Authored by the expert who managed and guided the team behind the Thailand Property Pack
Yes, the analysis of Koh Samui's property market is included in our pack
Buying property in Koh Samui as a foreigner comes with specific rules you need to understand before making any commitment.
This guide covers what you can legally own, what visa requirements apply, and how the buying process works step by step in January 2026.
We constantly update this blog post to reflect the latest regulations and market conditions on Koh Samui.
And if you're planning to buy a property in this place, you may want to download our pack covering the real estate market in Koh Samui.
Insights
- Foreigners can own a Koh Samui condo outright only if the building's 49% foreign ownership quota still has available units, which many popular developments have already filled.
- The 30-year lease cap under Thai civil law means that "guaranteed 90-year" villa deals marketed in Koh Samui are legally unenforceable beyond the first term.
- Koh Samui's strict hillside and coastal building controls can prevent you from legally renovating or expanding a villa, even if you already hold a valid lease.
- Annual property tax in Koh Samui typically runs between 0.02% and 0.10% of assessed value, far lower than most Western countries.
- Foreign buyers on Koh Samui commonly see mortgage rates between 4% and 7% in 2026, but approval usually requires local income or a strong Thai banking relationship.
- Closing costs in Koh Samui typically range from 3% to 7% of the declared property value, depending on which taxes apply and how costs are split with the seller.
- Most Koh Samui villa listings in areas like Bophut, Chaweng Noi, and Lamai are leasehold structures, not true freehold ownership, despite marketing language.
- Rental income earned on Koh Samui property is taxed as personal income in Thailand, with effective rates for foreign landlords often landing between 5% and 20%.
- Insurance premiums for Koh Samui homes typically run 0.1% to 0.4% of rebuild value annually, with coastal and hillside properties often paying more due to weather exposure.
Fact-checked and reviewed by our local expert
Daniel Rouquette 🇫🇷
CEO & Co-Founder at Villa Finder
What can I legally buy and truly own as a foreigner in Koh Samui?
What property types can foreigners legally buy in Koh Samui right now?
Foreigners in Koh Samui can legally buy condominiums outright (freehold), lease villas or houses for up to 30 years, and in some cases own the building on leased land, but direct freehold land ownership is generally off the table.
The single most important limitation is that Thai law restricts foreigners from owning land in their personal name, so most villa purchases on Koh Samui involve a registered leasehold rather than true ownership of the land underneath.
For condos specifically, there's a 49% foreign ownership quota per building, meaning you can only buy freehold if that quota hasn't already been filled by other foreign buyers.
In practice, this means that when you browse villa listings in popular Koh Samui areas like Bophut, Plai Laem, Choeng Mon, Chaweng Noi, or Lamai, most will be structured as long-term leases or involve ownership of the building only, not the land.
Finally, please note that our pack about the property market in Koh Samui is specifically tailored to foreigners.
Can I own land in my own name in Koh Samui right now?
For a typical foreign individual buyer in Koh Samui in January 2026, the answer is almost always no, because Thai land law restricts foreigners from holding land in their personal name except through narrow exceptions that rarely apply to residential purchases.
The most common legal alternative foreigners use in Koh Samui is a registered leasehold, which allows you to secure rights to use and occupy land for up to 30 years with the possibility of renewal, though renewals are not automatically enforceable.
Some buyers also structure ownership so they hold the building itself while leasing the land, or use other registrable rights like usufruct to protect their investment, but all of these require careful legal structuring with a Thai property lawyer.
By the way, we cover everything there is to know about the land buying process in Koh Samui here.
As of 2026, what other key foreign-ownership rules or limits should I know in Koh Samui?
As of early 2026, the most important additional rule affecting Koh Samui purchases is the island's strict building controls on coastal and hillside properties, which can limit what you can build, renovate, or even legally occupy regardless of your ownership structure.
For condominiums, the 49% foreign ownership quota means that if a building has already reached its limit, you cannot purchase freehold in that development, so checking quota availability is an essential early step in your due diligence.
When buying a condo as a foreigner, you typically need to transfer funds from abroad and obtain a Foreign Exchange Transaction Form (FETF) from your Thai bank to prove the money came from outside Thailand, which is a registration requirement at the Land Office.
As of early 2026, there are no major new regulatory changes specifically affecting foreign ownership in Koh Samui, but the government periodically discusses reforms to foreign land ownership rules, so staying informed through your lawyer is wise.
What's the biggest ownership mistake foreigners make in Koh Samui right now?
The single biggest ownership mistake foreigners make in Koh Samui is paying a freehold-like price for what is legally just a 30-year lease, often because marketing materials use words like "ownership" when the legal reality is a time-limited right.
If you make this mistake, you may find that your "investment" loses most of its value as the lease term runs down, and you have little legal recourse if the landowner refuses to renew or sells the land to someone else.
Other classic pitfalls specific to Koh Samui include believing that "guaranteed 30+30+30" renewal clauses are legally enforceable (they often are not), failing to check whether a hillside or coastal property has valid building permits, and not verifying the foreign quota status before committing to a condo purchase.
We have made this infographic to give you a quick and clear snapshot of the property market in Thailand. It highlights key facts like rental prices, yields, and property costs both in city centers and outside, so you can easily compare opportunities. We’ve done some research and also included useful insights about the country’s economy, like GDP, population, and interest rates, to help you understand the bigger picture.
Which visa or residency status changes what I can do in Koh Samui?
Do I need a specific visa to buy property in Koh Samui right now?
You do not legally need a specific visa to purchase property in Koh Samui in January 2026, and yes, people do buy condos while on a tourist visa, though being on a longer-term visa makes the logistics of banking, due diligence, and registration much smoother.
The most common administrative blocker for buyers without local residency is opening a Thai bank account, which some banks require for fund transfers and ongoing property management, and which can be difficult to set up without a work permit or long-stay visa.
You do not strictly need a Thai tax ID before buying, but having one makes life easier afterwards if you plan to declare rental income, handle withholding taxes, or set up utilities in your name.
A typical document set for a foreign buyer in Koh Samui includes your passport, proof of funds transfer from abroad (FETF for condos), the sales contract, and any power of attorney if you cannot attend registration in person.
Does buying property help me get residency and citizenship in Koh Samui in 2026?
As of early 2026, buying residential property in Koh Samui does not automatically give you residency or citizenship in Thailand.
Thailand's Long-Term Resident (LTR) visa, administered through the Board of Investment, allows property investment to count as one component of eligibility for certain categories, but you still need to meet specific income, wealth, or professional criteria to qualify.
Alternatively, many foreigners use Thailand Privilege (formerly Thailand Elite), which is a paid membership program starting around 900,000 baht that provides long-stay visa privileges but is separate from property ownership and does not lead to citizenship.
We give you all the details you need about the different pathways to get residency and citizenship in Koh Samui here.
Can I legally rent out property on my visa in Koh Samui right now?
Your visa status does not directly prevent you from earning rental income on a property you own or lease in Koh Samui, but if you personally perform operational tasks like guest check-ins or property showings while in Thailand, you may trigger work permit requirements.
You do not need to live in Thailand to rent out your Koh Samui property, and in fact, most foreign owners manage their rentals from abroad by hiring a licensed local property manager to handle day-to-day operations.
Other important details include that rental income is taxable in Thailand regardless of where you live, some condo buildings restrict short-term rentals through their juristic person rules, and you may need a Thai bank account to receive payments and cover expenses efficiently.
We cover everything there is to know about buying and renting out in Koh Samui here.
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How does the buying process actually work step-by-step in Koh Samui?
What are the exact steps to buy property in Koh Samui right now?
The standard sequence to buy property in Koh Samui starts with choosing your structure (condo freehold vs villa leasehold), then selecting neighborhoods, making a refundable reservation deposit, conducting lawyer-led due diligence, signing the sales or lease agreement, transferring funds with proper documentation, and finally registering at the Land Office.
You do not always need to be physically present, as many steps can be completed through a properly prepared power of attorney, though most buyers prefer to attend the final inspection and Land Office registration in person.
The step that typically makes the deal legally binding is signing the Sales and Purchase Agreement (or lease agreement) and paying the contractual deposit, after which both parties are committed and withdrawal usually triggers penalty clauses.
From accepted offer to final registration, a typical Koh Samui transaction takes anywhere from 30 to 90 days, depending on how quickly due diligence clears, whether financing is involved, and how responsive all parties are.
We have a document entirely dedicated to the whole buying process our pack about properties in Koh Samui.
Is it mandatory to get a lawyer or a notary to buy a property in Koh Samui right now?
Hiring a lawyer is not strictly mandatory to buy property in Koh Samui, but it is strongly recommended because the biggest risks on the island involve title quality, lease structure validity, and building permit compliance, all of which require legal expertise to verify.
Thailand does not use notaries in the Western sense for property transactions; instead, registration happens at the Land Office, while a lawyer's role is to conduct due diligence, draft or review contracts, and ensure the deal structure complies with Thai law.
One key item your lawyer's scope should explicitly include is verification of zoning and building permits, especially for hillside or coastal properties in Koh Samui where strict local controls can affect what you can legally do with the property.
We did some research and made this infographic to help you quickly compare rental yields of the major cities in Thailand versus those in neighboring countries. It provides a clear view of how this country positions itself as a real estate investment destination, which might interest you if you’re planning to invest there.
What checks should I run so I don't buy a problem property in Koh Samui?
How do I verify title and ownership history in Koh Samui right now?
To verify title and ownership history in Koh Samui, you or your lawyer should request an official title search at the local Land Office (Samui Land Office), which maintains the authoritative registry of all land and property ownership records on the island.
The key document you need is the title deed itself, with the strongest form being a Chanote (Nor Sor 4 Jor), which confirms precisely surveyed boundaries and clear ownership, though other title types exist with varying levels of security.
A reasonable look-back period for ownership history checks in Koh Samui is typically 10 to 20 years, which helps reveal any patterns of disputed transfers, litigation, or rapid ownership changes that might signal problems.
One clear red flag that should stop or pause your purchase is any registered encumbrance you were not told about, such as an existing mortgage, lease to another party, or court order restricting the property.
You will find here the list of classic mistakes people make when buying a property in Koh Samui.
How do I confirm there are no liens in Koh Samui right now?
The standard way to confirm there are no liens or encumbrances on a Koh Samui property is to request an official search at the Land Office, which will show all registered mortgages, leases, usufructs, easements, and any court restrictions on the title.
One common type of encumbrance you should specifically ask about is an existing mortgage, since some sellers in Koh Samui still owe money to banks and the property cannot transfer cleanly until the debt is cleared.
The best form of written proof showing lien status is an official encumbrance certificate or title search result issued directly by the Land Office, not a seller-provided document or agent assurance.
How do I check zoning and permitted use in Koh Samui right now?
To check zoning and permitted use for a Koh Samui property, you should have your lawyer contact the local municipal office (Tessaban) or district office and request the official zoning designation for the plot, which will confirm what the land can legally be used for.
The document that confirms zoning classification is typically a zoning certificate or reference to the local land use plan (Pang Muang), which specifies categories like residential, commercial, or conservation zones along with height and coverage limits.
One common pitfall foreign buyers miss in Koh Samui is purchasing a hillside or beachfront property without realizing that strict coastal setbacks or slope restrictions prevent them from legally building, expanding, or even renovating what's already there.
Buying real estate in Koh Samui can be risky
An increasing number of foreign investors are showing interest. However, 90% of them will make mistakes. Avoid the pitfalls with our comprehensive guide.
Can I get a mortgage as a foreigner in Koh Samui, and on what terms?
Do banks lend to foreigners for homes in Koh Samui in 2026?
As of early 2026, yes, some Thai banks do lend to foreigners for home purchases in Koh Samui, but approval is selective and typically easier for buyers with local income, an established Thai banking relationship, or a straightforward property like a condo with clean title.
Foreign borrowers in Koh Samui most commonly see loan-to-value ratios between 50% and 70%, meaning you should expect to put down at least 30% to 50% as a cash deposit.
The single most common eligibility factor is demonstrable income, ideally earned in Thailand or clearly verifiable from abroad, because banks need assurance you can service the loan reliably over its term.
You can also read our latest update about mortgage and interest rates in Thailand.
Which banks are most foreigner-friendly in Koh Samui in 2026?
As of early 2026, the banks most commonly cited as foreigner-friendly for mortgages in Thailand include Bangkok Bank, Kasikornbank (KBank), and UOB Thailand, all of which have established processes for non-Thai borrowers and publish their reference lending rates online.
What makes these banks more accessible is that they have dedicated English-language support, standardized mortgage products, and experience processing foreign income documentation, though approval still depends heavily on your individual profile.
These banks can lend to non-residents in some cases, but the process is significantly easier if you hold a work permit, long-stay visa, or have an existing banking relationship with them in Thailand.
We actually have a specific document about how to get a mortgage as a foreigner in our pack covering real estate in Koh Samui.
What mortgage rates are foreigners offered in Koh Samui in 2026?
As of early 2026, foreigners qualifying for mortgages in Koh Samui typically see interest rates in the range of 4% to 7% per year, depending on whether they get a promotional fixed rate or a floating rate tied to the bank's reference rate (MRR or MLR).
Fixed-rate mortgages in Thailand usually offer a lower promotional rate for the first one to three years, after which the loan converts to a floating rate that is typically 1% to 2% higher, so the long-term cost is usually closer to the upper end of that range.
We made this infographic to show you how property prices in Thailand compare to other big cities across the region. It breaks down the average price per square meter in city centers, so you can see how cities stack up. It’s an easy way to spot where you might get the best value for your money. We hope you like it.
What will taxes, fees, and ongoing costs look like in Koh Samui?
What are the total closing costs as a percent in Koh Samui in 2026?
Total closing costs for a residential property purchase in Koh Samui in 2026 typically run between 3% and 7% of the declared or assessed property value.
The realistic range covers most standard transactions, with the lower end applying when stamp duty is used and costs are split favorably, and the higher end when specific business tax applies or the buyer covers most fees.
The main fee categories that make up closing costs in Koh Samui include the transfer fee (usually 2%), stamp duty (0.5%) or specific business tax (3.3% for properties held under five years), withholding tax, and legal fees for due diligence and contract preparation.
The single biggest contributor is usually either the transfer fee or the specific business tax, depending on how long the seller has owned the property.
If you want to go into more details, we also have a blog article detailing all the property taxes and fees in Koh Samui.
What annual property tax should I budget in Koh Samui in 2026?
As of early 2026, annual property tax for a standard owner-occupied home in Koh Samui typically ranges from about 0.02% to 0.10% of the assessed value, which for a 20 million baht property means roughly 4,000 to 20,000 baht per year (about 110 to 550 USD or 100 to 500 EUR).
Annual property tax in Thailand is assessed under the Land and Building Tax framework based on the Treasury Department's appraisal value and the property's use classification, with owner-occupied residences generally taxed at lower rates than rental or commercial properties.
How is rental income taxed for foreigners in Koh Samui in 2026?
As of early 2026, rental income earned on Koh Samui property is taxed as personal income in Thailand, with most foreign landlords seeing an effective tax rate between 5% and 20% of gross rent depending on their residency status, allowable deductions, and total income level.
The basic requirement is that rental income from Thai property is Thai-source income and must be reported to the Revenue Department; withholding mechanisms may apply, and non-residents typically need to file a return to reconcile any overpayment or underpayment.
What insurance is common and how much in Koh Samui in 2026?
As of early 2026, annual home insurance premiums in Koh Samui typically range from about 0.1% to 0.4% of the rebuild value, so for a villa insured at 10 million baht, you might pay 10,000 to 40,000 baht per year (roughly 275 to 1,100 USD or 250 to 1,000 EUR).
The most common type of property insurance coverage that Koh Samui owners carry is building insurance, which protects the structure against fire, storms, and other damage, often combined with contents coverage for furnishings and fixtures.
The biggest factor that pushes premiums higher or lower for the same property type in Koh Samui is location and exposure, with beachfront and hillside properties typically paying more due to increased risk from tropical storms, flooding, and erosion.
Get the full checklist for your due diligence in Koh Samui
Don't repeat the same mistakes others have made before you. Make sure everything is in order before signing your sales contract.
What sources have we used to write this blog article?
Whether it's in our blog articles or the market analyses included in our property pack about Koh Samui, we always rely on the strongest methodology we can … and we don't throw out numbers at random.
We also aim to be fully transparent, so below we've listed the authoritative sources we used, and explained how we used them and the methods behind our estimates.
| Source | Why It's Authoritative | How We Used It |
|---|---|---|
| Thailand Board of Investment (LTR Visa) | Official government portal for the Long-Term Resident visa program. | We used it to explain which LTR categories exist and how property investment fits into residency pathways. We treated it as the primary source for LTR eligibility requirements. |
| Royal Thai Consulate Los Angeles | Official Thai government consular page summarizing visa options. | We used it to verify LTR visa details and ensure alignment with official guidance. We cross-checked the information against the BOI portal. |
| Thailand Privilege | Official site for the Thailand Privilege (formerly Elite) membership program. | We used it to explain that Privilege provides long-stay entry rights, not property ownership rights. We referenced it when discussing visa alternatives for property buyers. |
| Thai Ministry of Foreign Affairs (e-Visa) | Official Thai government e-visa application system. | We used it to anchor visa requirements for entering and staying in Thailand. We kept references high-level to focus on property-related implications. |
| Thailand Law Library (Civil Code) | Widely cited legal library with translations of core Thai civil law. | We used it to ground the 30-year lease cap and explain why "guaranteed renewal" marketing is legally risky. We cross-checked with independent legal commentary. |
| UN InforMEA (Building Control Act) | UN treaty platform hosting official national legislation PDFs. | We used it to confirm that building permits and controls are statutory requirements in Thailand. We applied this to Koh Samui's hillside and coastal restrictions. |
| UNEP LEAP (Town Planning Act) | Reputable UN index of national environmental and planning legislation. | We used it to explain why zoning controls exist and are enforceable. We applied it to Koh Samui due diligence steps for checking permitted use. |
| Bank of Thailand (Interest Rates) | Thailand's central bank publishing official rate statistics. | We used it to frame the interest rate environment affecting mortgage pricing. We triangulated with commercial bank published reference rates. |
| Bank of Thailand (Real Estate Loans) | Official BOT dataset on mortgage lending categories. | We used it to confirm that Thai banks do lend on residential property. We referenced it to explain how lenders segment property types. |
| Bangkok Bank (Loan Rates) | Major Thai bank publishing official reference lending rates. | We used it as a benchmark for reference rates like MRR, MLR, and MOR. We triangulated with BOT data and other bank rate pages. |
| Kasikornbank (Lending Rates) | Major Thai bank's official rates page. | We used it to verify reference rate concepts across banks. We applied it qualitatively since promotional rates depend on borrower profile. |
| Thailand Revenue Department (PIT) | Thai tax authority explaining personal income tax obligations. | We used it to ground rental income taxation rules and filing requirements. We triangulated deduction treatments with professional tax manuals. |
| PwC Thailand (Tax Booklet 2024/25) | Top-tier audit firm's compiled guide cross-referencing Thai law. | We used it to translate Revenue Code concepts into plain English. We treated it as an interpretation layer over the law, not as law itself. |
| Thailand Law Library (Land Act) | Widely cited legal library with Thai land law translations. | We used it to confirm foreign land ownership restrictions. We referenced it when explaining why direct land purchase is usually not possible. |
We created this infographic to give you a simple idea of how much it costs to buy property in different parts of Thailand. As you can see, it breaks down price ranges and property types for popular cities in the country. We hope this makes it easier to explore your options and understand the market.