Buying property in Thailand can work differently from many other countries. The most important difference concerns land ownership: as a general rule, a foreigner cannot buy land in Thailand directly in their own name.
That does not mean foreigners cannot legally buy property. It does mean that three things often treated as one need to be considered separately: the land, the building and the right to use the land.
This is the first thing worth understanding before you start looking.
What can a foreigner buy in Thailand?
Foreigners can buy both apartments and villas. The key question, however, is not only what you are buying, but also under what legal structure.
With apartments, there are different possibilities.
If a unit is located in a legally registered condominium and foreign ownership quota is available, a foreigner can acquire the unit on a freehold basis, meaning direct ownership. Foreign-owned units cannot exceed the statutory limit of 49% of the total floor area of all units in the condominium.
However, not every apartment is a condominium and not every apartment is sold as freehold. Apartments can also be offered to foreign buyers on a leasehold basis, giving the buyer the right to use the property for a specified period.
Villas also require careful attention to the structure of the transaction. The house and the land it stands on do not necessarily have to be held under the same legal right in Thailand. As a general rule, a foreigner cannot own land directly in their own name, so the right to use the land is dealt with separately.
The words “apartment” or “villa” alone therefore do not tell you what you are legally acquiring.
Leasehold and freehold: what do they actually mean?
These two terms appear constantly in Thai property listings, but they are not always used with enough precision.
Freehold means ownership. For a foreign buyer, the clearest example is a unit in a registered condominium purchased within the foreign ownership quota.
Leasehold means the right to use property for a specified period. A lease of immovable property can be registered at the Land Office for a maximum term of 30 years.
You may see expressions such as “30+30+30” in property offers. This does not mean that a 90-year lease is registered from the outset. The registered term is limited to a maximum of 30 years, while any potential future periods require separate arrangements.
So before buying, it is not enough to ask:
“Is it freehold or leasehold?”
It is much more important to understand exactly what you are acquiring, which rights will be registered and what the agreements you are signing actually cover.
What does the buying process look like?
There is no single process that applies identically to every property. Buying a completed apartment is different from buying a completed villa, and buying an off-plan property is different again.
The process will commonly include:
- selecting the property and agreeing the purchase terms,
- making a reservation,
- conducting legal due diligence on the property and documentation,
- signing the relevant agreements,
- making payments according to the agreed schedule,
- completing the relevant registrations and taking possession of the property.
The exact scope and sequence can vary depending on the transaction.
One principle remains important: a purchase decision should not be based solely on a developer presentation, sales materials or an attractive price.
Why is due diligence important?
Due diligence is an independent legal review of the property before purchase.
Its scope depends on the transaction, but it should help answer fundamental questions: what is the legal status of the property, who holds the rights to the land, whether there are any encumbrances or restrictions, and whether the documents presented to the buyer correspond with what is actually being acquired.
For developer projects, the review of the project itself and the relevant construction documentation is also important.
The lawyer representing the buyer should act in the buyer’s interests and independently verify the documentation.
Buying off-plan requires a different approach
A significant proportion of new property on Koh Samui is sold before construction is complete.
In that situation, the buyer is not purchasing a finished house or apartment. The decision is being made on the basis of plans, documentation, location, the specification set out in the agreement and the developer’s ability to deliver the project.
Payments are usually divided into stages linked to construction progress.
For this reason, an off-plan purchase requires particular attention not only to the property itself, but also to the contract terms, payment schedule and exactly what the developer is committing to deliver.
A render is a presentation of a project. It is not a guarantee of what the buyer will ultimately receive.
The advertised price is not the total cost of ownership
When comparing properties, it is worth asking about additional costs from the beginning.
Depending on the transaction, these may include Land Office registration fees, taxes and transaction costs, legal fees, common area charges, property management fees and the ongoing costs of maintaining the property.
There is no single universal amount that can simply be added to every property price.
Two properties offered at a similar price may therefore cost their owners very different amounts, both at the time of purchase and later.
The most common mistake? Starting with the price
Price, location, views and expected rental returns all matter. But they should not be the first filter.
First, it is worth understanding:
What exactly am I buying, on what basis will I be able to use it, and do the documents confirm what has been presented to me?
Only then does it make sense to evaluate the price, investment potential or projected return.
Particular care is also worth taking with claims of “guaranteed ROI”. A projection in sales material is not a substitute for analysing actual costs, occupancy, rental rates and the terms of the management programme.
Is buying property in Thailand safe?
There is no single answer that applies to every property.
The security of a transaction depends on the specific property, its documentation, the parties involved, the way the transaction is structured and the quality of the verification carried out.
Two properties that appear very similar, even on the same island, can therefore have completely different legal and investment profiles.
Before making a decision, it is worth understanding the structure of the specific transaction rather than looking for one solution that supposedly works for every property purchase in Thailand.
Frequently asked questions
Can a foreigner buy land in Thailand?
As a general rule, foreigners cannot directly own land in Thailand. The law provides for very limited exceptions, but these are not the standard route used by foreign property buyers.
Can a foreigner buy an apartment freehold?
Yes, but not every apartment. A unit in a legally registered condominium can be acquired by a foreigner as freehold if foreign quota is available and the other legal requirements are met. An apartment may also be offered on a leasehold basis.
Can a foreigner buy a villa?
Yes, but with a villa the rights relating to the building and the land need to be considered separately. The structure depends on the specific property.
Does leasehold mean 30+30+30 years?
No. The maximum term for a lease of immovable property registered at the Land Office is 30 years. Provisions concerning future periods are not the same as a 90-year right registered on the date of purchase.
Do I need a lawyer?
For a foreign buyer, independent legal verification is a sensible part of the process, particularly when purchasing a villa or an off-plan property.
Can I sell the property later?
Yes. How the property is sold and the relevant rights are transferred will depend on the structure under which it was originally acquired.
Last updated: September 2026
This material is for general information only and does not constitute legal advice. The appropriate purchase structure should be assessed individually for the specific property and buyer.