How To Buy Property In Thailand As A Foreigner [2026 Update]

Key Highlights

• Foreigners cannot own land directly in Thailand, but they can legally own buildings and condominium units.
• Freehold condominium ownership is the most straightforward option, subject to a 49% foreign quota per project.
• Landed villas are structured as freehold ownership of the building itself, with the land held on a 30-year registered lease.
• Thai law treats land and buildings as separate assets, which is what makes freehold villa ownership possible for foreign buyers.
• Nominee shareholder structures are illegal and actively enforced against.
• When buying from Banyan Group Residences, registration costs include a 2% registration fee on freehold purchases and 1.1% for registering a lease.
• Phuket is one of Thailand’s top destinations for foreign property investment due to strong rental demand and infrastructure growth.
• Banyan Group Residences offers a portfolio of residences in Phuket structured with foreign buyers in mind, including Sanctuary Club membership and rental management through Banyan Living.

International buyers are flocking to Thailand’s real estate market, making it one of Southeast Asia’s most appealing, as evidenced by the data. Annually, numerous foreigners acquire properties, spanning from Bangkok’s freehold condos to opulent Phuket villas on the Andaman coast. What attracts them is a rare mix of affordability compared to Western markets, high rental returns supported by a tourism sector that hosted close to 33 million visitors in 2025, and a lifestyle unmatched by most other nations.

For buyers with their sights set on a private beach villa in Phuket, the opportunities are significant once you know the rules. This guide explains how to buy property in Thailand as a foreigner step by step, covering legal ownership structures, transaction costs, common pitfalls, and why Phuket remains the top destination for foreign property investment.

Can Foreigners Buy Property in Thailand?

So, can foreigners buy property in Thailand? The short answer is yes, but with important limitations. Under the Thai Land Code Act, foreigners cannot directly own land. However, foreigners can legally own buildings and structures.

This distinction is the foundation of every legal pathway available to international buyers. Thailand does not follow the principle, common elsewhere, that whatever is built on a plot automatically belongs to whoever owns the plot. Land and buildings are treated as two separate assets, each capable of being owned or held independently of the other.

That single point is what makes freehold villa ownership possible for a foreign buyer. You can hold outright title to the house in your own name while the land beneath it is held under a registered lease. The key is choosing the right ownership structure for the type of property you want.

Legal Ownership Options for Foreign Buyers

Ownership structure varies by property type. The four structures below cover the options available across Banyan Group Residences developments in Thailand.

Freehold Condominium Ownership

This is the simplest and most direct route. Under the Thai Condominium Act (B.E. 2522), foreigners can own a condominium unit outright in their own name. The main requirements include:

• A maximum of 49% of a condominium’s total unit area can be foreign-owned, with 51% reserved for Thai nationals
• Purchase funds must be transferred from overseas in foreign currency, and the buyer must obtain a Foreign Exchange Transaction Form (FET) from the receiving bank
• Owners receive a government-issued title deed and have full rights to sell, transfer, lease, or pass the unit to heirs

Freehold condo ownership gives foreign buyers the same legal protections as Thai nationals for that unit.

Leasehold Condominium Ownership

Where a project’s foreign freehold quota is fully taken up, the remaining units are available on a renewable leasehold basis, currently for a maximum registered term of 30 years and extendable as permitted by law. The lease is registered with the Land Department, which gives the lessee’s rights over the unit formal legal recognition. Leasehold units may be transferred, subject to the terms of the lease agreement and the incoming lessee accepting those terms.

Freehold Building with Leasehold Land (Landed Villas)

This is the structure used for landed private residences, and it is where the separation between land and buildings under Thai law becomes valuable.

• The villa itself is purchased freehold. It is registered in the buyer’s own name.
• The land is held on a renewable leasehold basis, registered with the Land Department, currently for a maximum term of 30 years and extendable as permitted by law.
• Thai buyers may purchase the land freehold once the land subdivision is completed.

The result for a foreign buyer is direct ownership of the home, with the land held on a registered lease that carries formal legal recognition once entered at the Land Department. Leasehold land may be transferred, subject to the terms of the lease agreement.

Villas that form part of a hotel or resort operation follow the same structure, with one difference: because the land forms part of the wider resort, it is available on a leasehold basis only, with no freehold land option.

Leasehold Apartments in Hotel-Managed Residences

Apartments within hotel-managed residences are offered on a leasehold basis, registered with the Land Department for a maximum term of 30 years with an option for renewal. These units are managed as part of the resort, which means a standardised configuration, a specified furniture and amenities package, and rentals conducted exclusively through the hotel. In exchange, owners access a structured rental programme with quarterly distributions.

What Foreign Buyers Should Avoid

Understanding how to buy property in Thailand as a foreigner also means knowing what not to do. There are three common traps:

• Nominee shareholder structures involve setting up a Thai company with Thai nationals holding shares on the foreigner’s behalf. This is illegal under both the Land Code Act and the Foreign Business Act, and Thai authorities have increased enforcement in recent years.
• “90-year lease” claims are misleading. Only the initial 30-year lease term is legally enforceable. Additional renewal periods depend entirely on the willingness of the lessor and are not protected by law.
• Shell companies created solely to circumvent foreign land ownership restrictions are treated the same as nominee structures and carry serious legal risk.

Costs and Fees When Buying From Banyan Group Residences

The figures below are the registration costs and taxes that apply to a purchase from Banyan Group Residences, payable to the Land Department on registration.

For freehold purchases (land, buildings, or condominium units)

• Registration fee: 2% of the government appraised value
• Corporate Income Withholding Tax: 1% of the selling price or appraised value, whichever is higher
• Specific Business Tax: 3.3% of the selling price or appraised value, whichever is higher

For leasehold registrations (land or units)

• Lease registration fee and stamp duty: 1.1% of the lease premium

The appraised value is the figure determined by Thailand’s Treasury Department and is typically lower than market value. How these costs are allocated between the parties is set out in the relevant contract. All rates stated are current at the time of writing and may be subject to change.

A note on resale purchases: the rates above apply to a purchase from the developer. Buying from a private seller on the resale market is treated differently. Where the seller is an individual rather than a company, withholding tax is calculated on a personal progressive scale, and Specific Business Tax applies only where the seller has owned the property for less than five years, with stamp duty applying instead beyond that point. These are general features of Thai property transactions rather than terms offered by Banyan Group Residences, and anyone buying on the resale market should have the figures confirmed by a qualified Thai property lawyer before committing.

Why Phuket Is a Top Choice for Foreign Buyers

Can foreigners buy property in Thailand and find strong investment returns? Phuket consistently proves they can. The island attracts millions of tourists annually, driving demand for short-term and long-term rentals. Key factors that make Phuket appealing include:

• A well-established tourism market that supports year-round rental occupancy
• Ongoing infrastructure upgrades, including road improvements and expanded healthcare and education facilities
• A growing international community with world-class schools such as the British International School Phuket and Headstart International School
• Proximity to Phuket International Airport, connecting the island to major cities across Asia, the Middle East and beyond

For buyers looking at premium beachfront properties, Phuket’s west coast, particularly the Bang Tao Beach area, offers some of the most desirable real estate on the island.

How Banyan Group Simplifies Foreign Ownership

Banyan Group Residences is one of Thailand’s most established developers for international buyers. Founded in 1984, Banyan Group operates distinguished resorts, golf courses, spas, and residential developments across multiple countries. Our properties within Laguna Phuket, one of Asia’s premier integrated resort communities, are specifically structured with foreign ownership pathways in mind.

Owners of Banyan Tree, Angsana, Cassia, or Laguna properties receive complimentary membership to the Sanctuary Club, a private recognition program. Sanctuary Club members enjoy 30% discounts on the best available rates at Banyan Group hotels worldwide, complimentary stays at their own units, access to a Global Holiday Exchange Programme (where owners can trade 15 entitlement days for stays at other Banyan Group destinations), and invitations to pre-opening and trial stays at new resorts. A centralized, multilingual owner services team manages all bookings and requests.

For owners interested in generating rental income, Banyan Living provides professional property management with global marketing reach, a central reservations platform, and strict quality and maintenance standards.

The Phuket portfolio spans a wide range, from stylish entry-level condominiums to ultra-luxury oceanfront villas, set within the 1,000-acre Laguna Phuket integrated resort. Four residences illustrate the span:

• Skypark Elara Lakelands Phuket: The entry point into the portfolio. One, two and three-bedroom condominiums at Laguna Lakelands, a self-contained community of forests and lagoons adjacent to Laguna Phuket. Residents have exclusive access to rooftop leisure facilities including a signature infinity-edge pool and an expansive outdoor terrace with a barbecue area, walking paths overlooking the forest and lagoons, plus the facilities of neighbouring Laguna Phuket.
• Bellaguna Lake Residences: A step up, and the first development under Bellaguna, the Group’s newest residential brand. Features five low-rise buildings arranged along a lagoon within Laguna Phuket, holding one, two and three-bedroom condominiums and two and three-bedroom penthouses with private rooftop pools. Each building is crowned by a communal rooftop infinity pool with private cabanas, and a signature boardwalk and dock connect residents directly to the resort’s shuttle boat network.
• Angsana Golf Residences Topaz: Spacious two and three-bedroom residences and penthouses in three curved low-rise buildings overlooking the fairways of Laguna Golf Phuket. Select ground-floor homes open directly onto landscaped tropical gardens, penthouses have private rooftop pools and alfresco dining terraces, and a signature ring-shaped rooftop pool gives 360-degree views across the golf course, the mountains and the Andaman Sea.
• Banyan Tree Beach Residences Aegir: The top of the range. Ultra-luxury four-bedroom oceanfront villas with 792 sqm of built-up area on 480 sqm plots, featuring private pools, jacuzzis, and multipurpose rooms. Located just moments from Bang Tao Beach.

These are four of more than twenty residences in Phuket, spanning the Banyan Tree, Angsana, Cassia, Garrya, Laguna, Bellaguna, Laguna Lakelands and Skypark brands, in configurations from studio condominiums through townhomes and penthouses to beachfront pool villas. The full collection is at banyangroupresidences.com/thailand/phuket.

Whatever the price point, every Banyan Group residence in Phuket rests on the same foundation: professional management by the developer, 24-hour on-site security, maintenance of all common facilities, and complimentary Sanctuary Club membership. Owners at Laguna Phuket also benefit from the Laguna Advantage programme, which includes complimentary first-year property management and insurance, membership at Laguna Golf Phuket, healthcare benefits through BDMS Chivawattana membership, and privileged access to RAVA Beach Club on Bang Tao Beach. Residences within Laguna Phuket sit alongside six resort hotels, signature spas, multiple restaurants and an assortment of recreational facilities, all linked by a complimentary shuttle bus and boat network; those at Laguna Lakelands enjoy the community’s own facilities alongside access to neighbouring Laguna Phuket. Owners across the portfolio can also place their property into professional rental management through Banyan Living.

Steps to Buying Property in Thailand

For anyone learning how to buy property in Thailand as a foreigner, the process follows a clear sequence:

1. Research the market and identify which ownership structure suits your goals (freehold condominium, leasehold condominium, or a freehold villa with leasehold land)
2. Hire a qualified Thai property lawyer whose loyalty is solely to you as the buyer
3. Conduct due diligence through your lawyer, including title deed verification (Chanote check), foreign quota confirmation for condominiums, and permit verification
4. Transfer funds from overseas in foreign currency through proper banking channels and obtain the required FET form
5. Sign the Sale and Purchase Agreement, and the lease agreement where applicable, with legal counsel present
6. Register the transfer and the lease at the local Land Office to formalise ownership

Invest With Confidence in Phuket

Foreigners can and do own property in Thailand successfully every year. The legal pathways are well-established, and with the right legal guidance and an experienced developer, the process is straightforward. Working with a trusted name like Banyan Group Residences provides both legal clarity and access to some of Phuket’s most exclusive addresses.

To explore Banyan Group Residences and available properties, visit banyangroupresidences.com or contact our sales team directly.

Disclaimer: This article is for informational purposes only and does not constitute legal or financial advice. Thai property laws are subject to change. Always consult a qualified lawyer and conduct independent due diligence before making any property purchase in Thailand.