums, it is often safer to pay the premium for a foreign freehold unit rather than risk the uncertainty of leasehold.

If buying a villa, a Thai Company Limited structure is sometimes considered, but it must be fully legal, operating as a genuine business, complying with corporate laws, generating revenue, and paying taxes.

Ultimately, foreigners entering into a Thailand 30+30+30 leasehold agreement must understand that they do not own the land. They are effectively tenants. Any attempt to disguise leasehold as ownership risks violating the spirit of the law, and when that happens, Thai judges have been clear: such contracts will not be upheld.

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Disclaimer: The information contained in this article is provided for general informational purposes only and does not constitute legal, financial, or investment advice. While every effort has been made to ensure accuracy at the time of publication, property laws and regulations in Thailand are subject to change. Readers should always seek independent legal advice from a qualified Thai lawyer before making any property-related decision or transaction.