Freehold vs Leasehold vs Thai Company: Property Ownership in Thailand
Back
07.03.2026
InDreams Journal

Freehold vs Leasehold vs Thai Company: Property Ownership in Thailand

Freehold, leasehold, and Thai company in Thailand: differences, associated risks, and which ownership format is suitable for condos, villas, or land purchases.

Freehold, Leasehold, or Thai Company: How Foreigners Can Safely Purchase Property in Thailand

For foreign buyers in Thailand, the question begins not with the area or budget, but with the ownership structure. This structure determines what you are actually purchasing: full ownership rights, long-term use, or a property registered through a legal entity. In practice, the choice almost always boils down to three schemes: freehold, leasehold, and Thai company.

Summary

When it comes to an investment or personal condo, freehold is often the most straightforward and understandable option. If you are purchasing a villa or house, leasehold typically becomes the working format. A Thai company is only sensible where control over land or project structure is genuinely needed, and only after a separate legal review.

Freehold: The Most Understandable Format for Condominiums

Freehold means that ownership rights are registered directly to the buyer. For foreigners, this format is only available in condominiums and only within the foreign quota of the building. This is why freehold is generally considered the strongest and most liquid form of ownership: such a property is easier to resell, transfer by inheritance, and include in a long-term investment strategy.

However, freehold has practical limitations. Firstly, it does not apply to land and most villas. Secondly, in popular complexes, the quota may already be filled. Therefore, a good freehold property often sells faster than a comparable leasehold.

Leasehold: The Standard Scheme for Villas and Houses

Leasehold in Thailand is typically structured around an initial term of 30 years with an option to extend. This is not ownership of the land, but a registered right of long-term use. For a villa buyer in Phuket, this is a normal market tool, not a default compromise.

The main advantage of leasehold is that it opens access to formats that cannot be registered in freehold by foreigners. The main disadvantage is that extensions beyond the initial 30 years rely on contractual arrangements rather than automatic government guarantees. Therefore, the quality of the contract and the structure of the deal are more important here than attractive marketing.

Thai Company: A Tool Not for the Average Buyer

Purchasing through a Thai company is utilized when the task goes beyond a typical residential transaction. For example, when buying land, consolidating multiple assets into one structure, or following a development logic. Formally, this path is possible, but it is more complex to manage, more expensive to administer, and sensitive to the quality of corporate setup.

If a buyer considers a Thai company solely because it was sold to them as an easier option for a villa, that is already a reason to pause and reassess the motivation behind the transaction. For the typical private client, this format rarely becomes the first and best choice.

What to Choose in Practice

For condos intended for rental, resale, or personal use, it is usually wiser to start with freehold. For a villa intended for living or a long-term family scenario, leasehold is often more suitable, provided the contract is well-structured and the project is reliable. A Thai company should only be considered when it is essential to solve an asset-related task and the buyer has strong legal support.

InDreams Position

In Phuket, there is no one-size-fits-all ownership scheme. A safe structure always depends on the type of property, the purpose of the purchase, budget, ownership horizon, and the quality of documents. Therefore, the correct logic here is simple: first determine the transaction scenario, then select the ownership structure accordingly, not the other way around.

This material is for informational purposes only and does not replace individual legal consultation for specific transactions.

If you are choosing between freehold, leasehold, and Thai company for a real property in Phuket, the InDreams team can help you align the transaction structure, purchase goals, and legal risks before making a deposit.

Anna Baranova
Written by
Anna Baranova
CEO
Anna Baranova is the founder and CEO of InDreams Phuket. Since 2009, she has been helping international clients find their perfect property in Phuket. Deep expertise in investment properties, premium villas, and condominiums. Fluent in Russian, English, and Thai.

Frequently Asked Questions

Can foreigners own freehold property in Thailand?
Foreigners can own condominium units freehold, registered in their name at the Land Department. However, foreign freehold ownership is limited to 49% of total unit space in any condominium building. Houses, villas, and land cannot be owned freehold by foreigners.
Is a 30-year leasehold safe?
A properly structured leasehold registered at the Land Department is legally enforceable for 30 years. Extensions beyond 30 years are not guaranteed by law but are standard practice. Ensure the lease agreement includes renewal clauses and is registered on the title deed.
What is a Thai company structure for property?
A Thai limited company can own land and property. The company must have at least 51% Thai shareholders. The foreigner typically holds 49% of shares plus directorship with full management control. This structure is legal but requires proper setup and annual compliance.
Which ownership type has the best resale value?
Freehold condos typically have the best resale value as they can be sold to both Thai and foreign buyers. Leasehold properties may depreciate as the remaining lease term decreases. Thai company properties can be sold by transferring company shares.
What are the annual costs for each ownership type?
Freehold: only property tax (0.02-0.1%). Leasehold: same property tax plus any ground rent. Thai company: property tax plus annual accounting fees ($500-$1,500), corporate tax filing, and potential director fees.
Can I convert leasehold to freehold?
For condominiums, you cannot convert leasehold to freehold unless foreign quota becomes available (below 49%). For houses/villas, conversion to freehold is not possible for foreigners under current Thai law.
What happens to my leasehold property after 30 years?
When the initial 30-year lease expires, renewal depends on the contract terms and the willingness of the landowner. Well-drafted leases include renewal options. If not renewed, the property reverts to the landowner, though improvements may need compensation.
Is the Thai company structure legal?
Yes, using a Thai company to hold property is legal. However, nominee shareholder arrangements (where Thai shareholders have no real stake) are technically illegal under the Foreign Business Act. Ensure the Thai shareholders are genuine and the company has legitimate business purposes.