Buying property in Koh Samui as a foreigner
Buying on Koh Samui, clearly explained.
What a foreigner can own, the words you will read on every listing, the main costs and the steps to the keys. The essentials, before you talk to a lawyer.
Three ways to become an owner.
In Thailand, a foreigner cannot own land in their own name. That does not stop you from owning a home: it shapes how you hold it.
A condominium, in freehold
A foreigner can own an apartment outright, in their own name, as long as foreigners together own no more than 49% of the building's floor area. The money must come from abroad, in foreign currency, and the bank's transfer certificate is needed at the Land Office.
Full ownership · in your nameA villa: the house is yours, the land is leased
The most common way for a villa. You own the house through a right of superficies and lease the land for up to 30 years, registered at the Land Office. Renewal options can be written into the contract, but only the registered term is guaranteed.
Leasehold · up to 30 yearsThrough a Thai company
A Thai company can own land if the majority of its shares belong to Thai shareholders who genuinely invest. Companies held through nominee shareholders are illegal, and the authorities now check them closely. To be decided only with your lawyer.
Freehold land · with careWhat you will read on every listing.
- Built areaMeasurement
- On our listings: the whole built footprint, terraces and pool included. The interior living area and the land are always stated separately.
- ChanoteTitle deed · โฉนด · Nor Sor 4 Jor
- The strongest Thai title deed: the plot is surveyed, marked on the ground and registered at the Land Office. Every right on the land is recorded on it.
- FreeholdStatus · กรรมสิทธิ์
- Full ownership, for an unlimited time. For a foreigner: a condominium; land only through a Thai company with a genuine Thai majority, to be decided with your lawyer.
- LeaseholdStatus · สิทธิการเช่า
- The right to use land or a property for a set term, up to 30 years per registered lease. It is the usual structure for a foreigner buying a villa.
- Nor Sor 3 GorTitle deed · น.ส. ๓ ก.
- A title confirming the right to use the land, with surveyed boundaries. It can be sold and leased, and can later be upgraded to a Chanote.
- Off-planPurchase
- A home bought before it is built or finished, from plans, paid in stages as the work progresses.
- Rai, ngan, square wahUnits · ไร่ · งาน · ตารางวา
- Thai land units. 1 rai = 1,600 sqm, 1 ngan = 400 sqm, 1 square wah = 4 sqm.
- SuperficiesRight · สิทธิเหนือพื้นดิน
- The right to own a building on land that belongs to someone else. Combined with a lease, it makes you the owner of your villa.
Two ways to buy.
Off-plan, still to be built
- Often a better price, and the choice of the best plots and finishes.
- A reservation deposit, then payments in stages linked to construction milestones.
- Check the developer's track record, the building permit and the title of the land before signing.
- Delivery dates can slip: the contract should say what happens if they do.
- On request, and with the agreement of each party, Benjamin can arrange independent monitoring of the construction.
Completed, ready to live in
- You see exactly what you are buying, and can move in or rent it out straight away.
- A reservation deposit, then the balance paid on the day of transfer at the Land Office.
- Check the building permit and that the house built matches the approved plans.
- A careful inspection before transfer: structure, water, electricity, pool.
The main fees at the Land Office.
| Fee | Rate | On what, and who usually pays |
|---|---|---|
| Transfer fee | 2% | Of the official appraised value. Usually shared between buyer and seller, as agreed in the contract. |
| Specific business tax | 3.3% | When the seller sells within 5 years of buying, or sells as a business. Usually paid by the seller. |
| Stamp duty | 0.5% | Instead of the specific business tax, when that tax does not apply. Usually paid by the seller. |
| Withholding tax | 1% or scale | Income tax on the sale: 1% for a company, a progressive scale for an individual. Paid by the seller. |
| Lease registration | ≈ 1.1% | For a leasehold: 1% registration fee plus 0.1% stamp duty, on the total rent of the lease. |
Rates as of November 2026. Who pays what is always agreed in the contract, and developers sometimes cover part of the fees. Your lawyer confirms the exact amounts for your purchase.
Our fees: all prices shown on our website include our agency fees. You pay nothing more for our work.
Your own lawyer, always.
Independent from the seller and from us, your lawyer is your safeguard.
- Checks the title at the Land OfficeWho really owns it, mortgages, rights of way, the exact plot.
- Checks the permitsBuilding permit, and that what is built matches the approved plans.
- Reviews or drafts the contractsReservation, sale and purchase, lease and superficies, payment schedule.
- Validates the structure for a foreignerCondo quota, lease, company: legal, and suited to your situation.
- Registers your rightsTransfer, lease and superficies recorded at the Land Office, so they bind any future owner.
From first visit to the keys.
Your brief, a short list, viewings in person or by video.
An offer, then a deposit that takes the home off the market.
Your lawyer checks the title, the permits and the structure.
Sale and purchase, or lease, signed with the payment schedule.
Balance paid, fees settled, transfer or lease registered.
Water, electricity and internet in your name, and our help to settle in.
Your questions, answered.
Can a foreigner buy property in Koh Samui?
Yes. In Thailand a foreigner cannot own land in their own name, but can own a home: a condominium apartment in freehold, in their own name, within the building's 49% foreign quota; or a villa, with the house owned through a right of superficies and the land leased for up to 30 years, registered at the Land Office. A Thai company is a third route, to be decided only with your lawyer.
What is the difference between freehold and leasehold?
Freehold is full ownership, for an unlimited time: for a foreigner, a condominium; land only through a Thai company with a genuine Thai majority, to be decided with your lawyer. Leasehold is the right to use land or a property for a set term, up to 30 years per registered lease. It is the usual structure for a foreigner buying a villa.
Can a 30-year lease be renewed?
Renewal options can be written into the lease contract, but only the term registered at the Land Office is guaranteed. Your lawyer checks how the options are worded and registers the lease and the right of superficies, so they bind any future owner of the land.
Is it legal to buy land through a Thai company?
A Thai company can own land if the majority of its shares belong to Thai shareholders who genuinely invest. Companies held through nominee shareholders are illegal, and the authorities now check them closely. This route is to be decided only with your own lawyer.
What is a Chanote, and how is it different from a Nor Sor 3 Gor?
A Chanote (Nor Sor 4 Jor) is the strongest Thai title deed: the plot is surveyed, marked on the ground and registered at the Land Office, and every right on the land is recorded on it. A Nor Sor 3 Gor confirms the right to use the land, with surveyed boundaries; it can be sold and leased, and later upgraded to a Chanote.
What fees are paid at the Land Office, and who pays them?
The transfer fee is 2% of the official appraised value, usually shared between buyer and seller as agreed in the contract. The seller usually pays the specific business tax (3.3%) or the stamp duty (0.5%), and the withholding tax. Registering a lease costs about 1.1% of the total rent of the lease. Rates as of November 2026; your lawyer confirms the exact amounts.
Is it safe to buy off-plan on Koh Samui?
Off-plan often means a better price and a wider choice of plots, paid in stages linked to construction milestones. Before signing, check the developer's track record, the building permit and the title of the land, and make sure the contract says what happens if delivery dates slip. On request, Benjamin can arrange independent monitoring of the construction.
Do I need my own lawyer?
Yes, always: a lawyer independent from the seller and from us. They check the title at the Land Office and the permits, review or draft the contracts, validate the ownership structure for a foreigner and register your rights at the Land Office.
How does the buying process work?
In 6 steps: a shortlist and viewings in person or by video; an offer and a reservation deposit; due diligence by your lawyer; the sale and purchase or lease contract with its payment schedule; the balance paid and the transfer or lease registered at the Land Office; then the keys, with water, electricity and internet in your name.
How do I pay for a condominium from abroad?
For a freehold condominium, the money must come from abroad, in foreign currency. The bank's transfer certificate is needed at the Land Office.
Every purchase is a little different.
Tell us about yours: Benjamin answers your first questions and helps you prepare the ones to ask your lawyer.
General information on Thai property rules as of November 2026, not legal advice. Laws and rates change.
Always confirm with an independent Thai lawyer before committing.