Insider's Guide with Lawyer Su Tukwun about Thai Property

Suphawan Tukwun, Senior Attorney at International Business Consultants (Thailand) Co., Ltd., is a Thai-qualified lawyer and licensed Australian solicitor based in Phuket. With more than two decades of legal experience, she has been advising foreign clients on property ownership, business setup, visas, and relocation to Thailand, with a strong focus on Phuket and the surrounding region.

After beginning her career as a court lawyer, Suphawan later served as corporate counsel at Laguna Phuket, one of the island’s largest property developers and hospitality groups. She established her own legal practice in 2005 and has since built a reputation for guiding foreign buyers through the complexities of Thai property law with clarity and confidence. Fluent in both Thai civil law and Western common law principles, she is known for her ability to bridge legal systems and help clients structure long-term, compliant solutions for property ownership and succession planning in Thailand.

What are the main ways that foreigners can own property here?

The common way is lease. It is straightforward. Apart from that they can own condominium units where the units lie within the 49% foreign ownership quota in the project. As we all know that foreigners cannot own land in Thailand. Leasehold is the structure that most foreigners would take because it is straightforward and easy. They can register the lease in their own name.

Are there alternatives to leasehold?

Apart from that they can own condominium units where the units lie within the 49% foreign ownership quota in the project. Also, if it comes to homes and villas then they will lease the land and they individually might own the villa in their own name. As we all know that foreigners cannot own land in Thailand.

What percentage of your work is involved with property compared to the rest?

I would say that around 85% of my work is related to property. The remaining 15% involves other matters such as litigation, business setup, visas, and other related legal issues that foreigners need assistance with in Thailand.

What are the most common questions foreigners ask you?

One of the most common questions is how foreigners can own property in Thailand. Another frequent question is how they can pass their property on to the next generation. Foreigners can pass on property they own in Thailand to their next generation. The succession law here is quite clear: if you own property or assets in Thailand, whether you are Thai or a foreigner, you are legally entitled to pass those assets on to your heirs.

Can you explain your professional background?

After I graduated I worked as a lawyer in court for two years. When I moved to Phuket to work as a corporate counsel at Laguna Phuket, one of the island’s large property developers and hotel groups, I worked there for nearly four years, learning everything there, property law, land issues, hotel operation, and everything else that Laguna is doing.

How did your career progress from there?

After nearly four years then I left and established my own legal practice in 2005 and have been practicing as a property lawyer since then until now. At the same time as being a Thai lawyer, I am also a licensed Australian solicitor. So at the moment I practice in both jurisdictions.

What makes your legal practice different from others in Phuket?

From my experience of dealing with lawyers in Phuket, there tends to be two camps. There are Thai lawyers which have experience of dealing with Thai law in Thailand and there are Western legal consultants who have their Thai local team of lawyers which help them interpret Thai law. But there’s not someone actually like me. I’m kind of unique in the fact that I’m able to understand both systems and bridge the two.

Can you explain why that matters in practice?

In Thailand, our system is based on civil law whereas in western countries it is based on common law. When foreigners come to Thailand, they bring their own legal perception into Thailand on how things should work, which is not the case. So my role is to educate them and help them navigate the complexity of the Thai legal system.

What are the most common questions foreigners ask you?

How can I own property, which is the common question that foreigners ask us. Another common question is how can I pass on my property to the next generation.

What services does your firm mainly provide?

Our main services in our firm are assisting foreigners who would like to buy property, who would like to set up business here in Thailand, particularly in Phuket, and who would like to relocate to Thailand or Phuket. We assist them from the start until they achieve whatever they want to achieve, like setting up the business.

How do you support clients through that process?

If they want to buy property, we assist them with the due diligence, assisting them with the contract and registering the transfer of ownership at the land department. If they want to have a visa then we help them with the visa depending on what type of visa they would like to obtain. Apart from that we also specialize in estate litigation. We prepare Thai wills for foreign clients and when something happens then we also represent them in court to obtain the grant for the will probate.

How do you see Phuket developing in the next 5–10 years?

Phuket has changed significantly from when I first arrived here in 2001 until today. When I first arrived here in 2001, at that time Phuket was seen as a resort destination. But now it has evolved to more like a place where everybody would like to come to live and work, and not just for a holiday anymore, because Phuket nowadays offers great infrastructure. We have great hospitals and schools, so it attracts not just tourists but also entrepreneurs, business owners, and professionals. I think that Phuket will continue to grow but at the same time still preserve its local charm.

Frequently Asked Questions (FAQ)

Can foreigners own property in Thailand?

Foreigners cannot own land in Thailand, but they can own condominium units within the 49% foreign ownership quota of a project. Another common option is leasehold ownership, which is straightforward and allows foreigners to register the lease in their own name.

What is the most common way foreigners buy villas or houses?

For villas or houses, foreigners usually lease the land and may own the building structure in their own name. This structure is widely used, legally recognized, and commonly applied in residential developments throughout Phuket and other parts of Thailand.

Can foreigners pass property in Thailand to their heirs?

Yes. Thai succession law clearly allows foreigners to pass property or assets they legally own in Thailand to their next generation. Ownership rights are protected regardless of nationality, provided the property was acquired in compliance with Thai law.

Why is it important to use a qualified property lawyer in Thailand?

Thailand follows a civil law system, which differs from Western common law systems. Foreign buyers often bring incorrect assumptions from their home countries. A qualified property lawyer helps navigate legal complexities, ensures compliance, and protects buyers throughout the transaction.

What types of clients does your firm typically assist?

The firm mainly assists foreigners who want to buy property, set up a business, obtain visas, or relocate to Thailand, particularly Phuket. Clients are supported from the initial planning stage through to completion of their legal and investment goals.

How is Phuket changing as a place to live and invest?

Phuket has evolved from a resort destination into a place where people live and work long-term. With strong infrastructure, international schools, and high-quality hospitals, the island now attracts entrepreneurs, professionals, and families, not just tourists.