FORMS OF OWNERSHIP
when buying a villa in Phuket
Какие формы собственности есть в Таиланде
There are many myths associated with owning a villa in Thailand. Many people unfairly believe that a foreigner cannot buy a villa here as full ownership. There are two forms of ownership in Thailand.
Full ownershipFreehold

Freehold is an unconditional form of ownership which transfers all rights of possession and disposition of the property in perpetuity. This means that the owner may dispose of his villa as he wishes (sell, donate, rent, inherit, etc.) without anyone's permission. Freehold ownership is evidenced by a document (Chanot) which is issued by the Land Office of the Kingdom.

Long-term leasehold – Leashold

A leasehold is a form of ownership which is time limited (90 years). A leasehold may also be resold, given as a gift, leased, left as an inheritance or be used for the remaining years. The document proving lishhold ownership is also the Chanot, which states the term of the contract.


A leasehold is similar to a long-term lease, but fundamentally different. The object of the leasehold, for the term of the contract is fully owned by you and you can do with it whatever you like, including renovating, remodeling, selling, etc. Your title is guaranteed by Thai law. Also, the lishold properties are very attractive for those who want to invest their money in real estate, as their market value is usually 5-10% lower than the freehold.

Full ownershipFreehold

Freehold is an unconditional form of ownership which transfers all rights of possession and disposition of the property in perpetuity. This means that the owner may dispose of his villa as he wishes (sell, donate, rent, inherit, etc.) without anyone's permission. Freehold ownership is evidenced by a document (Chanot) which is issued by the Land Office of the Kingdom.

Long-term leasehold – Leashold

A leasehold is a form of ownership which is time limited (90 years). A leasehold may also be resold, given as a gift, leased, left as an inheritance or be used for the remaining years. The document proving lishhold ownership is also the Chanot, which states the term of the contract.


A leasehold is similar to a long-term lease, but fundamentally different. The object of the leasehold, for the term of the contract is fully owned by you and you can do with it whatever you like, including renovating, remodeling, selling, etc. Your title is guaranteed by Thai law. Also, the lishold properties are very attractive for those who want to invest their money in real estate, as their market value is usually 5-10% lower than the freehold.

In the process of buying a villa, the house and land are considered separately - the building itself can be registered to a non-resident of Thailand in both freehold and leasehold. However, there are exceptions to this rule.
However, there are exceptions to this rule. Plot still can be purchased in full ownership, but the transaction must be executed in the legal entity – a company in which a minimum of 51% of shares owned by a Thai citizen.
Buying a property in the legal entity
You can buy property in Thailand for a legal entity in two ways.
Register a new company

Under Thai law, a foreigner can only own 49% of the company. Accordingly, it is necessary to bring in Thai nationals as shareholders. As a rule, several locals are involved or securities with a smaller "weight" are transferred to them so that the foreign owner's vote is decisive.

Buy the existing firm, which already owns real estate

In this case, the transaction takes place through a change of shareholders, after which the foreigner will own the property, which is on the balance sheet of the firm. Most of the new villas from developers are bought this way, the developer beforehand opens a company, and during the transaction - re-register them to the buyer.

Register a new company

Under Thai law, a foreigner can only own 49% of the company. Accordingly, it is necessary to bring in Thai nationals as shareholders. As a rule, several locals are involved or securities with a smaller "weight" are transferred to them so that the foreign owner's vote is decisive.

Buy the existing firm, which already owns real estate

In this case, the transaction takes place through a change of shareholders, after which the foreigner will own the property, which is on the balance sheet of the firm. Most of the new villas from developers are bought this way, the developer beforehand opens a company, and during the transaction - re-register them to the buyer.

What form of ownership should I choose?

It all depends on your goals and priorities.

We will be happy to help you make the right choice by providing all calculations and a table of pros and cons for specific properties. We will also be happy to advise you on any questions you may have regarding the purchase of a property in Phuket and to guide you through the entire process, using qualified lawyers if necessary.
Your trusted partner in the Phuket real estate world