Once you know a foreigner cannot hold Koh Samui land freehold in their own name, the real question is which of the three legal routes suits your situation. They are not interchangeable, and each has different consequences for cost, control and your exit.
Key takeaways
- Foreigner freehold applies to condos only, and is the cleanest ownership available.
- A lease is simplest for villas and land, with no company to run.
- A company gives the most control and an indefinite hold, at the cost of annual filings.
- Think about how you will exit before you choose, not after.
The three routes side by side
| Freehold condo | 30-year lease | Thai company | |
|---|---|---|---|
| Applies to | Condo units | Villas and land | Villas and land |
| Ownership | Outright, in your name | Registered right for the term | Company holds freehold |
| Running cost | None beyond fees | None | Annual accounts and filings |
| Hold length | Indefinite | 30 years, renewable by contract | Indefinite |
| Exit | Sell to a foreign buyer in quota | Assign remaining term | Sell the company |
Foreigner freehold, for condos only
If you buy a condominium unit inside the 49% foreign quota, you own it freehold, in your name, and can sell it to the next qualifying foreign buyer. It is the cleanest ownership available to a foreigner in Thailand, limited only to condominium units. Browse condos and apartments.
The registered 30-year lease
For a villa or a plot of land, a registered lease is the simplest route: 30 years, registered at the Land Office, renewable by contract, with no company to run.
The Thai limited company
A company holding the freehold gives the most control and, in principle, an indefinite hold. It also carries obligations: annual accounts, tax filings and running costs of typically a modest few hundred dollars a year. Several of our villa listings are offered with a company already in place, which simplifies transfer.
How each affects your exit
This is the part most buyers underweight.
A lease with eight years left is a very different proposition to one with twenty-eight. Think about your exit before you choose the structure.
Samui Elegance Real Estate
A freehold condo sells to any qualifying foreign buyer. A company-held villa can transfer by selling the company itself, which can be clean and avoid some transfer costs. A lease transfers by assigning the remaining term. Read more in our guide to whether foreigners can buy on Koh Samui.
Frequently asked questions
Is leasehold or freehold better on Koh Samui?
For a condo, foreigner freehold is the cleanest. For a villa or land, a registered 30-year lease is simplest, while a Thai company gives more control at the cost of annual filings. The right choice depends on your timeline and exit plan.
What happens at the end of a 30-year lease?
Renewal depends on the contract you negotiated at the start. A well-drafted lease provides for renewal by contract, which is why the wording matters as much as the term itself.
Can I sell a company-owned villa easily?
Often yes, by selling the company that owns it rather than transferring the land, which can be cleaner and avoid some transfer costs. Your lawyer will advise on the specifics.
Are the running costs of a company high?
No. Annual accounts and filings typically cost a modest few hundred dollars a year. For a larger or longer-term investment many buyers consider that worthwhile for the control it gives.
Want the right structure for your purchase?
We will explain which route applies to a specific property and what it means for your exit, then refer you to an independent lawyer.
