Anteya Research
Bali vs Phuket Property Ownership for Foreigners
1 сентября 2026 г.
The useful Bali vs Phuket property ownership question is not “where can a foreigner buy?” It is: what asset and legal right will the buyer receive—and may it be used, transferred or rented?
Phuket has one especially clear direct-ownership route: foreign condominium freehold. Thailand caps aggregate foreign ownership at 49% of a building’s total unit area, not 49% of its unit count. Government guidance and the Department of Lands process make project-specific quota confirmation essential.
Villas are different. In both destinations, a purchase can involve separate rights over land and a building, sometimes held through a company. Comparing leasehold versus freehold in Thailand starts with identifying those rights—not choosing between two labels in a brochure.
Start with the property type, not the location label
| Buyer situation | Phuket / Thailand | Bali / Indonesia | What to establish first |
|---|---|---|---|
| Eligible condominium | Foreign condominium freehold can be possible after quota and transfer checks. | Not a comparable blanket route; the right and qualifying conditions must be identified. | Unit title, current foreign quota, funding evidence and Land Office process. |
| Standalone villa with land | Foreign land ownership is generally restricted; a foreigner may own a building on leased land, but that does not make the land freehold. BOI guidance | A foreign individual cannot directly hold Hak Milik. Basic Agrarian Law, Art. 21 | Separate land title, building ownership, lease/right, term and consent chain. |
| Company-held property | A company structure is not a shortcut to personal Thai land ownership. | An Indonesian-law company can be eligible for HGB; a PT PMA-held HGB is a company-held, time-limited right, not personal freehold. PP 18/2021; Perpres 10/2021 | Company, permitted activity, land right, duration, liabilities and exit route. |
| Lease | Read the present contract, including any renewal or assignment wording. | A Hak Sewa/lease is contractual use of another owner’s land for rent. Basic Agrarian Law, Arts. 44–45 | Remaining term, renewal wording, assignment rights, lessor consent and registration/record position. |
In Indonesia, Hak Milik is the statutory land right reserved to Indonesian citizens. That does not mean every foreign buyer’s Bali option is “nothing”; it means the wording must be precise. A foreigner may encounter Hak Pakai, a contractual lease, or a company-held HGB, each with different subjects, terms and transfer mechanics. PP 18/2021 lists foreigners among eligible holders of time-limited Hak Pakai, while HGB is available to Indonesian citizens and Indonesian-law legal entities. PP 18/2021
Three practical decision cases
1. You want the closest route to personal title
An eligible Phuket condominium is usually the clearest route for a buyer who values direct title. Before committing, confirm the building’s foreign quota, unit status and documentation route. An agent’s assurance is not Land Office registration.
In Bali, begin by asking which Indonesian right is being offered—not by asking whether the villa is described as “freehold.” If the intended structure involves Hak Pakai or HGB, have the scope, duration, holder and transfer provisions explained in writing by Indonesian counsel.
2. You want a detached villa and lifestyle use
For a Phuket villa, separate land from building. A foreigner may own a building on leased land, but that is not a foreign-owned land title.
For Bali, read the remaining term, assignment, landowner-consent and expiry clauses. An interested party may apply to record a lease agreement for registered land, but that does not prove a particular lease is recorded or freely transferable. PP 18/2021, Art. 90
3. You expect the home to be an operating rental business
Ownership is only one layer. In Bali, a residential interest, immigration permission and authority to operate accommodation are separate questions. The activity must fit current OSS/KBLI permissions; KKPR and building compliance can also matter. OSS, PP 21/2021, and the PBG/SLF framework are starting points.
Phuket requires the same separation of questions. A condo title or villa lease does not itself confirm that short-stay rental use is allowed. Check the project rules, the relevant accommodation route and the property’s operational permissions before modelling rental income.
The diligence to complete before paying a deposit
Ask for documents before negotiating price:
- the title or registered right, the holder’s identity and any mortgages, restrictions or disputes;
- a clear schedule of land, building and company interests;
- the complete lease or right-grant document, including term, renewal, assignment, default and end-of-term provisions;
- for a Phuket condominium, confirmation of current foreign quota and the foreign-funding/registration document path;
- for Bali, the land-right history, any available record of the lease/right, the appropriate current spatial and business permissions, plus PBG/SLF status where relevant;
- a transaction estimate that separates price, fees, registration charges and taxes.
Plan the exit too. Thailand’s Revenue Department identifies fact-specific taxes and charges arising on transfers. Its guidance should be rechecked. In Indonesia, transfer-income and acquisition-tax rules may apply according to what is transferred. PP 34/2016 and Law 1/2022 are reasons for current tax advice, not a universal rate card.
Frequently asked questions
Can foreigners buy property in Phuket?
Yes. An eligible condominium can have a foreign freehold route; a Phuket villa needs separate examination of land, building and lease or other rights.
Does a Bali PT PMA and HGB mean the foreign buyer has freehold?
No. HGB is a distinct, time-limited Indonesian land right held by an eligible Indonesian-law entity. A PT PMA structure can add company and compliance questions; it does not turn the foreign shareholder into the direct holder of Hak Milik.
Is a 30+30+30 lease a guaranteed 90-year right?
No. In Thailand, the present ordinary residential lease term is the key legal interest and renewal requires the lessor’s consent. In Bali, future extension and assignment rights should be treated as contractual and verified in the executed documents, rather than assumed from a marketing formula.
For a Bali-first decision, Anteya’s guides to foreign ownership, KITAS, PT PMA and Hak Pakai and leasehold versus freehold in Bali can help frame the questions to take to qualified advisers.
This article is general information, not legal, tax or immigration advice.
