Can foreigners buy land in Thailand?
The short answer is that Thai law restricts land ownership by foreign individuals. That restriction is the starting point for every conversation about buying land in Phuket.
The general rule
Under the Land Code, foreign nationals are generally not permitted to own land in Thailand in their own name. Narrow exceptions exist in law, and they are exceptions rather than a route most buyers can use.
This is why a foreign buyer looking at a plot in Phuket is usually really asking a different question: what lawful structure gives me the use of this land for the period I need, and what are its risks?
Structures buyers commonly ask about
Long leasehold is the structure most often discussed. A lease registered at the Land Office gives a right to use the land for a fixed term. The enforceability of renewals promised beyond the registered term is a question your lawyer must address.
Ownership through a Thai company is also discussed. Companies that are genuine, properly capitalised businesses are treated differently from companies created only to hold land for a foreigner using nominee shareholders, which is unlawful.
Buildings are treated separately from land in Thai law, which is why some buyers lease land and own the house on it. Condominium units are a separate regime again, with foreign freehold possible within the limits set by the Condominium Act.
What this means in practice
There is no single structure that is right for everyone. The correct answer depends on your nationality, your timeline, whether you intend to develop, your tax position at home, and your succession plans.
Anyone who tells you that a foreigner can simply buy Thai land outright, or that a particular structure is risk-free, is not describing the legal position accurately.
Getting reliable advice
Take advice from a Thai lawyer who is licensed, independent of the seller, and instructed by you. Ask them to explain the risks of the structure in writing, not only its benefits.
Benz can introduce lawyers and will provide the documents that exist for any plot, but he does not give legal opinions and you should not rely on an agent — any agent — for that.