The most common question from American buyers evaluating Phuket is also the most fundamental: can I actually own this? The answer is yes — but the structure of that ownership determines your legal security, your ability to sell, your ability to pass the asset to heirs, and your exposure to Thai legal risk.
Structure 1 — Condo Freehold
Under the Thai Condominium Act, foreigners can own condo units outright in their personal name. Full Chanote title deed, no expiry, no Thai partner. The 49% foreign quota means foreigners can collectively hold a maximum of 49% of total saleable floor area in any building. To register freehold title, you must prove the purchase funds were transferred from abroad in foreign currency — your Thai bank issues a Foreign Exchange Transaction (FET) form. Keep this permanently.
Structure 2 — Leasehold Villa
Most luxury villas in Phuket are sold on registered leasehold: a 30-year lease on the land registered at the Land Department, plus freehold ownership of the structure. The lease must be registered — an unregistered leasehold is only enforceable against the current landowner. The 30+30+30 structure (initial 30-year registered term plus two contractual renewal options) is the market standard. The 2024 BOI reform allows 99-year leases for qualifying developments.
Structure 3 — Thai Company Nominee (Illegal)
Some developers suggest holding freehold land through a Thai company with Thai nominee shareholders. This arrangement is explicitly prohibited under the Thai Land Code Act and Foreign Business Act. Thailand actively prosecutes nominee structures as of 2025. Criminal exposure — not just civil risk. Do not use this structure.
The Chanote Title
Chanote (Nor Sor 4 Jor) is the highest land title grade in Thailand: GPS-surveyed, publicly registered, fully transferable. For any purchase, verify the underlying land has Chanote title. Your independent Thai lawyer does this at the Land Department (3–7 business days). Do not accept verbal assurances from any developer or agent.
Can I buy a Phuket villa in my own name?
You can own the villa structure in your name through a leasehold. You cannot own the land beneath it in your personal name under Thai law. The registered leasehold structure is how thousands of foreign buyers legitimately hold Phuket villas.
Is a leasehold villa as secure as freehold?
A properly registered leasehold from a reputable developer with well-drafted renewal provisions is legally sound. The 2024 BOI 99-year reform eliminates the renewal risk for qualifying developments. Your independent lawyer reviews renewal provisions before signing.
Licensed CT real estate professional, Berkshire Hathaway HomeServices New England Properties. Founder of Safe Havens for Americans. More →