How Foreigners Can Legally Buy Property in Thailand – A Guide to Investing in Real Estate on Koh Samui

Real Estate Koh Samui
Written By Irek Zdunek

Over the past few years, Thailand has seen a significant rise in interest from international investors in the property market—especially in highly sought-after destinations like Koh Samui. With its tropical beauty, high quality of life, and growing infrastructure, Koh Samui real estate offers an attractive opportunity for both lifestyle buyers and investors.

However, due to legal restrictions that apply to foreigners purchasing property in Thailand, it’s important to understand the correct and secure ways to buy real estate as a non-Thai citizen.

Can Foreigners Buy Property in Thailand?

Yes – foreigners from Europe, the USA, Australia, and other countries can invest in real estate in Thailand, including properties on Koh Samui. Thai law treats all foreign buyers equally, regardless of nationality, but there are specific legal frameworks to follow.

Below are the main legal options for foreign buyers looking to invest in Koh Samui property.

1. Buying a Condominium in Thailand

Buying a condo is the simplest and most popular way for foreigners to legally own property in Thailand.

Key requirements:

  • Foreigners can own up to 49% of the total sellable area in a registered condominium building.

  • The purchase must be fully paid using foreign currency transferred from abroad.

  • The transfer must be documented with a Foreign Exchange Transaction Form (FET) from the Thai bank.

  • The property must be officially registered as a condominium under Thai law.

Buying a condominium on Koh Samui is a secure and fully legal way for foreigners to own real estate in their own name.

2. Leasehold Land – Long-Term Lease Agreements

While foreigners cannot directly own land in Thailand, they can lease land for up to 30 years, with the option to renew.

Key features of leasehold property in Koh Samui:

  • Lease agreements must be registered at the Land Department.

  • Renewal clauses for another 30 years are common, but not guaranteed by law.

  • The lessee can build a villa or home on the leased land, but the land remains under the Thai owner's name.

Leasehold villas in Koh Samui are a popular option for those seeking luxury homes without full land ownership.

3. Buying a House (Building) Without Owning the Land

Foreigners can legally own a building or structure in Thailand, even if they don’t own the land it sits on.

Options include:

  • Building a house on leased land.

  • Purchasing an existing home while leasing the land separately.

In both cases, the ownership of the structure can be registered under the foreigner’s name at the Land Department.

4. Setting Up a Thai Limited Company

Some foreign investors choose to establish a Thai company to hold land and real estate assets.

Important legal considerations:

  • At least 51% of company shares must be owned by Thai nationals.

  • The company must operate a legitimate business and pass scrutiny by Thai authorities.

  • Thai shareholders must be real and financially active – not just on paper.

This method should only be pursued with the assistance of a qualified property lawyer and trusted Thai partners.

5. Buying Property Through Marriage with a Thai National

If married to a Thai citizen, a foreigner may purchase land in their spouse’s name.

Conditions include:

  • The land must be registered under the Thai spouse’s name.

  • The foreigner must sign a declaration waiving all ownership rights and confirm the funds came from the Thai spouse.

  • A building may be registered under the foreigner's name, but not the land.

Buying a Condominium on Koh Samui as a Polish or EU Citizen

Foreigners can legally purchase condominiums in Thailand, including on Koh Samui. Here's a checklist of required documents and steps:

Before the Purchase

  • Passport (original + copy)

  • Any valid visa (tourist or non-immigrant)

  • Thai Tax Identification Number (TIN) – issued at the local tax office

  • Foreign currency transfer from a personal overseas account directly to the seller or developer

    • Include the note: “For the purchase of a condominium unit in Thailand”

  • Foreign Exchange Transaction Form (FET) – provided by the receiving Thai bank

On Purchase Day

  • Sales Agreement with the seller or developer

  • Title Deed (Chanote) – verified at the Land Department

  • Payment proof and invoices

  • Registration of ownership at the local Land Office

Required documents:

  • Passport + copy

  • FET Form (original)

  • Purchase agreement

  • Payment confirmation

  • Building certificate (condominium compliance)

  • Application and registration fees

After Purchase – What to Do Next

  • Declare property ownership at the local tax office (low or zero property tax)

  • Consider home insurance

  • Register your residence (TM30) at the Immigration Office if you plan to live in the unit

Additional Legal Tips for Foreign Buyers

  • Always consult with an independent real estate lawyer in Thailand

  • Only use overseas wire transfers to ensure legal ownership eligibility

  • Confirm that the condominium is fully registered and compliant with foreign ownership regulations

Ready to Invest in Koh Samui Real Estate?

Whether you’re looking for a holiday home, a retirement villa, or a smart real estate investment, our team at Samui Properties is here to guide you through every step.

Contact us today to explore freehold condos, leasehold villas, and investment-ready properties on Thailand’s most beautiful island.

Irek Zdunek