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Thailand 99-Year Lease Plan: Still Not Law in 2026
· Luxy Samui
Proposals for 99-year leases and a 75% foreign condo quota have not become law; the 30-year lease and 49% quota still apply.
Foreign buyers in Thailand are still working with the same two limits as before: a registered lease of up to 30 years, and a foreign ownership cap of 49% in each condominium building. Two legal summaries published in June 2026 confirm that the widely discussed proposals for 99-year leases and a 75% condominium quota have not been enacted.
Where the proposals came from
According to a summary by Udon Thani Lawyer dated 17 June 2026, the Thai government said in 2024 that it would consider raising the foreign condominium quota to 75%, together with longer leases. The property site Bektu, in an article dated 10 June 2026, says the ideas were debated through 2024 and 2025 as a way to attract foreign capital. Reports suggested a draft could go to Parliament, but no bill was passed.
Both sources reach the same conclusion. The proposals have been announced and discussed, but official registration practice still follows the 49% quota and the 30-year lease.
What the current rules mean in practice
- A residential lease can be registered for a maximum of 30 years.
- Many contracts promise one or two renewals, which is why buyers hear of 60 or 90 years. Bektu notes that these renewals are contract options and not a right guaranteed by statute. If the land changes hands or the owner refuses, courts generally enforce only the first registered term.
- Under the Condominium Act, foreigners may own up to 49% of the saleable floor area in a building. Once that level is reached, remaining units can be sold to Thai buyers or held by foreigners on a lease. Bektu advises asking the developer or the building's juristic person for the current foreign quota figure in writing.
Enforcement has moved faster than reform
While the reforms have stalled, checks on irregular structures have increased. Udon Thani Lawyer lists a Land Department circular on nominee structures dated 7 March 2025, a May 2025 agreement between the Department of Business Development and the Land Department to exchange data, and a May 2026 instruction that allows forced disposal of land held improperly. The Department of Business Development has named real estate as a priority sector for inspection.
What it means for villa owners
On Koh Samui most villas bought by foreigners are held on a lease, so the 30-year limit is central. Three practical points follow from the sources:
- Value a villa on the registered term that remains, and treat renewal clauses as a possibility.
- Be careful with any sales material that presents 99 years or a 75% quota as already available.
- Avoid structures that rely on Thai shareholders who have no real stake in the company.
The proposals may return, but no timetable is given in the sources we read. This is news and not legal advice; a Thai property lawyer should check any lease before you sign. Our listings of property for sale in Koh Samui show the type of tenure for each home.
