Learn the Difference Between Freehold and Leasehold Condos

By Peer Johannsen, Managing Director, Pearl Property Pattaya • Last updated: July 5, 2026 • 5 min read

Explore our buyer’s guide as we explain the legal terms of freehold and leasehold and how they apply to condo purchases in Pattaya.

“Explore our buyer’s guide as we explain the legal terms of freehold and leasehold and how they apply to condo purchases in Pattaya.”

— Peer Johannsen, Managing Director, Pearl Property Pattaya (since 2015)

When foreigners buy a condominium in Thailand, the unit is held in one of two legal forms: freehold or leasehold. The words get used loosely in sales conversations, but legally they describe two completely different rights — one is ownership of the unit itself, the other is a registered right to occupy it for a fixed term. This guide explains the legal definition and mechanics of each form as they apply specifically to condos: what title you actually receive, what the 49% foreign quota means, how a 30-year lease really works, and what is — and is not — registered at the Land Office. If you are weighing up which option suits your budget and goals, read it together with our companion article comparing the pros and cons of leasehold vs freehold in Pattaya.

Freehold condo ownership: what you actually own

Thailand's Condominium Act is the reason foreigners can own real estate here at all. When you buy a condo freehold, you become the registered owner of the unit itself, plus an undivided share of the building's common property and a share of the land the condominium stands on. This is full, permanent ownership: it has no expiry date, it can be sold, mortgaged, gifted or inherited, and no landlord or lessor sits above you.

The proof of that ownership is the condominium unit title deed, issued under the Condominium Act. It is the condo equivalent of the Chanote (the full land title deed used for land): a government-issued document recording the unit's exact floor area, its share of the common property, and the name of the registered owner. When people say a building is "off Chanote title," they mean the underlying land is held on the strongest form of Thai land title — a prerequisite for a properly licensed condominium.

The 49% foreign quota

Foreign freehold ownership in any condominium building is capped: foreigners may own no more than 49% of the total saleable floor area of all units combined. The remaining 51% must stay in Thai hands. This quota is measured in square metres of unit space, not in the number of units, and it is tracked building by building.

Two practical consequences follow. First, "foreign quota" units in popular buildings command a premium and can sell out, which is why quota availability is one of the first things we flag on our Pattaya condo listings. Second, to register foreign freehold ownership you must prove the purchase funds were remitted into Thailand in foreign currency — your bank issues a Foreign Exchange Transaction (FET) confirmation, which the Land Office requires before it will transfer the unit into a foreign name.

Leasehold: a registered right to occupy, not ownership

A leasehold condo works differently. The unit remains owned by someone else — the developer, a company, or a Thai owner — and you acquire a lease: the exclusive right to possess and use the unit for a fixed term. Under Thai law the maximum registrable lease term is 30 years. Any lease longer than three years must be registered at the Land Office to be enforceable for its full term, and the lease is recorded as an encumbrance on the unit's title deed.

A registered lease is a genuinely strong right. It survives a sale of the unit — if the owner sells, the buyer takes the unit subject to your lease — and it can be structured to allow subletting or assignment if the contract says so. But it is not ownership: when the term ends, the right ends, and the unit reverts to the owner.

The "30 + 30 + 30" renewal myth

Leasehold condos are routinely marketed as "90-year" structures: 30 years registered, plus two contractual promises to renew for 30 years each. Here is the legal reality: only the first 30 years is a registered property right. The renewal clauses are personal contractual promises by the current lessor. They cannot be pre-registered at the Land Office, and Thai courts have treated them as binding only between the original parties — if the lessor is a company that is later sold, dissolved or simply refuses, enforcing a renewal can be difficult or impossible.

That does not make leasehold a bad structure — it is often the practical route for buildings where foreign quota is full — but you should price and plan around the 30 years you actually hold, and treat any renewal promise as an option, not a guarantee.

What the Land Office registers in each case

Freehold purchase: a transfer of ownership. Your name is entered on the condominium unit title deed as owner; the FET evidence and the building's foreign-quota confirmation are checked at the same appointment.
Leasehold purchase: a lease registration. The owner remains on the title deed; your lease (term, parties, key conditions) is annotated on the back of the deed as an encumbrance for a maximum of 30 years.
Unregistered promises: renewal options, purchase options and side agreements are not entered on the title and rely purely on contract law.

Both transactions happen in person (or by power of attorney) at the local Land Office, with government fees calculated differently for transfers and lease registrations.

Which structure will you actually be offered?

In practice the choice is often made for you by quota availability: if foreign quota is open in the building, buy freehold; if it is full, the seller will offer leasehold or a Thai company structure — the latter deserves proper legal advice before you go anywhere near it. For the full purchase process — due diligence, deposits, taxes and transfer day — see our complete guide to buying property in Pattaya as a foreigner, then browse current condos for sale in Pattaya with quota status clearly marked.

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