Foreign Property Ownership in Koh Samui: Laws & Options 2026

Thailand’s property laws for foreign nationals are frequently misunderstood — and that misunderstanding costs buyers dearly. This guide outlines exactly what foreigners can own in Koh Samui in 2026, the legal pathways available, and the regulatory landscape following Thailand’s recent policy revisions.

The Core Principle: Land vs Structures

Thai property law draws a sharp distinction between land and buildings. The general prohibition is on foreigners owning land. Structures built on land — villas, houses, and condominiums — follow different rules.

What Foreigners Can Own (Freehold)

Condominium units under the Condominium Act B.E. 2522 (1979):

• Foreigners may own condominium units outright in their personal name
• The aggregate foreign ownership quota per building cannot exceed 49% of total unit space
• Funds must be remitted to Thailand in foreign currency and converted to Thai Baht, with a Foreign Exchange Transaction Form (FET/TT3) as proof
• The unit title is a Nor Sor 4 Jor (Chanote) — the highest grade of Thai title deed

What Foreigners Cannot Own Directly

• Land plots (Rai, Ngan, or Wah-denominated parcels)
• Landed houses with freehold land titles registered in a foreign name

Legal Pathways for Foreigners Seeking Land Ownership

1. Thai Limited Company A Thai company (Borisat Chamgat) with foreign shareholding of up to 49% may own land. The remaining 51% must be held by Thai nationals. Critical caveat: using nominee Thai shareholders with no genuine business interest is illegal under the Foreign Business Act and the Land Code. The Revenue Department and Land Department have increased scrutiny of company-owned properties since 2023.

2. Long-Term Lease (Leasehold) 30-year leases registered at the Land Department are the most common structure for foreign villa buyers. Many developers include contractual options for two additional 30-year renewals — but only the initial 30-year term is legally protected.

3. Board of Investment (BOI) Promotion Foreign investors who inject at least ฿40 million into Thailand and maintain that investment for at least 3 years may apply for BOI permission to own up to 1 Rai (1,600 sqm) of land for residential use. This pathway was expanded under the Long-Term Resident (LTR) visa scheme introduced in 2022.

4. Industrial Estate Authority For commercial/industrial purposes only — not applicable to residential real estate.

The Long-Term Resident (LTR) Visa & Property Rights

Thailand’s LTR visa programme (launched 2022, updated 2025) grants 10-year renewable visas to qualifying wealthy individuals and retirees. LTR visa holders who invest at least ฿40 million in Thai property may apply for land ownership rights under BOI provisions — making this the most accessible pathway to genuine freehold land ownership for high-net-worth foreign buyers.

LTR Wealthy Resident criteria (2026):

• Minimum assets of USD 1 million
• Minimum annual income of USD 80,000 (or total assets USD 500,000 if retired)
• Investment of at least USD 500,000 in Thai assets (property, government bonds, or Thai-listed securities)

Recent Regulatory Changes (2025–2026)

• Nominee crackdown: The Department of Business Development issued new guidelines requiring Thai shareholders in property-holding companies to demonstrate genuine business involvement. Due diligence on existing company structures is strongly advised before any transfer
• Digital asset investment eligibility: Qualified digital asset portfolios now count toward BOI investment thresholds for LTR visa purposes
• EEC zone incentives: The Eastern Economic Corridor Act extensions do not directly affect Koh Samui, but reflect Thailand’s broader liberalisation trajectory for foreign investment

Condominium Foreign Quota Check

Before purchasing a condominium unit in Koh Samui, always request a foreign quota certificate from the juristic person manager. If the 49% limit has been reached, you can only purchase under Thai name or leasehold — not freehold. Popular developments near Chaweng and Maenam Beach occasionally hit foreign quota capacity.

Our Recommendation

For the majority of foreign buyers in Koh Samui:

• Condominiums: Buy freehold in your personal name (simplest, most secure)
• Villas under ฿40M: Leasehold with a registered 30-year term and documented renewal provisions
• Villas over ฿40M or permanent residence: Evaluate the Thai company structure or LTR/BOI pathway with qualified legal counsel

Contact our team for a personalised ownership structure recommendation before you sign any agreements.