Freehold vs leasehold in Thailand: which one fits your condo purchase

Freehold makes you the registered owner of your condo unit, for as long as you want to keep it. Leasehold gives you a registered right to use the unit for a fixed term, at most 30 years in Thailand, while someone else stays the owner.

For most foreign condo buyers, foreign freehold tends to be the stronger title. Leasehold still makes sense in some cases, for example when the building’s foreign quota is full. The table sets them side by side; below it come registration, renewal clauses, resale and costs.

Legal status as of 24 October 2026. This is general information, not legal advice. It draws on unofficial English translations and law firm commentary, so the Thai text of each law is the version that counts.

The difference in one paragraph

A condominium in Thailand is a building where each unit has its own title and the land and common areas belong to all owners together. Foreign freehold means freehold ownership within the foreign quota of the condominium: the unit’s title deed is in your name and you own it outright. Leasehold means a long lease of a unit owned by someone else (often the developer or a Thai owner), registered at the Land Office of the Department of Lands. With freehold you own an asset. With leasehold you own a contract.

Freehold in a condominium

The Condominium Act lets foreigners own condo units in their own name. The limit is the foreign quota: foreigners together may own up to 49% of the total unit area in a condominium. The quota is counted by floor area, not by the number of units, so it can be used up even when units remain unsold.

There is a second condition. Section 19 of the Act lists who may own; most foreign buyers qualify by bringing the purchase money into Thailand from abroad in foreign currency (the Act also accepts money withdrawn from a non-resident’s baht account or a foreign currency account). In the unofficial translation, the amount has to be at least the price of the unit (section 19 ter). The receiving bank issues a document confirming the transfer: law firms describe a Foreign Exchange Transaction (FET) form for larger transfers and a credit advice with a bank letter for smaller ones, so ask your bank which you will get. The Land Office asks for that document when it registers the transfer. Keep it, because you may be asked for it again when you sell.

When the transfer is registered, the Land Office records it on the condominium unit title deed, which from then on shows you as the owner. That document is what proves ownership. You can sell, let or bequeath the unit, within Thai law (including the rules on short-term letting), the building’s rules and the decisions of the owners’ juristic person.

Leasehold: term, registration and renewal clauses

How long can a lease be in Thailand?

Section 540 of the Civil and Commercial Code caps a lease of immovable property at 30 years. If a contract says longer, the term is reduced to 30 years. The same section allows a renewal, but again for no more than 30 years from the date of renewal.

Why registration matters

Under section 538, a lease longer than three years is enforceable for its full term only if it is in writing and registered by the competent official, which for property means the Land Office. An unregistered 30-year lease can be enforced for three years. Registration also puts the lease on the owner’s title, so anyone who checks the title can see it.

Registration protects you when the unit changes hands. Section 569 says a lease of immovable property is not ended by a transfer of ownership, and the new owner takes over the rights and duties of the old one towards you.

Reading a renewal clause

Many leasehold offers advertise “30+30” or even “30+30+30”. Treat that with caution. A law firm reported in 2025 that the Supreme Court (decision 4655/2566) held pre-agreed, prepaid renewals in an original 30-year lease to be void, because they were a way around the 30-year cap. The firm notes that renewals which reflect later circumstances may still be upheld. Renewal after the first term is possible, but treat it as a new agreement made at that time. ThaiLawOnline, a Thai law firm, adds that a renewal promise binds the owner who made it, not necessarily a later buyer of the unit.

In practice:

• price a leasehold on the first 30 years only;
• a renewal clause is at best a promise to negotiate, not a right you can rely on;
• ask who will be the owner when the term ends, and what happens if the owner dies or the company is wound up;
• check that the lease is registered, not only signed.

Can you transfer or sublet a lease?

Section 544 says the tenant may not sublet or transfer the lease without the owner’s agreement, unless the contract allows it. If you plan to sell your leasehold later or to let the unit, the lease has to say so clearly.

Selling and inheriting

Freehold. You can sell to anyone who can own the unit: a Thai buyer, or a foreign buyer while the building’s foreign quota allows it. Your heirs can inherit the unit, but the Condominium Act sets conditions for heirs who are foreigners. In the unofficial translation, a foreign heir who does not qualify to own under section 19 must notify the Land Office within 60 days and dispose of the unit within one year (section 19/7). Get a lawyer’s answer for your own family here; we cover the topic in a separate guide.

Leasehold. What you sell is the time left on the lease. A buyer who takes over a lease with 22 years remaining gets 22 years, not a fresh 30. Inheritance is the weak point. Thai courts have long treated a lease as a personal right that ends when the tenant dies. According to Tilleke & Gibbins, a 2016 Supreme Court decision (11058/2559) let a lease pass to the tenant’s heirs where its terms showed that the tenant’s identity was not essential, for example a fixed 30-year term with all the rent paid upfront and the right to sublet without the owner’s consent. A succession clause helps but is not a guarantee, so ask your lawyer to check what happens on your death before you sign.

Registration costs

Costs are paid at the Land Office when the transfer or the lease is registered. As of 24 October 2026:

• Freehold transfer: the transfer fee is 2% of the appraised value set by the Land Office, according to the 2025 Multilaw guide by Tilleke & Gibbins and to ThaiLawOnline. The guide says the parties share it equally unless they agree otherwise, so check what your contract says. A temporary cut to 0.01% runs until 30 June 2027, but according to ThaiLawOnline and HLB Thailand it covers only Thai individual buyers of homes up to THB 7,000,000. A foreign freehold buyer should budget for the standard rate and ask a lawyer to confirm it before transfer.
• Leasehold registration: the Land Office charges a registration fee on the lease, which ThaiLawOnline puts at 1% of the total rent for the whole term and describes as Land Office practice. Department of Lands procedure guides list the same rate, counting any key money as part of the rent. Stamp duty applies at 0.1% of the total rent and any key money for the whole lease period, according to the Revenue Department’s Stamp Duty Schedule. If the price of a leasehold unit is paid as rent for the full term, both charges are worked out on that amount; ask your lawyer how the lease you are offered is structured.

Fee cuts are announced for fixed periods, so check the end date and who qualifies with the Land Office or your lawyer before you budget. Our price list shows what applies at The Astra Samui.

Which one fits which buyer

Freehold usually fits you if you want to own the unit outright, plan to keep it for a long time, want to leave it to your family, or want the widest choice of buyers when you sell. You need to be able to send the money from abroad, and the building needs room in its foreign quota.

Leasehold can fit you if the foreign quota is full and you want a specific unit, you see the apartment as a home for a defined period, or you buy jointly with someone in a way that makes ownership harder. A lease shrinks, though: each year there is less of it to sell.

Is leasehold safe in Thailand? A registered lease is a recognised right protected by the Civil and Commercial Code. The risks sit in the details: an unregistered lease, renewal promises you cannot enforce, a lease that cannot be transferred, and an owner you know little about. A lawyer who reads the lease and checks the title at the Land Office can catch most of them before you sign.

Ownership options at The Astra Samui

The Astra Samui is a low-rise, resort-style condominium in Bophut, on Koh Samui. Ownership options, according to the developer:

• freehold; foreign buyers purchase freehold within the foreign quota
• leasehold is also available

Foreign freehold: the unit title deed is issued in the buyer’s own name. Leasehold: a registered 30-year lease. Renewal is not guaranteed.

For a freehold purchase, the transfer fee is set out in the developer’s terms. Transfer fee: 2%, split equally (1% paid by the buyer). Prices start from THB 3,687,000 (about €98,000, NBP average rate of 23 October 2026).

We are Varsovia Estate, the sales agent for The Astra Samui. We can show you which units are offered on which basis and send you the developer’s documents for your lawyer. Two related guides cover the foreign quota and what buying costs. You can also see how buying works step by step, choose your apartment or book a call to go through your options.