Modern pool villa in Layan, Phuket — legally structured as a freehold condominium for foreign buyers

Case Study: A Phuket Villa That Is Legally a Condominium

Here we take a quick look at a special case of a villa for sale in Phuket that benefits from being within freehold condominium developments thereby allowing direct freehold ownership by foreign investors.

At first glance, this sleek, one-bedroom pool villa near Layan Beach looks just like any other modern tropical home in Phuket. Set within a peaceful, development with valley views, it features expansive floor-to-ceiling glass, outdoor bathtubs and showers, a convertible living space, and seamless indoor-outdoor design. But legally, this villa isn’t just a villa, it’s a condominium. And that small detail makes a very big difference.

This article explains why this villa’s legal structure matters, especially for foreign buyers seeking security, long-term ownership, and an exit strategy.

A Villa That Foreigners Can Directly Own Freehold

Under Thai law, foreigners are not allowed to directly own land. That means traditional villa ownership structures either involve a lease (maximum term 30 years, with optional renewals) or a company structure (which comes with strict requirements and ongoing costs).

But in this case, the villa is part of a condominium-licensed development. That means the land is owned collectively by all unit owners as part of the common property. The villa itself is legally registered as a condominium unit, and the foreign buyer can hold the title in their own name – forever. Here we refer to this as a “freehold condo villa.”

For foreign buyers, this model avoids the complexity and costs of Thai company setups and short tenure of leasehold contracts. It offers a rare legal path to true direct freehold ownership of a villa in Phuket.

Case Study: 1-Bedroom Pool Villa in Layan

This 1-bedroom, 2-bathroom villa is located just five minutes from Layan Beach and 15 minutes from Phuket International Airport. It features 117 sqm of internal space across two levels, including a convertible lower living area that can function as a second bedroom.

  • Upper-level master bedroom with balcony and garden views
  • Private pool with terrace and outdoor showers
  • Built around existing trees for natural shade and privacy
  • Expansive glass design for maximum light
  • Peaceful, low-density community setting

The villa offers not just a lifestyle investment, but also financial returns. Buyers can benefit from a guaranteed 3-5% return for four years, along with a 50/50 revenue-sharing rental pool for up to 30 years.

Why Freehold Condo Villas Are So Appealing

These types of villa structures are becoming increasingly sought after by foreign buyers in Phuket. They combine the privacy and aesthetic of a standalone home with the legal simplicity of a condominium. You get:

  • Direct freehold ownership (within the 49% foreign quota)
  • No need to establish or maintain a Thai company
  • No lease renewal risk
  • A secure legal title registered in your name

And while buyers do not own the land underneath their villa in the purest sense, they do co-own it as part of the condominium’s common property. Exclusive use of the land where the villa sits is fully protected, and other owners have no rights to that specific area.

This legal structure is also particularly appealing in the current climate, where increased scrutiny is being placed on corporate holding structures used by foreigners to acquire freehold villas. For many buyers, condo-structured villas offer a cleaner, safer alternative with fewer legal grey areas.

Limited Availability, High Demand

Developments offering this kind of structure are still limited in Phuket, and foreign freehold quota space is always capped at 49% of the total saleable area. Once that quota is filled, the remaining units must be sold under Thai quota terms.

Final Thoughts

Whether you’re a lifestyle buyer, a long-term expat, or a serious investor, the legal structure of your property matters. This Layan villa offers the best of both worlds: the feel of a standalone home, and the legal security of a foreign freehold condo.

View this freehold condo villa in Layan.

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