If you are considering buying property in Koh Samui, the first thing you should know is that under Thai law, foreigners are not allowed to own land. However, foreign nationals do have the right to the ownership of buildings distinct from the land such as condominiums.
Foreign nationals may own:
- A unit in a registered Condominium.
- A building distinct from its land.
- A registered leasehold of up to 30 years for all types of titled land or buildings.
Foreign nationals may not own:
- Freehold land.
- More than 49% of the shares in a Thai company that owns freehold land.
Reminder: Before purchasing property in Koh Samui Thailand make sure you have a good lawyer please contact use for a list of Koh Samui lawyers.
If you are married to a Thai wife
Thai Women married to Foreigners
Prior to 1998, any Thai woman who married a foreigner would lose her right to purchase land in Thailand. She could, however, still retain land that she owned prior to marrying the foreigner. However, the recent (1999) Ministerial regulation now allows Thai women married to foreigners the right to purchase land, but the Thai spouse must prove that the money used in the purchase of freehold land is legally solely theirs with no foreign claim to it. This is usually achieved by the foreign spouse signing a declaration stating that the funds used for the purchase of property belonged to the Thai spouse prior to the marriage and are beyond his claim.
( PJJT A inclure dans les trois entitees Condo, Land, Villa)
Lawyers and Law Firms
You must in any case have or consult a good lawyer prior to any acquisition if you a good lawyer can make all the difference. Please contact us for list or regulated lawyers in Koh Samui Thailand