Selling
How to sell a leasehold villa or land lease on Koh Samui: assigning the lease or granting a new one, the landowner’s consent, the house and superficies, the remaining term, costs and the paperwork buyers will ask for.
In short
- A leasehold villa is sold by assigning your lease to the buyer, or by the landowner granting a new lease.
- Check whether the lease needs the landowner’s consent to assign, and get it in writing before you market the property.
- The house and superficies must transfer too, not just the lease.
- The remaining term is the biggest driver of price; a new or extended lease can add value.
- Have the documents ready: buyers’ lawyers will examine the lease chain closely.
Most villas on Koh Samui are leasehold, and they’re bought and sold every week. Selling one isn’t difficult, but it has steps that freehold sales don’t: the lease itself, the landowner’s role, and the house and superficies that sit alongside the lease. Getting these right before you market the property avoids delays and protects your price. This guide explains how. For the general process, see selling property in Koh Samui.
General information, not legal advice. Have your lease reviewed by your lawyer before you agree terms with a buyer.
Two ways to sell a leasehold
| Assigning your lease | A new lease to the buyer | |
|---|---|---|
| How it works | Your remaining lease is transferred to the buyer | You surrender your lease; the landowner grants the buyer a new one |
| Term | The years left on your lease | Often a fresh term, up to 30 years |
| Landowner’s role | Consent, if the lease requires it | Must agree and sign |
| Value | Reflects the remaining term | Usually higher, with a longer term |
| Typical fee | Registration on the remaining rent value | Registration on the new lease’s rent |
The landowner’s consent
The law
A tenant cannot sublet or transfer a lease to someone else without the landowner’s consent, unless the lease allows it.
Civil and Commercial Code, section 544
Read your lease first:
- If it allows assignment without consent, you can transfer it to a buyer directly.
- If consent is needed, ask the landowner early and get it in writing, ideally in a form that can be registered.
- If the land has been sold or inherited since you signed, you’ll be dealing with the new owner. Check the title deed for the current owner.
Don’t forget the house and superficies
A leasehold villa usually involves three things that all need to transfer:
- The lease of the land.
- The superficies, which gives ownership of the buildings.
- The house itself, transferred at the Land Office.
If any of these is missing, the buyer’s lawyer will flag it, and it can delay or derail the sale. See usufruct, superficies and servitudes.
The remaining term and price
The years left on the lease are the biggest single factor in a leasehold villa’s value:
- A long remaining term (25+ years) sells broadly like a new villa.
- A medium term (15–25 years) is common and sells, but buyers price the shorter horizon in.
- A short term (under 15 years) narrows the pool of buyers and reduces the price.
If your term is getting short, consider negotiating a renewal or a new lease with the landowner before you sell. A registered new lease can add significant value. See how to value your property.
Documents buyers will ask for
- The land title deed, front and back, showing the registered lease.
- The lease agreement, and any renewal or amendment.
- The registered superficies.
- The house documents: building permit and house registration.
- Written landowner consent, if needed.
- Any registered servitude for road access.
- Estate rules and fee statements, if on an estate.
- Utility bills and, if let, rental records.
The sale process
- Review the lease with your lawyer: term, assignment, renewal, succession.
- Speak to the landowner if consent or a new lease is needed.
- Prepare the documents above and price the villa.
- Agree the sale and sign a reservation agreement with the buyer.
- The buyer’s due diligence on the lease chain and the house.
- Sign the sale agreement, setting out the price split between lease, building and contents.
- Register at the Land Office: the lease assignment or new lease, the superficies and the house transfer.
Costs
- Lease registration fees on the assignment or the new lease.
- House transfer fees and taxes on the building.
- Agency and legal fees.
- Any payment to the landowner for consent or a new lease.
Who pays each item is agreed in the sale contract. See property taxes and transfer fees.
Frequently asked questions
Yes, by assigning your lease or by the landowner granting the buyer a new lease, together with the house and superficies.
Only if your lease requires consent to assign. Many do. Check before you market the property.
Strongly. Fewer years means a lower price, especially once the term is under about 15 years.
If the landowner agrees, a renewal or new lease can be registered, often adding value.
Your registered lease binds the new owner, but any consent or renewal must come from them.
Selling a leasehold villa?
We’ll review your lease and help you price and sell it properly.
General information only, not legal advice.