Buying in Koh Samui
The complete guide for foreign buyers: what you can own, how the buying process works step by step, what it costs, how long it takes, the checks to make and where to look on the island.
In short
- Foreigners can own a condo freehold within the building’s 49% foreign quota. They can’t own land, so villas and plots are usually held on a registered 30-year lease with a superficies over the house.
- Reserve with a booking fee of around ฿100,000 up to a 5–10% deposit, under an agreement that is refundable if due diligence fails.
- Budget roughly 2–4% of the price for the buyer’s share of fees, legal costs and set-up, depending on the deal.
- A straightforward resale purchase typically completes in around 8 weeks from an accepted offer.
- Always use an independent lawyer, and never a structure that relies on nominee shareholders.
Koh Samui is one of Thailand’s most established places to buy a home or an investment property. It has an international airport, private hospitals, international schools and a rental market that runs all year. But buying here works differently from buying at home. How a foreigner can own property depends on what you buy, and the protection you have depends on the checks you make and the contracts you sign. This guide takes you through the whole journey, from deciding what to buy to collecting the keys, and links to a detailed guide on every topic. To see what’s available now, browse property for sale in Koh Samui.
General information, not legal or tax advice. Thai law, tax rates and local building regulations change from time to time. Confirm legal and tax points with an independent property lawyer before you commit.
What you can buy on Koh Samui
Freehold
Condominium unit
Best for: outright ownership, lock-up-and-leave, rental
- Title
- Or Chor 2 in your name
- Term
- No end date
- Typical price
- from about ฿2.5m
- Main areas
- Lamai, Bophut, Chaweng, Bangrak
Leasehold
Pool villa or land
Best for: private homes, holiday lets, building your own
- Title
- Lease and superficies, registered
- Term
- 30 years per registration
- Typical price
- from about ฿4.5m
- Main areas
- All around the island
- Condos and apartments: the simplest route to freehold ownership. Most Samui condos are low-rise, resort-style buildings. See condos for sale and buying a condominium in Thailand.
- Villas and houses: what Samui is best known for, from two-bedroom garden villas to large sea-view estates. See villas for sale.
- Land: the most control over design and location, and the most due diligence. See land for sale and buying land in Koh Samui.
- New developments and off-plan: lower prices and payment plans in exchange for construction risk. See developments and buying off-plan.
Condo or villa: how to choose
| Question | Condo | Villa |
|---|---|---|
| Do you want outright ownership? | Yes: freehold | Usually leasehold land with the house in your name |
| How much upkeep do you want? | Low: the building manages common areas | Higher: pool, garden, maintenance |
| How will you use it? | Lock-up-and-leave, long-term letting | Family home, holiday letting, privacy |
| Budget | From about ฿2.5m | From about ฿4.5m; most good villas ฿8m+ |
| Rental | Long-term lets; short-term only in licensed buildings | Holiday lets with licensing; long-term family lets |
| Resale | Wide buyer pool if foreign quota is available | Depends on location, quality and remaining lease |
How foreigners can own property
This is the most important decision in your purchase. The structure decides what you own, for how long, and how easily you can sell or pass it on.
| Structure | What you hold | Typical use |
|---|---|---|
| Freehold condo | The unit, in your name, with no end date | Condos within the foreign quota |
| Lease + superficies | Use of the land for up to 30 years; ownership of the house | Most villas and land |
| Sap Ing Sit | A tradeable 30-year right to use the property | Rare so far |
| Usufruct or habitation | Use of the property, for a term or for life | Couples and family arrangements |
| Genuine Thai company | Shares in a company that owns the land | Real operating businesses only |
The law
Foreigners can’t acquire land in Thailand except under limited routes requiring ministerial approval. Foreigners together may own up to 49% of the floor area of a registered condominium, if the money is brought in from abroad in foreign currency. A lease of land can’t exceed 30 years.
Land Code section 86; Condominium Act sections 19 and 19 bis; Civil and Commercial Code section 540
Watch out
Nominee structures, in which Thai shareholders hold land “on paper” for a foreign buyer, are illegal and can be unwound. Renewal promises such as “30 + 30 + 30” are not guaranteed. Value a lease on its registered term.
Read more in foreign property ownership in Thailand, freehold vs leasehold and usufruct, superficies and servitudes.
Title deeds you’ll come across
| Title | What it means | Our view |
|---|---|---|
| Chanote (Nor Sor 4 Jor) | Full title, GPS-surveyed boundaries | Preferred |
| Nor Sor 3 Gor | Confirmed right of use; usually upgradeable | Acceptable with checks |
| Nor Sor 3 | Right of use; transfers need a 30-day public notice | Higher risk |
| Sor Kor 1, Sor Por Kor and lesser rights | Not full titles; restricted or not transferable | Avoid |
| Or Chor 2 | Condominium unit title | The title for a freehold condo |
The buying process, step by step
- Free consultation. We start by understanding your goals: how you’ll use the property, your budget, timeframe and preferred areas, and how well you know the Samui market. Then we fill in the gaps, so you can make decisions with confidence.
- View and shortlist. Viewings across the island, or virtual tours if you’re overseas, with honest comparisons of properties and areas.
- Make an offer and agree terms. We negotiate the price, what’s included, the deposit and payment schedule, who pays which transfer costs, and the completion date.
- Reservation agreement and deposit. Deposits generally range from a booking fee of around ฿100,000 up to 5–10% of the price. The agreement sets a due diligence period and says when the deposit is refundable.
- Appoint an independent lawyer who acts only for you. We can introduce lawyers we’ve worked with; the choice is yours.
- Due diligence. Your lawyer checks the title, encumbrances, access, permits, the seller and, for condos, the foreign quota. See property due diligence.
- Sale and purchase agreement. Drafted after due diligence, with deadlines for signing and for transfer. Off-plan contracts add payment milestones, specifications and remedies for delay.
- Transfer funds correctly. Send money from abroad in foreign currency, in your name, so the bank can issue the FET form needed for a freehold condo.
- Transfer at the Land Office. Both parties, or their representatives under power of attorney, attend the Koh Samui Land Office. Fees and taxes are paid and the title or lease is registered.
- Handover and after-sale support. Keys, utility accounts and condo records, plus help with furnishing, management, rental set-up and local contacts.
How long it takes
| Stage | Typical time |
|---|---|
| Due diligence period | 15–30 days |
| Drafting the agreements | about 15 days |
| Reviewing and signing | about 15 days |
| Transfer at the Land Office | 15–30 days after signing |
A straightforward resale purchase typically completes in around 8 weeks from an accepted offer, sometimes quicker. Off-plan purchases follow the construction schedule.
What it costs
| Cost | Typical rate | Usually paid by |
|---|---|---|
| Transfer fee (freehold) | 2% of the appraised value | Negotiable; often 50/50 |
| Specific Business Tax | 3.3%, if the seller held under 5 years or is a company | Seller |
| Stamp duty | 0.5%, when SBT doesn’t apply | Seller |
| Withholding tax | Progressive for individuals; 1% for companies | Seller |
| Lease registration | 1% of total rent + 0.1% stamp duty | Negotiable; often the buyer |
| Legal fees | Fixed fee or percentage | Buyer |
| Condo sinking fund and first year’s fees | Set by the building | Buyer |
Ongoing costs include common-area fees, Land and Buildings Tax, utilities, insurance and maintenance. See property taxes and transfer fees and villa running costs.
The checks that protect you
- Title type, owner and every registered right on the back of the deed.
- Legal road access: road frontage or a registered servitude.
- Building permits, completion and house registration.
- Samui’s height, coastal and slope rules for the plot.
- Electricity, water and wastewater arrangements.
- Condos: foreign quota, juristic person accounts, unpaid fees.
- Off-plan: developer track record, land title, permits, EIA, payment protection.
- Rental: licensing for the way you plan to let.
- The seller’s right to sell, including spouse consent or company authority.
Where to buy on Koh Samui
| Area | Character | Best for |
|---|---|---|
| Bophut | Fisherman’s Village, schools, airport | Families, rentals |
| Chaweng & Chaweng Noi | The busiest beach; sea-view hills | Holiday lets |
| Lamai | Long beach, real town, most condos | Value, condos |
| Choeng Mon | Quiet bays, luxury villas | Prestige |
| Plai Laem & Bangrak | North-east corner, near the airport | Sea views, convenience |
| Maenam & Bang Por | Calm north coast | Space, value |
| Lipa Noi & the west coast | Sunsets, larger plots | Quiet, land |
Compare every area in our area guide.
Buying off-plan
- Check the developer’s completed projects and visit one.
- Confirm the land title, building permit and EIA where required.
- Link payments to verified construction milestones.
- Make sure the contract covers specification, completion date, penalties and what happens if the project stops.
- Treat rental guarantees as projections unless they’re contractual and backed by someone able to pay.
Read buying off-plan property in Koh Samui.
Buying to rent out
- Licensing: short-term letting under 30 days generally needs a hotel licence or a small-property exemption, and condo rules may ban it. See hotel licences and short-term rentals.
- Net, not gross: budget for management, commissions, maintenance and empty weeks.
- Evidence: look at real booking history, not projections.
Read the Koh Samui property investment guide.
Mistakes first-time buyers make
- Falling for a view before checking the paperwork: title, access and permits.
- Paying a deposit without a reservation agreement that makes it refundable if due diligence fails.
- Using the seller’s or developer’s lawyer.
- Valuing a leasehold villa on “90 years” when only 30 can be registered.
- Sending money the wrong way, so there’s no FET form for a condo.
- Believing brochure yields, and underestimating running costs.
- Buying in an area without trying it first. If you can, rent for a few weeks in the areas on your shortlist.
After you buy: the first 90 days
- Transfer electricity, water and internet into your name or your manager’s.
- Arrange buildings, contents and liability insurance from the day of transfer.
- Register the house, and apply for a yellow house book if you’re eligible.
- Make a Thai will covering your Thai property.
- Set up management and, if you’ll let it, licensing and TM30 reporting.
- Service the air conditioning, pool and water systems so you start from a known condition.
- Keep a file of every contract, receipt, FET form and Land Office document.
Buying from overseas
Many clients buy without being on the island for every step: virtual viewings, documents signed remotely, funds sent from abroad, and the transfer completed by your lawyer under a specific power of attorney.
Working with Samui Real Estate
Samui Real Estate has worked in the Koh Samui property market for well over a decade. Our team combines experience in agency work, market analysis and property development, with practical knowledge of the legal and construction side of buying and building on the island.
We help holiday-home buyers, families relocating, investors and developers, and we help sellers understand the market and price correctly. Every client is different, so we work case by case, and we explain why we give the advice we do. We work with developers and private owners alike, as long as their properties meet our standards. Samui Real Estate is a registered Thai company based on Koh Samui. Read more about how we work.
Frequently asked questions
Yes. A foreigner can own a condo freehold within the building’s 49% foreign quota. For villas and land, foreigners usually own the building and hold the land on a registered 30-year lease.
Not in your own name. Land is usually held on a registered lease with a superficies. Nominee company structures are illegal.
From a booking fee of around ฿100,000 up to a 5–10% deposit, under a reservation agreement with a due diligence period.
A 2% transfer fee, plus 3.3% Specific Business Tax or 0.5% stamp duty, plus withholding tax. Who pays what is negotiable. Leases cost about 1.1% of the total rent to register.
Around 8 weeks for a straightforward resale purchase from an accepted offer.
Yes. Use an independent Thai lawyer who acts only for you.
No. Visas are applied for separately. See living in Koh Samui.
Thai mortgages for non-residents are limited. Most buyers pay cash, use developer payment plans or borrow at home.
Ready to start?
Tell us your budget, preferred area and timeframe, and we’ll send a shortlist.
General information only, not legal or tax advice. Thai laws, tax rates and local regulations change; take independent professional advice for your own purchase.