Can foreigners own property in Thailand? The structures, honestly

Yes, a foreigner can own a villa on Koh Samui, but not the land under it in their own name. Thai law keeps land ownership for Thai nationals and Thai companies. So foreign buyers usually own the building and hold the land on a registered lease, usually 30 years.

Some use a Thai company that is a real, working business. A few buy a condo unit outright, within a quota for foreign owners. Which structure fits you depends on your plans, your tax position and how you want to sell or pass the villa on.

This guide explains each one in plain English. It is not legal advice. Use your own independent Thai lawyer, not one the seller recommends.

The short answer

You can own a home here. You cannot own Thai soil as a private foreign person. Everything else is about how you bridge that gap safely.

If you are still deciding whether to buy or build at all, start with our guide on how to buy or build property on Koh Samui as a foreigner. This page goes one level deeper on ownership.

Three words to know first

• Freehold: owning something outright, with no end date. Foreign individuals cannot hold Thai land freehold.
• Leasehold: the right to use land for a fixed term, set out in a lease. On Koh Samui this lease should be registered at the Land Office (the government office that keeps land records).
• Chanote: the strongest kind of Thai title deed, with land that has been properly surveyed and registered. It is also written as Nor Sor 4 Jor. You want one under any villa you buy.

The four ways foreigners hold property

On Instagram: Villa Pearl, Plot 1 on completion, July 2026.

1. Own the building, lease the land

This is the route we see foreign villa buyers use most often. Thai law lets the building and the land have different owners. You own the villa in your own name and lease the land it stands on.

The lease is registered on the land's title deed. The registered term is usually 30 years.

Some sellers promise renewals on top. Those renewals are a promise in a contract, and a future landowner may not be bound by them, so ask your lawyer how much they are worth.

A superficies can sit alongside the lease. It is a registered right to own a building on someone else's land. It gives your ownership of the villa a clearer record.

2. Hold the land through a Thai company

A Thai limited company can own land. Foreigners can be shareholders, but Thai shareholders must hold the majority.

This only works if the company is a real business with a real purpose. Using Thai shareholders who are only there on paper to hold land for a foreigner is illegal.

Lawyers call them nominees, and the risk falls on you. A company also needs yearly accounts and tax filings, so it is an ongoing job, not a one-off form.

3. Buy a condo unit freehold

Foreigners can own a condominium unit freehold, in their own name. Each registered condo building can only sell a set share of its floor space to foreign owners.

This is called the foreign quota. The money for the purchase usually has to come into Thailand from abroad, with a bank record to prove it.

On Koh Samui this route is less common. In our experience, foreign buyers here mostly ask about villas, not condos.

4. BOI promotion, if you are running a business

BOI stands for the Board of Investment, a Thai government agency. A company with BOI promotion can sometimes own the land it needs for that promoted business.

It is aimed at businesses such as hotels or factories. It is very rarely a route for a private holiday villa, so treat any offer built on it with care.

Which structure suits which buyer

• You want a holiday home you use and sometimes rent out: building ownership on a registered lease is the most common fit. It is simple to hold and simple to explain to a buyer later.
• You are running a real business on the land: a properly set up Thai company may fit, with an accountant from day one.
• You want the simplest freehold title: a condo unit within the foreign quota, if you find the right building.
• You are building a hotel or similar: ask your lawyer whether BOI promotion applies. For most villas it will not.

For a closer look at how a lease compares with company-held freehold for a villa, read leasehold vs freehold on Koh Samui.

What to check before you sign

• The land has a chanote, and the name on it matches the person or company selling to you.
• The lease, and any superficies, will be registered at the Land Office, as well as signed between you and the owner.
• You understand which promises are registered and which are only in a contract, such as lease renewals.
• If a company is involved, it is a working business with real shareholders and up-to-date accounts.
• Your lawyer is independent. They work for you, not for the developer or the agent.

If you are buying before a villa is finished, the developer matters as much as the paperwork. Our guide on whether off-plan is safe on Koh Samui and how to vet a developer covers that side.

What we have seen as a developer

We build villas on Koh Samui, and we have sold them. We built Villa Picasso Ko Samui in Taling Ngam in 2022 and sold it. That is a different house from Villa Picasso in Tulum, Mexico.

At Portofino Village in Lipa Noi, Villa Emerald and the first Villa Pearl plot are completed, and another villa there is finished and let. Ask us what is available. If you look at a villa with us, ask exactly how the land and the building are held.

Then have your own lawyer check every document. We would rather you did.

Questions people ask

Can a foreigner own land in Thailand?

Not as a private individual. Thai land can be owned by Thai nationals and Thai companies.

A foreigner can own the building, lease the land on a registered lease, or hold shares in a Thai company that is a genuine business. Confirm the right route with an independent Thai lawyer.

How long is a land lease in Thailand?

A registered lease is usually 30 years. Some contracts add renewal options.

Those options are promises in a contract, and they may not bind a future owner of the land. Ask your lawyer what they are worth before you rely on them.

Is a Thai company a safe way to own a villa?

It can be, if the company is a real business with real Thai shareholders and proper accounts. Using shareholders who only exist on paper to hold land for a foreigner is illegal. A company also brings yearly filings and costs, so it suits buyers running a business.

Can I own a condo in my own name?

Yes. Foreigners can own a condo unit freehold, within the foreign quota for that building.

The purchase money usually needs to come from abroad, with a bank record. On Koh Samui most buyers we meet want villas rather than condos.

What is a chanote?

A chanote is the strongest kind of Thai title deed. The land has been surveyed and its boundaries registered. Check that the land under any villa has one, and that the name on it matches the seller.

Do you give legal advice?

No. We explain how the structures work because buyers ask us about them. The decision on structure belongs with your own independent Thai lawyer, who works for you.

Talk to us

If you are weighing a villa on Koh Samui, we can show you finished homes and explain how a purchase with us works. Ask about investing, or see how we work with buyers. Bring your own lawyer.