How to buy or build property in Koh Samui as a foreigner

Yes, a foreigner can own a home on Koh Samui, but not the land under it outright. Most buyers own the building and hold the land on a registered lease, or through a properly run Thai company.

Then there are two ways in. You can buy a finished or nearly finished villa, which is faster and more certain. Or you can build your own, which gives you full control but depends on your builder.

Either way, two choices matter most: how ownership is set up, and how carefully you check who you are trusting.

This is plain-English information, not legal or tax advice. Thai property law depends on the buyer, the title deed and the plot. Before you pay anything, use your own independent Thai lawyer, not one recommended by the seller.

Can a foreigner own property on Koh Samui?

Yes, with one firm limit: foreigners cannot hold freehold land in Thailand. Freehold means owning the land itself, outright and for good. That one rule is behind every "you can't own here" warning you will read.

It stops you owning the ground, not the home. These are the usual routes, each with trade-offs:

• Own the building, lease the land. You can own the villa in your own name and hold the land on a leasehold: a lease registered at the Land Office, giving you sole use of the land for a fixed term. Promises to renew it later are contract terms, so ask your lawyer how far they can be relied on.
• Hold the land through a Thai company. A Thai limited company can own land, and foreigners often hold part of one, but only a real, trading business qualifies. Using Thai shareholders just to hold land for a foreigner is illegal.
• Buy a condominium unit. Foreigners can own some condo units freehold, which matters more in Bangkok or Phuket than on Koh Samui, a mainly villa market.

A chanote is the strongest type of Thai title deed: land that has been surveyed and registered by the government. You want the land under any villa to have one.

BOI stands for Board of Investment, the Thai body that promotes certain businesses. A BOI-approved business can sometimes own land, but this rarely applies to a private home.

We go deeper in how foreign ownership works on Koh Samui and in leasehold versus freehold on Koh Samui.

Buy or build: which path fits you?

Once you understand ownership, the real choice is how you get the property. You buy something that exists, or soon will, or you build it yourself.

Buying a finished or off-plan villa

The appeal is speed and certainty: a finished villa can be walked through today, and its price is fixed. Off-plan means buying before the building is finished, from drawings and a list of what is included. You pay in stages, and the risk is whether the developer delivers what was drawn.

That is why finished work matters more than any render. At our Portofino Village above Lipa Noi, Villa Emerald and the first Villa Pearl plot are completed, and another villa there is finished and let, so buyers can visit finished villas instead of judging a brochure. Before you pay a deposit off-plan, read is off-plan safe on Koh Samui, and how to vet a developer.

Building your own

Building gives you what buying cannot: your own design, on the plot you chose, finished the way you want. The trade-off is that you take on a project. The result is only as good as the builder in charge.

It also takes longer and carries more budget risk than a fixed-price purchase. Island plots bring slopes, drainage and the rainy season, and permits take time. We cover the money in what it costs to build a villa in Koh Samui.

Building here is routine when it is done properly. We built Villa Picasso Ko Samui in Taling Ngam in 2022, and it was later sold: the whole cycle, from bare plot to sale. Before every build we hold a Thai land blessing, as we did for Villa Pearl at Portofino Village.

A simple way to decide

There is no right answer for everyone, only for your priorities.

• You want to use or rent it soon: buy a finished villa. Nothing to wait for.
• You want your own design and finish: build. You decide every detail.
• You need budget certainty: buy a finished villa. Its price does not move; a build's can.
• You want full control and can follow a project: build. The effort pays off in the result.
• You want to test the area first: buy a finished villa, or rent for a while before committing.

How ownership works on each path

The routes above apply to both paths, but they land differently.

On Instagram: See this on Instagram

When you buy, the developer has usually set up the ownership already. The land may sit in a company, or come with a registered lease and the building in your name. Your lawyer checks that the setup is sound, that it passes cleanly to you, and that the land has a chanote.

When you build, you usually secure the land first, so you choose the setup at the start. You then build the villa in your own name on top. The setup is designed around you rather than inherited.

Either way, ask your lawyer to compare a lease and a company route against your tax position and your plans to sell one day.

How to vet who you are trusting

Whether you buy or build, you are handing a large sum to a company far from home. The test is the same for a developer and a builder. It comes down to things you can check yourself.

Finished, dated buildings you can visit, not renders. Our South Beach Inn, a boutique hotel on Thong Krut Beach, opened in March 2025 and we still run it. You can stay there and look around.

A finished-and-sold example. Anyone can start a project, so ask who has finished one and handed it over. Villa Picasso Ko Samui is ours, built and sold.

A record of running what they build. Our rental team, ATS Luxury Stays, runs the Laem Sor villas we built or rebuilt, which rate 4.7 to 4.9 on Airbnb. In Mexico, we say Villa Picasso Tulum has earned rental income every month for two years since it was completed in 2023.

Work done for other people. We built a gym, pool and café complex for a client in Lamai. A serious builder can show you a finished building of similar size, so ask to see it.

Our checklist for choosing a builder on Koh Samui has the full list.

A name check: Villa Picasso Ko Samui, in Taling Ngam, and Villa Picasso Tulum, in Mexico, are two different villas.

What returns are realistic?

People often ask about rental income in the same breath as ownership. Returns depend on the villa, where it is, how it is run and how many weeks a year it is booked.

We will not quote a headline figure, because no one can promise one in advance. For how bookings and income behave in practice, read what a Koh Samui villa really earns. Location does much of the work, so read our area guide to buying on Koh Samui too.

Questions people ask

Can a foreigner own land in Thailand?

Not as freehold, which means owning it outright. You can own the building, hold the land on a registered lease, or hold it through a properly run Thai company. Confirm the right setup with your own Thai lawyer.

What is the difference between leasehold and freehold?

Freehold is owning the land outright, with no end date, and it is not open to foreigners. Leasehold is a registered right to sole use of the land for a fixed term. Most foreign buyers on Koh Samui use a lease or a company.

Is it safe to buy off-plan on Koh Samui?

It can be, if the developer has already finished and handed over similar villas. The risk is delivery, so look for evidence. That means finished, dated projects you can visit, and payments tied to real stages of the build.

Can I earn rental income as a foreign owner?

Yes, many foreign-owned villas on Koh Samui are let to holiday guests, usually through a management company. Income varies with location, quality and bookings. There are tax steps too, so take local tax advice.

Why talk to a team that does both

Most firms sell one answer. An agent wants you to buy; a builder wants you to build. We do both, and we still run what we build: the hotel that is open, and the villas that rent.

Talk to us before you decide, and we will tell you which path fits your plans. To see the finished villas at Portofino Village, or to plan a build on your plot, talk to us.

Bring your own lawyer. We would rather you did.