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99-Year Lease in Thailand: Why the Limit Is Still 30 Years

Is a 99-year lease in Thailand legal? Not yet. Leases are capped at 30 years, 30+30+30 deals have failed in court, and only the EEC offers longer terms.

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99-Year Lease in Thailand: Why the Limit Is Still 30 Years
99-Year Lease in Thailand: Why the Limit Is Still 30 Years

A 99-year lease in Thailand is not available to ordinary property buyers. As of November 2026, Thai law still caps a registered lease of land or buildings at 30 years, the government has shelved the proposal to allow 99-year leases, and the Supreme Court has refused to enforce "30+30+30" deals sold as 90 years. For anyone buying a leasehold villa or condo in Phuket, the safe assumption is simple: you are paying for 30 enforceable years.

Marketing for Phuket villas still often mentions 60, 90 or 99 years. This guide explains what the law says today, what happened to the reform plans, and how buyers can protect themselves.

What does Thai law say about lease length?

Section 540 of the Civil and Commercial Code limits a lease of immovable property to 30 years. A contract written for a longer term is reduced to 30 years by law. A lease can be renewed when the term ends, but the renewed term also cannot exceed 30 years. Leases longer than three years must be registered at the local Land Office to be enforceable against third parties, such as a new owner of the land.

These rules were confirmed at a Russian-Thai investment forum in Bangkok on October 31, 2026, where Sitthichok Srimeechai of the Department of Land said the 30-year maximum remains in force, according to The Nation. He added that proposals to extend base terms to 50 years, or to allow renewals adding up to 90 years, had not gained traction.

What happened to the 99-year lease proposal?

A plan to allow 99-year leases, under which land would be transferred to the Treasury Department in exchange for long usage rights, was debated in 2025. In September 2025, Bhumjaithai deputy leader Siripong Angkhasakulkiat told reporters that the new government would not pursue it, citing its limited mandate and public debate over the idea, The Nation reported.

The property news site TPN (Thai Property Network) described the 99-year plan in October 2026 as shelved, and said a separate idea to raise the foreign condo quota from 49 to 75 percent remains an unsubmitted study. Legal publisher Thai Law Online, updated on November 2, 2026, also lists both changes as proposals only, with no bill tabled in Parliament.

RuleCurrent lawProposedStatus (Nov 2026)
Maximum lease term30 years99 yearsShelved, not enacted
Foreign condo quota49% of total unit floor area75% (some versions 70%)Proposal only
EEC land leases50 years + 49-year renewalAlready in forceOnly for approved investors in the EEC

Are 30+30+30 leases in Phuket safe?

Not as a 90-year right. Many Phuket villas are sold on a registered 30-year lease plus a written promise to renew twice. Thai Law Online summarises Supreme Court Decision No. 4655/2566, in which a tenant had prepaid 2.7 million baht for an initial term and two renewals. The court held that the renewal promises were void because they evaded the 30-year limit, and the tenant was evicted when the first 30 years ended.

At the October 2026 forum, B1 Group partner Ilya Sukharnikov put it bluntly, telling the panel that a guaranteed extension "has never existed in law" and is largely a marketing claim. Renewal clauses may still be useful if the landowner cooperates in future, but buyers should not pay for them as if they were guaranteed.

For background on the two ownership models, read our explainer on freehold vs leasehold in Phuket.

Where can foreigners get longer terms?

The one practical exception is the Eastern Economic Corridor (EEC), the special development zone covering Chachoengsao, Chonburi and Rayong. Dr Cholachit Vorawangso Virakul of the EEC Office told the October forum that approved investors in target sectors can secure 50-year commercial land leases, renewable for a further 49 years. This applies to qualifying business projects, not to holiday villas in Phuket.

What should Phuket leasehold buyers do now?

Phuket villas, especially in Bang Tao, Cherng Talay, Layan and Rawai, are commonly sold to foreigners as leasehold, because foreigners cannot own land directly. Before signing, buyers can reduce risk with a few checks:

  • Price the 30 years only. Compare the price with the rental income and use you expect over 30 years, not 60 or 90.
  • Register the lease at the Land Office in your own name, and confirm the land title type; our guide to Chanote and other Thai land titles explains the differences.
  • Avoid nominee companies. Officials told the forum they are investigating shells where foreigners effectively control land through Thai shareholders. See our report on the nominee probe in Rawai.
  • Consider alternatives, such as a freehold condo within the 49 percent foreign quota, or a registered superficies right over the building, which lawyers at the forum mentioned as a legal option.
  • Use an independent lawyer, not one recommended by the developer, to review renewal, inheritance and transfer clauses.

Our overview of the Phuket property market shows current prices and supply by area.

FAQ

Is a 99-year lease legal in Thailand?

No. The general limit is 30 years under Section 540 of the Civil and Commercial Code. The 99-year proposal was shelved and has not become law.

Can a 30-year lease in Phuket be renewed?

Yes, but only by agreement when the term ends. A renewal promised in advance is not guaranteed, and the Supreme Court has refused to enforce prepaid 30+30+30 arrangements.

Can foreigners own a condo outright in Thailand?

Yes. Foreigners can own condo units freehold, as long as total foreign ownership in the building stays within 49 percent of the unit floor area.

Does the EEC 99-year lease apply to Phuket?

No. The 50-plus-49-year leases apply only to approved investment projects inside the Eastern Economic Corridor on the eastern seaboard.

Photo: Centara Villas Phuket, by Phong Phat G / Wikimedia Commons, CC BY-SA 3.0.