Leasehold, Superficies and Usufruct for Foreigners in Phuket: Villa Ownership Options and Risks

The basic rule

Under the Land Code, foreigners are generally prohibited from owning land in Thailand. Condominium units are the main exception, within a foreign ownership quota, and the condo guide covers that route. For villas and houses, legal guides describe rights over someone else's land instead of ownership of the land itself.

The main structures

• Registered leasehold: a lease of up to 30 years, which must be registered at the Land Office if it runs beyond three years. Thai law caps a lease at 30 years, and renewal is not automatic.
• Superficies: a registered right to own a building or structure on land owned by someone else. It can run for up to 30 years or for a lifetime, and guides describe it as the usual way a foreigner holds the villa itself on leased land.
• Usufruct: a registered right to use a property and take its income, for a fixed term or for life, often used when a foreign partner lives in a home owned by a Thai spouse. It is commonly described as a protection tool rather than ownership.
• Thai company: a company can own land, but guides stress it must be genuine, properly funded and actively trading.

Sources describe the most common villa set-up as a registered lease on the land combined with a superficies over the building.

30+30+30 and nominee warnings

Developers often marketed villas as 90-year tenure through a 30-year lease plus two promised 30-year renewals. Legal commentary reports that a 2025 Supreme Court ruling held that automatic renewals agreed at the start are not legally enforceable, so any extension beyond the first 30 years has to be negotiated or secured another way. Ask what happens at year 30 and get it in writing.

Setting up a Thai company with Thai nominee shareholders to hold land for a foreigner is described as illegal and actively enforced, and sources note stricter beneficial-ownership checks in 2026. If a seller or agent suggests it, walk away and take advice.

Before you buy

• Hire an independent lawyer whose loyalty is to you, not the developer or agent. See the legal help guide.
• Check the land title, registered rights and priority at the Land Office, and check who pays transfer fees and taxes.
• Understand the end of the term, resale rights, inheritance and what happens if the landowner sells or dies. See the wills guide.
• Use the Foreign Exchange Transaction form or bank documents for money brought into Thailand, as the money and banking guides explain.
• Compare costs and risks with a condo or a long-term rental. See the condo guide, the long-term rental pages and the renting guide.