Can a foreigner own property on Koh Samui? A 2026 guide

Short answer: yes to a condominium unit, no to land in your own name, and everything else depends on what you hold against the land.
Here is what each route actually gives you on Koh Samui and Koh Phangan.

1. Condominium units: freehold, but limited stock

Foreigners can hold freehold title to a condo unit in a registered condominium, provided foreign ownership stays within 49% of the building's saleable area.
On Samui this is a small part of the market and almost none of it is villa product, so most buyers looking for a private pool villa never find a condo that fits.

2. The building, not the land

A foreigner can own a house or structure in their own name while the land underneath belongs to someone else.
It works, but it splits the asset: the value of a villa is mostly the plot and the view, and a building without a secure right over its land is difficult to sell and impossible to finance.

3. A 30-year lease

The most common offer.
A lease is a personal contract: transfer needs the landlord's consent, inheritance is contested, and no bank lends against it.
Renewal clauses beyond the registered term are promises rather than rights.
We compared it properly here.

4. The 51/49 Thai company.
The route to be careful with

A Thai limited company owns the land; the foreign buyer holds 49% of the shares and Thai shareholders hold 51%.
It is still the most frequently offered structure on the islands, and it is the one that carries real legal exposure.
If the Thai shareholders hold their shares on the foreigner's behalf, funded by the foreigner, with side agreements, share pledges or undated transfers, that is a nominee arrangement, prohibited under the Land Code and the Foreign Business Act.
Enforcement has come in waves, and the penalties reach the land itself.

There is also a quieter cost.
A company must file accounts and tax returns every year, the shareholders age and occasionally die, and any future buyer inherits the entire history.
Which is why company-held villas take longest to sell and attract the deepest discounts.

5. A Sap-Ing-Sith right: registered in your own name

Since 2019 Thai law recognises a registrable property right that a foreigner can hold personally for up to 30 years, inscribed on the Chanote itself.
It is transferable without consent, inheritable by statute, mortgageable, and it survives a change of landowner.
This is the route United Grace uses: our 100% Thai-owned company holds freehold title, and your right sits on the same deed in your personal name.

The five routes, side by side

What to check before you sign anything

Open the property owner checklist

And after you own it

Ownership is one of three problems.
The other two are earning from the villa, and being able to get out when you want to.
Inside the United Grace network those are answered by Hospitality and the owners' network.

Questions we get asked

Can my Thai spouse own the land?

It is permitted, and it is common.
Be aware of what it means: the land is legally hers, and at the Land Office you will normally be asked to declare that the funds were her personal property.
A registered right in your own name can sit on that same deed.
Which is how many mixed couples resolve it.

Does long-term residence change the land ownership rules?

No.
Visa status and land ownership are separate regimes.
Long-term residence does not open freehold land to a foreign individual.

What government fees should I budget for?

On Tracks A and B, the client pays taxes and government fees for both the property sale to United Grace and the grant or transfer of the right.
On Track C, United Grace funds the purchase and pays these taxes and fees for both stages.
Use the calculator for a stage-by-stage estimate and confirm the amounts and cost allocation in the agreement.
Get it in writing before any deposit.

Are the rules different on Koh Phangan?

The law is identical.
The practical differences are title quality, slope and access.
Hillside plots on Phangan more often carry a lesser title class than a full Chanote, and that limits what can be registered against them.

Buying on Samui or Phangan this year?

Send the plot and the price.
We'll tell you what can be registered in your name, and what it costs.

Get a contract proposal

Not legal advice.
Confirm any structure with independent Thai counsel.
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Research note, not legal or investment advice.
Confirm any structure with independent Thai counsel.