Guide
Buying property in Phuket as a foreigner: the 2026 guide
Yes, foreigners can buy property in Thailand, with clear limits. You can own a condo outright. You cannot own land, so villas are bought on a lease or through a structure that needs careful legal checking. This guide walks through the process as Khun Mark runs it for overseas buyers in Phuket, with the real costs and the checks that matter.
Updated 27th October 2026 · 9 min read
The short answer
- Condos: you can own a unit on foreign freehold title, provided total foreign ownership in the building stays within 49% of the saleable floor area, and you bring the purchase money into Thailand from overseas in foreign currency.
- Land: foreigners cannot own land in their own name.
- Villas and houses: you can own the building itself, and lease the land on a registered lease of up to 30 years.
- Thai companies: a Thai company can own land, but foreigners can hold only a minority stake, and using Thai nominee shareholders is illegal.
- Investment route: Thai law allows a foreigner who invests at least ฿40,000,000 in approved assets to apply to hold up to one rai (1,600 sqm) of land for residence. In practice approvals are rare.
Two proposals have been in the news since 2025: raising the condo foreign quota to 75% in some areas, and extending land leases to 99 years. Neither had been passed into law at the time of writing. Do not buy on the strength of a proposed change.
Step 1
Decide what you can own
Start with the ownership type, not the property. It shapes everything that follows: which homes you can consider, what you will pay in fees, and what you can sell later.
If you want the most straightforward ownership, buy a condo on foreign freehold. If you want a pool villa, accept that your security comes from a well-drafted, registered lease and from owning the building. The freehold vs leasehold guide explains each structure in detail.
Step 2
Set a budget that includes the costs
Most purchases in Thailand are cash. Thai banks rarely lend to foreign buyers who are not resident and working in Thailand, so most buyers pay from savings or borrow against assets at home.
Then add the transfer costs. On a resale, the taxes and fees at the Land Office are:
| Cost | Rate | Usually paid by |
|---|---|---|
| Transfer fee | 2% of the government appraised value | Often split 50/50, but negotiable |
| Specific business tax | 3.3% of the higher of appraised value or sale price, if the seller has owned the property for less than five years | Seller |
| Stamp duty | 0.5% of the higher of appraised value or sale price, only where specific business tax does not apply | Seller |
| Withholding tax | Individual seller: progressive rates on the appraised value, after a deduction for years held. Company seller: 1% of the appraised value or registered sale price, whichever is higher | Seller |
| Lease registration (villas) | 1% of the total lease rent, plus 0.1% stamp duty | Negotiable, often buyer |
Everything in that table is negotiable between buyer and seller, and developers often set their own terms. Some new projects offer to split or cover transfer costs. Get the split written into the contract.
Also budget for:
- Legal fees. An independent property lawyer for due diligence and contract review. Published 2026 benchmarks put legal fees at about ฿25,000 to ฿80,000 for a foreign buyer's freehold condo purchase and ฿25,000 to ฿70,000 for a villa leasehold, with due diligence alone at about ฿15,000 to ฿40,000.
- Common area fees and sinking fund. Condos and gated estates charge annual fees per square metre, and many collect a one-off sinking fund contribution on purchase.
- Furnishing and handover. Many resale homes are sold furnished. New builds may not be.
- Annual land and building tax. Thailand's Land and Building Tax applies to property owners. Rates on residential property are low, but check the bill with the seller and the local office.
- Currency transfer costs. Bank and exchange charges on large international transfers add up.
Step 3
Shortlist and view
Phuket's market is fragmented. The same home can appear on several portals at different prices, some listings are long out of date, and many of the best villas sell privately.
If you are here, view in person, at different times of day. Check the road noise, the drive to the beach and the school, and what is being built next door. If you are not here, this is where the property sourcing service helps (see below).
Step 4
Reserve the property
Once you agree a price, the seller or developer will usually ask for a reservation deposit and a short reservation agreement. This takes the home off the market while your lawyer carries out due diligence.
Read the refund terms before you pay. Some deposits are refundable if due diligence finds a problem, others are not refundable at all. Ask for the refund conditions in writing and, where possible, pay the deposit to the lawyer's or developer's company account, never to an individual's personal account.
Step 5
Due diligence
This is the step that protects you. An independent lawyer, acting for you and not for the seller or developer, should check:
- The title deed. A Chanote (Nor Sor 4 Jor) is full title with a surveyed plot. Lesser documents carry more risk. The lawyer should search the deed at the Land Office for mortgages, leases, servitudes and disputes.
- The seller's right to sell. That the person or company selling is the registered owner, or properly authorised.
- The foreign quota (condos). A letter from the building's juristic person confirming there is foreign quota available for your unit.
- Debts on the unit (condos). A letter confirming common area fees are paid up. The Land Office will not register the transfer without it.
- Permits and zoning. Building permits, zoning compliance, and for larger condo projects the environmental impact assessment.
- Access. That the property has legal road access. Plots reached over someone else's land need a registered servitude.
- The developer (off-plan). Their track record, finished projects, how payments are protected, and what happens if construction is late.
- Any company structure. If a villa is held through a Thai company, who the shareholders are and where their money came from.
For new builds, add a snagging inspection before handover. The inspection, overseen by a project manager, produces a photo report in English so defects are fixed before you make the final payment.
Step 6
Sign the sale and purchase agreement
Your lawyer reviews or drafts the contract. For a resale, it sets the price, the deposit, the transfer date, who pays which transfer costs, and what is included. For off-plan, it sets the payment schedule against construction stages, the completion date, penalties for delay and the specification.
For a villa on leasehold, there are usually several documents: a lease of the land, a sale of the building (or a superficies right over the land), and sometimes an agreement covering renewal options. Make sure they work together.
Step 7
Send the money from overseas
For a foreign freehold condo, the law requires the purchase money to come into Thailand from abroad in foreign currency. Send it from your own overseas account, in foreign currency, to a Thai bank account, and state the purpose as purchase of a condominium unit.
The receiving bank then issues a Foreign Exchange Transaction form, known as an FET (formerly the Tor Tor 3). For transfers above USD 50,000 equivalent, the bank issues it as standard. For smaller transfers, ask the bank for a credit advice letter or FET. The Land Office needs this document to register you as a foreign owner, and you will want it when you sell and send the money home.
Step 8
Transfer at the Land Office
The transfer takes place at the Phuket Land Office, or the relevant branch for the district. The buyer and seller, or their representatives under power of attorney, attend. Costs are paid, the transfer is registered, and the deed is endorsed in your name. For a villa, the lease is registered against the land title at the same time.
Many overseas buyers do not attend. With a properly prepared power of attorney, your lawyer can complete the transfer for you.
Step 9
After completion
- Collect the title deed or registered lease, plus the FET and all receipts. Keep them safe: you will need them when you sell.
- Transfer utilities and register with the juristic person or estate management.
- Apply for a yellow house book (Tor Ror 13) if you want a registered address.
- Decide how the home will be looked after when you are away, and whether you will let it.
How long does it take?
Published guides put a freehold condo purchase at roughly four to eight weeks from agreement to transfer (two to four weeks of due diligence, one to two weeks for contracts, then registration at the Land Office), and a leasehold villa at roughly six to twelve weeks.
As a general guide, a resale condo with clean paperwork moves quickly once due diligence is done and the money has arrived. Villas take longer because there are more documents to draft and register. Off-plan purchases run to the construction schedule, which can be a year or more.
How the sourcing service helps
Buying from overseas is hard when you cannot be here to view. Khun Mark acts as your consultant on the ground in Phuket.
- He takes your brief and searches the market, including homes that are not on the portals.
- He attends viewings for you, assesses condition, rental potential and resale value, and rules out anything that does not stack up.
- You receive an honest, narrowed-down shortlist with photos, video and his view on each home.
- He helps you negotiate and puts you in touch with an independent lawyer for due diligence.
- A snagging inspection can be arranged before handover.
Khun Mark can talk you through the sourcing service on a call.
Questions
Frequently asked questions
Can foreigners buy property in Phuket, Thailand?
Yes, with limits. Foreigners can own a condo outright on foreign freehold title within each building's 49% foreign quota. Foreigners cannot own land, so villas are usually bought on a registered lease of up to 30 years with ownership of the building.
Can I buy a house in Thailand for $30,000?
Not in Phuket. A house includes land, which foreigners cannot own, and prices on the island are far higher.
How long can you stay in Thailand if you own property?
Owning property does not give you a right to live in Thailand. You still need a visa, such as Thailand Privilege, the Long-Term Resident (LTR) visa, a retirement visa or the Destination Thailand Visa. The moving to Phuket guide compares them.
Who pays the transfer fees in Thailand?
It is negotiable. The 2% transfer fee is often split equally, while the seller usually pays specific business tax or stamp duty and withholding tax. Put the agreed split in the contract.
Do I need a lawyer to buy property in Phuket?
It is not a legal requirement, but Khun Mark strongly recommends one. Your lawyer should be independent of the seller and the developer.
Can foreigners get a mortgage in Thailand?
It is rare. Thai banks seldom lend to non-resident foreigners, so most buyers pay cash or borrow at home.
This is general guidance, not legal advice.
Buying from overseas?
Let Khun Mark be your eyes and ears in Phuket. He can talk you through the sourcing service on a call.
