A foreigner cannot own land in Thailand outright. That single rule explains almost every Phuket ownership structure you’ll be offered. There are three that genuinely work — freehold condominium, registered leasehold, and a real operating company — and the difference between them is the difference between owning your home and renting a risk. Here’s what each actually gives you.
Freehold condominium — the one clean case
A foreigner can own a condominium unit outright, freehold, in their own name, as long as foreign ownership in the building stays within the 49% foreign quota. This is the simplest, strongest title a foreigner can hold in Thailand: your name on the unit, no lease to renew, no company to maintain. The catch isn’t legal, it’s practical — you’re buying an apartment, not a villa, and you’re subject to the building’s foreign-quota availability at the time of purchase.
Registered leasehold — you hold a right, not the land
For land and villas, the common legitimate route is a lease: you don’t own the land, you hold a registered right to use it, typically for 30 years, sometimes with renewal terms written into the contract. A lease registered at the Land Department is a real, recorded interest — but understand what it is. Renewal clauses are contractual promises, not guaranteed extensions, and their enforceability is exactly the kind of detail to check before you sign. A leasehold is weaker than freehold and stronger than a structure that only pretends to be ownership.
Operating company — legitimate only if it’s a real business
You can own land through a Thai company — and this is where the 2026 nominee enforcement lands. A company is a legitimate owner when it’s a genuine business: Thai shareholders who put up real capital, real control and economic interest, actual activity. It becomes a nominee arrangement — the illegal kind the June operation targeted — when the Thai shareholders are names holding shares for a foreign controller who supplied the capital and runs the company. The register looking “51/49” doesn’t decide this; capital, control, and genuine economic interest do.
Choosing between them
The honest ranking for security is: freehold condo, then registered leasehold, then a genuine operating company — with a nominee “company” not being an option at all, only a liability waiting for a complaint. Which fits depends on what you’re buying (unit vs. villa vs. land), how long you’ll hold it, and your appetite for maintaining a structure. Read the full mechanics in our guides to foreign property ownership in Thailand, freehold versus leasehold, the 30-year renewable lease, and Thai-company ownership and nominee risk. This compares the structures in general; the right choice for a specific property needs independent legal advice.