Yes, foreigners can own property on Koh Samui, but not in every form and not through every route that gets offered to them. Thai law does not allow a foreign national to hold land freehold in their own personal name, and that single rule shapes everything else.
Key takeaways
- A foreigner cannot hold land freehold in their own name in Thailand.
- A condominium unit is the one form you can own freehold outright.
- Villas and land are held via a 30-year registered lease or a Thai company.
- Avoid nominee-shareholder company structures. They are not legal in Thailand.
The three legal routes at a glance
There are three workable ways for a foreigner to own Koh Samui property. Each suits a different kind of purchase.
| Route | What you own | Best for |
|---|---|---|
| Freehold condo | The unit outright, in your name | Apartment buyers who want their name on a title |
| 30-year lease | A registered right for the term, renewable | Most villa and land buyers |
| Thai company | The freehold, held by a company you direct | Larger or longer-term investments |
Route 1: Freehold condominium ownership
This is the one form of Thai property a foreign national can own outright, freehold, in their own name. The catch is the quota.
See our current apartments and condos for sale.
Route 2: A registered 30-year lease
This is the most common route for villas and land. You take a registered lease for 30 years, the maximum single term Thai law recognises, renewable by contract and registered at the Land Office. It is straightforward, widely used, and how most foreign villa buyers hold their home.
Route 3: A Thai limited company
A Thai limited company can hold land and villas freehold, and a foreign national can direct it. This is legitimate when the company is a genuine business with real Thai shareholders and proper articles of association. It is a real structure with real obligations: annual accounts, filings and a genuine commercial purpose.
The structure to avoid
You will be offered a fourth option that sounds like the third: a company set up purely to hold your property, with nominee Thai shareholders who have no real stake.
If something is wrong with the way a property is held, you should hear it from your agent before you hear it from your lawyer.
Samui Elegance Real Estate
Frequently asked questions
Can a foreigner own land in Thailand?
Not freehold in a personal name. Land is held through a registered 30-year lease or a properly structured Thai limited company. A condominium unit is the one exception a foreigner can own freehold outright.
Are nominee company structures legal?
No. A company set up purely to hold property with nominee shareholders who have no real stake is not legal in Thailand, regardless of how commonly it is offered.
Do I need a lawyer to buy on Koh Samui?
Yes. The title check, the ownership structure and due diligence should be handled by an independent lawyer whose only client is you. We refer buyers to independent lawyers, not ones on our payroll.
Which route is cheapest?
A lease avoids company running costs; a condo is a clean freehold; a company carries annual filings but can simplify resale. The cheapest on paper is not always the best for your exit, so weigh all three.
Not sure which route fits your purchase?
Tell us what you want to buy and your plans, and we will set out the structure that applies and refer you to an independent lawyer to confirm it.
