Foreigners typically cannot own land in Thailand—but two exceptional legal pathways allow secure land ownership in Phuket:

  1. Prescribed Investment under Section 96 of the Land Code, or

  2. BOI‑promoted company ownership under Thailand’s Investment Promotion Act

If you meet the financial and legal criteria, these are legitimate ways to own land in Phuket.

1. Prescribed Investment via Land Code Section 96

Under Section 96, foreigners who invest at least THB 40 million in approved Thai government or state‑enterprise bonds (or capital in a BOI‑promoted firm) may apply to own up to 1,600 m² (1 rai) of land once the investment is held continuously for at least five years

For high‑end buyers investing into luxury Phuket villas, this path remains a rare—but real—way to gain official ownership with proper legal structure.

2. BOI‑Promoted Company Ownership

Foreign juristic persons under BOI promotion (with minimum paid‑up capital of THB 50 million) may legally purchase land in Thailand, including Phuket—subject to strict use cases and size limits:

  • Up to 5 rai for office use

  • Up to 20 rai for residential use for operational staff (within 10 km of business site), with shared facilities

Property must be linked to the BOI‑promoted activity, and land ownership must be disposed of within one year if promotional status is lost

What These Routes Mean for Phuket Property Buyers

  • Prescribed Investment offers direct ownership by a foreign individual—but only with significant capital and long-term financial commitment.

  • BOI route works if you’re investing in a substantial business project in Phuket, with administrative obligations and use‑case restrictions.

  • Both options far exceed simple condo or leasehold options in complexity—but they are fully legal and recognized by Thai authorities.

Why Most Buyers Still Choose Condo or Lease Options

  • Phuket Condominiums: Up to 49% foreign quota, simple process, secure freehold title.

  • Leasehold property: Registered 30-year leases or lease + superficies on villas, with low administrative cost and fewer legal complications.

Phuket Properties: What to Consider

  • Grand villa purchases over THB 40 million? Consider the Prescribed Investment path if you qualify.

  • Planning a business or hospitality project in Phuket? A BOI‑eligible entity might open up legal land ownership opportunity.

  • For most lifestyle buyers or retirees, standard legal routes (condo or lease) remain easier, faster, and safer.

Frequently Asked Questions

Can foreigners legally own land in Phuket through investment?

Yes — but only under specific legal provisions. Foreigners can own up to 1 rai (1,600m²) of land if they invest at least THB 40 million under Section 96 of the Land Code and meet all conditions.

How long must the investment be held under Section 96?

The prescribed investment must be maintained for a minimum of 5 years to remain eligible for land ownership.

What qualifies as a “prescribed investment”?

Approved investments include Thai government bonds, state enterprise bonds, unit trusts, or capital in a BOI-promoted company. Funds must be transferred in foreign currency and documented correctly.

What is a BOI-promoted company?

A company that receives approval from Thailand’s Board of Investment (BOI) to operate under specific sectors that benefit the Thai economy. If approved, the company may legally own land related to its business activities.

Can I use a BOI company just to buy a villa or residence?

No. The BOI scheme is for business purposes. The land must be used in accordance with the company’s promoted activity (e.g., offices, housing for staff). It cannot be used solely for personal residential purposes.

Are there easier ways to invest in Phuket property as a foreigner?

Yes. Most foreign buyers opt for condominiums (freehold) or villas via leasehold or lease + superficies structures, which are simpler and legally secure.

Next Steps & Property Links

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