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Foreign Property Ownership: What You Need to Know

Updated 11 min readBy Global Investments

One of the most fundamental questions in international property investment is one many buyers fail to ask until it is almost too late: can I actually own what I am trying to buy, in the way I am assuming?

The answer varies enormously by country. Some markets offer foreigners full freehold ownership with minimal restrictions. Others restrict foreign buyers to leasehold arrangements, require company structures, cap ownership in particular building types, or prohibit foreign land ownership entirely. Getting this wrong — or misunderstanding the nature and limitations of the ownership structure you are acquiring — is one of the most costly mistakes an international investor can make.

This guide explains the key ownership frameworks available in our eight focus markets, the risks and limitations of each, and the questions to ask before you commit. Rules change; always verify current regulations with a qualified local lawyer in your target market before purchasing.


The key distinction: freehold vs leasehold vs restricted structures

Understanding these three frameworks is the starting point.

Freehold ownership means you own the land and the structures on it outright, indefinitely, subject to local laws. There is no time limit on your ownership; you can sell, rent, mortgage, or pass the property to your heirs as local law permits. This is the strongest form of property ownership and offers the most security.

Leasehold ownership means you hold the right to use and occupy a property for a fixed term — typically 30, 50, 99, or 999 years — after which the land reverts to the freeholder. The value of a leasehold property diminishes as the lease runs down, and short leaseholds (under 80 years in the UK context, or a non-renewable 30-year term in Bali) are considered risky and can be difficult to mortgage or resell. Renewal rights vary significantly by jurisdiction and should never be assumed.

Restricted structures include company-held ownership, nominee arrangements, and regulated co-ownership with nationals. These structures can provide effective working control of a property but typically offer weaker legal protection than freehold and introduce additional risks: company compliance requirements, counterparty risk (if a nominee director's position changes), and potential unenforceability in certain legal scenarios.


United Kingdom

Foreign nationals — of any nationality, anywhere in the world — can purchase UK residential or commercial property with no restrictions whatsoever. There is no requirement for residency, visa, or any government approval. Full freehold or leasehold ownership (in the UK legal sense, where 999-year leasehold of a flat is common and legally secure) is available.

Practical requirements include obtaining a UK bank account or using a client account held by a UK solicitor to receive funds, and engaging a UK-registered conveyancer to handle the Land Registry transfer.

The UK's transparent Land Registry, robust legal system, and deep secondary market make it one of the most accessible and legally secure international property markets globally. The primary obstacle for non-resident buyers is not ownership structure but tax — the non-resident stamp duty surcharge and the tax treatment of rental income and capital gains. See our UK property taxes guide.


United Arab Emirates (Dubai)

The UAE allows foreign nationals to hold full freehold ownership of residential and commercial property in designated freehold zones. These zones cover the vast majority of Dubai's major residential developments: Downtown Dubai, Dubai Marina, Palm Jumeirah, Jumeirah Lake Towers, Arabian Ranches, and many others.

Outside freehold zones, non-UAE nationals may hold leasehold interests for terms up to 99 years.

The Dubai Land Department (DLD) is the central registry for all property transactions. Ownership is registered on a title deed issued by the DLD. The process is transparent and well-administered by regional standards, though not without complexity.

For off-plan purchases, the Real Estate Regulatory Agency (RERA) provides some buyer protection through escrow regulations requiring developers to hold buyer funds in regulated accounts. Enforcement is materially better than in some regional peers but does not eliminate developer risk.

Foreigners cannot hold property in the name of a foreign company without specific free zone structures; most individual purchases are made in personal names.

There are no restrictions on repatriation of sale proceeds or rental income. See our guide to buying property in Dubai.


Thailand

Thailand's foreign ownership restrictions are among the most significant in our focus markets, and are a common source of investor confusion and costly mistakes.

The core rule: foreigners cannot hold freehold title to land in Thailand. Period.

What foreigners can own:

  • Condominium units — up to 49% of the total floor area of any condominium building may be held by foreign nationals under the Condominium Act. Units within this foreign quota can be held in freehold by non-Thais and are the cleanest form of foreign ownership available. Crucially: once a building has reached its 49% foreign quota, no further foreign freehold sales are possible in that building.

  • Leasehold (long-term) — foreigners can lease land or property for up to 30 years, typically with contractual renewal options for a further 30 years (making an effective 60-year term), and sometimes a further 30 years (90-year total). These renewal options are contractual, not statutory, and their enforceability has been the subject of legal debate. Leaseholds are registerable on the land title and are more secure than unregistered arrangements, but they are not freehold.

  • Thai company structure — a Thai limited company (with at least 51% Thai shareholding) can hold freehold land title. Foreign buyers have historically used nominee Thai shareholders. This is a grey area legally: the Land Act and the Foreign Business Act prohibit the use of Thai nominees to circumvent foreign ownership restrictions, and prosecutions and land seizures, while relatively rare, are documented. It is not a risk-free structure.

  • Hak Pakai equivalent / BOI structures — certain long-term investor or retiree visa categories may provide pathways to specific ownership rights; check current BOI and Land Department rules.

For villa and land-based investments in Thailand, the choice of structure — leasehold vs company ownership — is one of the most important decisions you will make, and it demands specialist Thai legal advice. See our guide to buying property in Thailand and ownership structures for foreign buyers in Thailand.


Spain

Spain offers full freehold ownership to all foreign nationals, with no restrictions based on nationality. The process is transparent and well-established, with a functioning land registry (Registro de la Propiedad) providing reliable title records.

To purchase property in Spain, non-EU buyers must obtain an NIE (Número de Identificación de Extranjero — a tax identification number). This is straightforward to obtain through a Spanish consulate or in Spain itself; a lawyer can handle it under power of attorney.

Key legal points for Spanish property purchases:

  • All property transactions must be completed before a Spanish Notary, who verifies the transaction but does not provide independent advice to either party.
  • Independent legal advice is strongly recommended; the notary is not your lawyer.
  • In some areas — notably rural Andalucía, parts of the Canaries, and some islands — historic planning irregularities mean that title searches should explicitly verify building and planning compliance.
  • Community of Owners (Comunidad de Propietarios) fees apply for apartment and urbanisation ownership; verify arrears before purchasing.

There are no restrictions on repatriation of proceeds. Non-resident buyers have full rights to rent and sell. See our guide to buying property in Spain.


Bali (Indonesia)

Bali operates under Indonesian national law, and Indonesia's foreign ownership restrictions are among the strictest of any country with a developed international property market.

What foreigners cannot do: hold hak milik (freehold title) to land or property. This is a constitutional-level restriction in Indonesia.

What foreigners can do:

  • Hak Pakai (Right of Use) — foreigners with a valid Indonesian residency permit (KITAS/KITAS B) can hold hak pakai title, which grants the right to use and occupy the property for an initial 25–30 years, extendable in further increments. The total term can reach 80 years in practice. Hak pakai is registerable and relatively secure compared to informal arrangements, but it is tied to your residency status. If your KITAS lapses, the hak pakai position can become complicated.

  • Leasehold (sewa) — a registered long-term lease (typically 25–30 years with a contractual renewal option) is the most common structure for foreigner villa purchases in Bali. The lease is registered on the land certificate. The security of the leasehold depends heavily on the quality of the lease agreement, the identity of the landowner (individual vs company), and whether the title is clean.

  • PT PMA (Foreign-owned Indonesian Company) — a foreign-owned company (perseroan terbatas with foreign shareholding — PMA) can hold hak guna bangunan (right to build) or hak pakai. This provides a form of corporate freehold-equivalent but requires ongoing company compliance, annual reporting, and has costs associated with maintenance. The structure must be genuinely active (not a shell) to avoid challenges.

  • Nominee arrangements — using an Indonesian national as the nominal titleholder of a freehold property on behalf of a foreigner. This is legally precarious; Indonesian law does not recognise these agreements, and there are documented cases of nominees asserting their rights or disputes arising on the nominee's death. Reputable lawyers advise against nominee structures.

Legal due diligence in Bali is particularly critical. Title histories can be complex, land certificates are sometimes disputed, and the regulatory environment for short-term rental operations continues to evolve. See our guide to buying property in Bali and Bali legal due diligence guide.


Egypt

Egypt permits foreign nationals to own real property, subject to certain restrictions:

  • Foreigners may own up to two properties in Egypt.
  • Agricultural land and properties within certain strategic zones are not available for foreign purchase.
  • The registration process involves the Real Estate Publicity Office; obtaining a registered title deed (Tabu) is essential.
  • Some developments, particularly on the Red Sea coast and the North Coast, have established systems for foreign buyer registration.
  • Ownership through foreign companies can be more complex; most individual purchases are made in personal names.

Egypt is at an earlier stage of formal international investor infrastructure than some peers. Legal advice from a Cairo- or Alexandria-based property lawyer with foreign buyer experience is essential. See our guide to buying property in Egypt.


Greece

Greece offers full freehold ownership for EU citizens without restriction.

For non-EU buyers, freehold ownership is generally available but with some historical restrictions in border regions and certain islands (near-border zones historically required ministerial approval for non-EU buyers; verify current requirements for your target area with a Greek lawyer).

The Greek land registry (Ktimatologio) has been undergoing a major digitisation project; in most urban and island areas, the electronic registry is now the primary title record. In some rural areas, historical title documentation may be incomplete or require more extensive verification.

A critical issue in Greece is the prevalence of unauthorised constructions — buildings or additions erected without valid building permits. These are widespread in older properties, particularly on islands. Greek law has provided multiple amnesty periods for retrospective regularisation, but properties with unresolved planning violations can be difficult to sell, mortgage, or insure. Your lawyer must explicitly check for planning compliance.

The AFM (Greek tax number) is required for property purchase; a Greek bank account is needed for the transaction. See our guide to buying property in Greece and Greece legal due diligence guide.


Cyprus

Cyprus offers full freehold ownership for all foreign nationals — EU and non-EU alike — without restriction.

The Cyprus Land Registry (Department of Lands and Surveys) is the authoritative title registry. Title searches, transfers, and mortgage registrations are processed through local district land registry offices.

A well-known historic issue in Cyprus is title deed delays: during the 2000s property boom, many developers sold units but did not transfer individual title deeds to buyers — often because development mortgages remained registered against the land. This created a large backlog of buyers who had fully paid for and occupied properties but did not hold title documentation. Legislative reforms have addressed this backlog, and the situation has improved significantly, but buyers of resale properties should confirm that a clear title deed is available for transfer.

Cyprus also has a functioning mortgage market for non-resident buyers. The legal framework, based on English common law, is familiar and accessible for British and Commonwealth buyers. See our guide to buying property in Cyprus and Cyprus legal due diligence guide.


Key questions to ask about any overseas property ownership

Before completing any overseas purchase, your lawyer should be able to provide clear, documented answers to:

  1. What is the title type (freehold, leasehold, or equivalent) and what are its specific terms, limitations, and duration?
  2. Is there a clear, unencumbered, registerable title available to transfer to you?
  3. Are there any restrictions on your nationality or residency status owning this type of property in this location?
  4. Were all buildings and structures on the property built with valid planning permission?
  5. Are there any charges, mortgages, liens, or legal disputes registered against the property?
  6. What are the legal processes and costs for eventual sale and repatriation of proceeds?
  7. How does the ownership structure interact with inheritance law in both the property country and your home country?

How Global Investments Can Help

Understanding and navigating foreign ownership rules is one of the most complex aspects of international property investment. Global Investments works across eight markets and maintains relationships with vetted, independent legal professionals in each jurisdiction.

We can help you understand the ownership structure options for any market you are considering, identify the approach best suited to your goals and risk tolerance, and ensure that you are connected with the right legal expertise before you commit to a transaction.

Contact us via the contact page. All property transactions involve legal and financial risk; qualified, independent legal advice in the relevant jurisdiction is essential for every international purchase.

This guide is for general information only and does not constitute financial, legal or tax advice. Programme rules, prices and tax rates change; verify current requirements with a qualified adviser before acting.