Frequently Asked Questions
The questions buyers and owners ask us most often about property in Phuket, from foreign ownership rules and transfer taxes to letting a villa out when you are not using it. If your question is not answered here, talk to us directly and we will give you a straight answer.
Ownership and structure
Can foreigners buy property in Phuket?
Yes, within defined limits. A foreign buyer can own a condominium unit freehold in their own name, provided the building still has room in its 49 percent foreign quota. Land cannot be held freehold by a foreign individual, so villas are normally structured as a registered long lease or through a Thai company. We tell you which route applies to a property before you commit to anything.
What is the difference between freehold and leasehold?
Freehold means the title is registered in your name at the Land Department and is yours to sell, let or pass on. Leasehold means you hold a registered right to use the property for a fixed term, most commonly 30 years, usually written with agreed renewal terms. Both are normal in Phuket, and the right choice depends on the property, your timeline and your exit plan.
How does the 49 percent condominium foreign quota work?
A registered condominium may sell up to 49 percent of its total saleable floor area to foreign buyers in freehold. The remaining 51 percent is held by Thai nationals or Thai companies. Before you reserve a unit we confirm the current quota position in writing with the juristic person, because a building already at its limit can only offer you a leasehold.
Can I own a villa as a foreign buyer?
Not the land itself in your own name. In practice buyers use a registered long lease over the land, often combined with ownership of the building itself, or a properly constituted Thai company where there is a genuine commercial purpose. Nominee shareholder arrangements are illegal in Thailand, and we do not arrange them.
Money, tax and costs
How do I transfer the money for a purchase?
Funds for a freehold condominium must arrive in Thailand from overseas in foreign currency and be converted to Thai baht here. Your Thai bank then issues the Foreign Exchange Transaction record for the incoming amount, which the Land Department requires to register the unit in a foreign name. Send the money in your own name and state the purpose as a property purchase.
What taxes and fees apply on a transfer?
The Land Department transfer fee is 2 percent of the appraised value. Depending on how long the seller has held the property, either specific business tax at 3.3 percent or stamp duty at 0.5 percent applies, together with withholding tax on the seller. Who pays what is negotiable, and splitting the transfer fee evenly is common. We set out the full figure for your specific deal before you sign.
What are the ongoing costs of owning here?
Budget for common area fees, charged per square metre per month in condominiums and per villa in managed estates, plus a one time sinking fund contribution at purchase. Villas add pool and garden maintenance, insurance and utilities. Annual land and building tax applies at a low rate for residential use.
The buying process
How long does a purchase take?
A resale condominium with clean title and funds ready usually completes in four to eight weeks from an accepted offer. Villas and leasehold structures take longer, because lease registration and the extra due diligence add steps. Off plan follows the developer's construction schedule, with payments staged against it.
What due diligence do you carry out?
We check the title deed and its history at the Land Office, confirm the seller's authority to sell, look for mortgages, servitudes and access rights, and verify building permits and the foreign quota position where relevant. For off plan we look at the developer's completed projects, the land title behind the scheme and the payment schedule. We work alongside an independent Thai lawyer, not one appointed by the seller.
Is buying off plan safe?
It can be, with the right checks. Look at what the developer has already completed and handed over, whether the land title is clean and unencumbered, whether payments are tied to construction milestones, and what the contract says if the building is late or never finished. Escrow is available in Thailand but is not compulsory, so it is worth asking for it.
Do I need to be in Phuket to buy?
Not for the whole process. Viewings can be done by video, and documents can be signed under a properly drafted power of attorney if you cannot attend the Land Office transfer in person. Most buyers still visit at least once before committing.
Living, letting and returns
Does buying property give me a visa or residency?
No. Owning property in Thailand carries no residency right on its own. Buyers commonly hold a Long Term Resident visa, a Thailand Privilege membership, a retirement extension or a business visa, and each is assessed on its own criteria. We can introduce you to advisors who handle the application.
Can I rent the property out when I am not using it?
Usually yes, though the terms matter. Many condominiums and villa estates run a rental programme with the developer or an appointed manager, and some restrict short stay letting under building rules or Thai hotel licensing. Rental income earned in Thailand is taxable. We confirm what a specific building or estate allows before you buy on the assumption of income.
What rental returns should I expect?
It depends on the location, the type of property and how the letting is managed, so treat any single headline number with caution. Occupancy in Phuket is strongly seasonal, with the high season running roughly from November to April. We will show you the actual booking history or the manager's projections for the property in question rather than a generic figure.
Working with us
Which parts of Phuket do you cover?
We work across the west coast luxury corridor: Bang Tao, Laguna, Cherngtalay, Layan, Kamala and Surin. We take instructions elsewhere on the island where we genuinely know the market, and if a property sits outside the areas we cover properly, we will say so and point you to someone who does.
What do you charge buyers?
Nothing on a standard purchase. Agency commission in Phuket is paid by the seller or the developer, and it is disclosed to you. If you ask us to take on work outside a normal sale, such as a search mandate or project management, we agree that separately in writing before we start.
Still have a question? Every property and every buyer is different, so tell us what you are planning and we will give you a specific answer rather than a general one.
Contact us