Can Foreigners Really Own Property in Koh Samui?

Foreign Quota Apartment Complex in Samui

Understanding the Ownership Rules

It is one of the first serious questions buyers ask:

Can a foreigner legally own property in Koh Samui?

The short answer is yes.
The fuller answer is yes — but not in the same way a Thai national can.

Understanding that difference matters. Because if ownership is poorly structured, the consequences can be expensive.

The Legal Starting Point

Foreigners cannot directly own land in Thailand in their personal name.

That restriction is clear under Thai law.

So when someone says, “Foreigners can’t own property in Thailand,” that is not entirely correct.

You can own property.

But how you own it depends on the structure.

In Koh Samui, there are three common routes:

• Freehold condominium ownership (within foreign quota)
• 30-year registered leasehold
• Thai company ownership

Each has a different level of legal security and complexity.

Freehold Condominium – The Cleanest Structure

Under Thailand’s Condominium Act, foreigners may own condominium units freehold, provided foreign ownership in the building does not exceed 49% of total unit floor area.

If the unit is within the foreign quota and funds are transferred correctly from overseas, the title deed is registered directly in the buyer’s name.

No lease.
No company.
No nominee structure.

You own the unit outright and hold a proportional share of the common areas.

For buyers seeking maximum legal clarity and simplicity, this is the strongest ownership route available.

The limitation is that it applies only to approved condominium projects. Villas sit on land — and land cannot be directly owned by foreigners.

Leasehold – Common but Time-Limited

For villas, the most common structure is a registered lease.

Thai law permits a maximum registered term of 30 years.

You may see contracts referencing “30 + 30” extensions. It is important to understand that only the first 30 years can be legally registered. Extensions are contractual agreements, not automatic property rights.

Leasehold can work perfectly well for lifestyle buyers, especially when the 30-year term aligns with personal plans.

But it is a time-defined right to use land, not ownership of land.

Resale value, inheritance planning, and renewal all depend on the remaining lease term and the ongoing cooperation of the landowner.

Thai Company Ownership – Established, but Under Scrutiny

For decades, many foreigners have purchased land through Thai limited companies.

A properly structured Thai company can legally own land, and tens of thousands of properties across Thailand are held under this model.

However, Thai law has always prohibited nominee arrangements used purely to bypass foreign ownership restrictions.

What has changed is enforcement focus.

Authorities have increased scrutiny around:

• Companies with passive Thai shareholders
• Structures created solely to hold land
• Arrangements where control clearly sits outside Thailand

As a result, company ownership is now:

• More complex to establish properly
• More closely examined
• Not a shortcut
• Not risk-free

Company ownership is not automatically unlawful. But poorly structured nominee setups can create exposure — particularly on resale, audit, or regulatory review.

This route requires careful legal advice and thoughtful structuring.

Where Buyers Get Burnt

The danger in Koh Samui is not buying.

It is buying without understanding what you are signing.

Problems rarely appear at purchase.

They appear years later:

• When trying to resell
• When the lease term shortens
• When ownership changes hands
• When relationships or regulations shift

By then, reversing the structure can be difficult.

Good advice at the beginning is far cheaper than repair at the end.

The Balanced Reality

Koh Samui remains one of the most attractive property markets in Southeast Asia.

Thousands of foreigners own homes here legally and successfully.

But ownership in Thailand is structural. It is not casual.

Before committing, ensure you understand:

• The legal nature of the structure
• Your time horizon
• The resale implications
• The succession implications

Clarity first. Commitment second.

If you would like a straightforward explanation of which ownership route best fits your situation, feel free to get in touch. There is no obligation — only clarity.