Phuket foreign land ownership laws are a topic that attracts attention from anyone exploring property in Thailand. While Phuket offers freehold condominium ownership and long-term lease options, foreigners cannot own land directly. These rules are not unique to Thailand, and a global comparison shows that Phuket’s restrictions align with many other countries in Asia. Understanding these laws, and how they compare internationally, is essential for understanding the legal framework and the secure options available.

Understanding Phuket Land Ownership Laws

Foreigners cannot directly own land in Phuket, but they do have clear legal options to secure property rights:

  • Foreign Freehold Condominiums – Up to 49% of the total saleable area in any registered condominium project can be owned outright in a foreigner’s name.

  • Leasehold for Houses and Villas – Long leases, usually 30 years with possible renewals, allow secure long-term use of land.

  • Thai Company Ownership – Land may be owned by a Thai company if it is a genuine operating business. Using nominee shareholders or shell companies is illegal.

  • Ownership of Buildings – While land itself cannot be held freehold, foreigners can register ownership of structures, such as villas or houses, in their own name.

This framework creates a system that is restrictive compared with Western markets but still offers legitimate, transparent options for participation in Phuket’s property sector.

Global Comparison: Phuket Foreign Land Ownership Laws

When comparing Phuket’s land ownership laws to other countries, it is clear that Thailand is not unusual. Across the globe, many countries impose restrictions on non-citizens owning land to protect national resources, prevent speculation, or maintain domestic control.

Here are some international examples of restrictions on foreign land ownership:

  • Mexico – Foreigners cannot own land within 50 km of the coast or 100 km of an international border.

  • India – Non-resident foreigners are not permitted to purchase land.

  • Vietnam – Land can only be leased long-term; freehold ownership is not possible.

  • Philippines – Condominiums may be owned by foreigners, but land cannot.

  • Indonesia (Bali) – Land ownership is prohibited; leaseholds or Hak Pakai (use rights) are the only options.

  • Singapore – Landed property is highly restricted, with approval required from authorities.

  • Malaysia – Foreigners may own land above certain price thresholds, particularly under the Malaysia My Second Home (MM2H) programme.

  • Switzerland – A strict quota system limits non-residents buying second homes.

  • Australia – From April 2025 to March 2027, foreigners are banned from purchasing established dwellings.

  • China – All land is state-owned, with leaseholds (20–70 years) granted instead.

  • Laos – Foreigners cannot own land, only lease it (often up to 30 years).

  • Sri Lanka – Direct ownership is prohibited, but leases of up to 99 years are available.

  • Belarus – Foreign civilians cannot own land and must rely on leases or rentals.

In this global context, Phuket foreign land ownership laws sit somewhere in the middle: more restrictive than Western markets but entirely consistent with many Asian jurisdictions that limit foreign ownership to protect domestic interests.

Why These Laws Exist in Phuket

Thailand’s land ownership restrictions are rooted in national policy. The aim is to protect local citizens, prevent excessive foreign control over land, and avoid speculative bubbles that could destabilise the economy.

In Phuket and other high-demand areas, enforcement has become stricter in recent years. Authorities regularly review Thai companies suspected of using nominee shareholders to hold land, with investigations common in Phuket, Samui, Pattaya, Chiang Mai, and Bangkok.

These safeguards are designed to balance foreign participation in the property market with the long-term protection of Thailand’s land resources.

For official information, see the Thai Government’s Department of Lands and its resources on condominium and land ownership law.

Risks of Using Workarounds

Some foreigners have tried to sidestep Phuket foreign land ownership laws by setting up shell companies or appointing Thai nominee shareholders. These approaches are illegal and come with serious risks:

  • Nominee shareholders violate Thai law and can trigger legal action.

  • Non-compliant companies may be dissolved, leaving foreigners with no control over the land.

  • Future legal changes could further restrict or penalise these structures.

Because of these dangers, safe and transparent alternatives, such as leasehold contracts or foreign freehold condominiums, remain the recommended paths.

Summary: Foreign Land Ownership Laws in Phuket

Phuket foreign land ownership laws are clear: land cannot be owned directly by foreigners, but secure alternatives such as freehold condominiums and leasehold agreements exist. These structures align with broader regional practices across Asia, where restrictions on foreign land ownership are the norm rather than the exception.

By understanding the legal framework and avoiding risky workarounds, foreigners can engage with Phuket’s property market confidently, knowing their rights are secure and recognised under Thai law.

FAQ: Phuket Foreign Land Ownership Laws

Can foreigners own land in Phuket?
No. Foreigners cannot register land directly in their name but can own freehold condos within the 49% quota or use leasehold agreements.

What alternatives exist if foreigners can’t own land?
Secure options include leaseholds (usually 30 years with renewals), freehold condos, and rights such as usufruct or superficies.

Is it legal to use a Thai company to hold land?
Only if the company operates as a genuine business. Nominee shareholders or shell companies are illegal and risky.

How do Phuket’s rules compare with other countries?
They are consistent with regional norms. Countries such as Vietnam, Indonesia, and the Philippines also restrict freehold ownership, while Malaysia offers limited access above price thresholds.

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Conclusion

Phuket foreign land ownership laws highlight how Thailand’s restrictions fit into a broader regional context. While foreigners cannot own land directly, safe and legal alternatives exist. Understanding the framework, and avoiding risky loopholes, ensures property rights are clear and secure.

Thailand’s restrictions are designed to protect national interests, but the country remains open to foreign participation in real estate. International developers, global hospitality brands, and foreign residents are all active in Phuket’s property market, operating within the legal frameworks provided.

Clarity on Phuket foreign land ownership laws helps every foreigner make informed decisions.

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.