When you browse property in Koh Samui you will see two words again and again: freehold and leasehold. The difference affects what you own, how long you own it, how you can sell it and how much you pay. This guide explains both in simple terms so you can choose the right option for your situation.
This article is general information, not legal advice. Always use an independent Thai lawyer before signing.
What Is Freehold in Thailand?
Freehold means permanent ownership of the property, registered at the Land Office on a title deed (ideally a full chanote). You can sell it, rent it out or leave it to your heirs with no time limit.
For foreigners there is one important rule: you cannot own land in your own name. Foreign freehold is therefore mainly possible for condominium units, within the building’s 49% foreign quota and with the purchase money transferred from abroad.
What Is Leasehold in Thailand?
Leasehold means you have the right to use the property for a fixed period. In Thailand the maximum registered lease term is 30 years, registered at the Land Office. Many contracts include options to renew for further periods (often marketed as “30+30+30”).
The important detail: renewal options are contractual promises, not automatic legal rights. A well-drafted lease, a reliable lessor and correct registration make a big difference. Proposals to allow 99-year leases have been discussed, but as of 2026 they are still not law.
Freehold vs Leasehold: Side-by-Side
- Duration: freehold is permanent; leasehold is up to 30 years per registered term.
- Who can buy: foreigners can hold freehold condos (foreign quota); leasehold villas and land are open to everyone.
- Price: leasehold properties are often cheaper than comparable freehold ones.
- Resale: freehold is generally easier to resell and holds value better; a leasehold loses remaining years over time.
- Inheritance: freehold passes to heirs; leasehold can pass to heirs if the contract allows it.
- Costs: freehold transfer fee is 2% of the appraised value; lease registration is 1% of the total rent plus 0.1% stamp duty.
When Freehold Makes Sense
- You want a condo and full ownership in your own name.
- You are thinking about long-term value and resale.
- You want to leave the property to family.
Browse our freehold properties in Koh Samui, such as foreign freehold condos in Lamai and Bophut.
When Leasehold Makes Sense
- You want a pool villa – most villas sold to foreigners in Koh Samui are leasehold.
- You plan to use or rent out the property for a defined period.
- You want a lower entry price for a larger property.
See our leasehold villas for sale.
What About Thai Quota Properties?
Some condos are listed under Thai quota. These units are freehold but can only be registered to a Thai national or a Thai-registered company – often at an attractive price. If you are considering buying through a company, make sure it is a genuine structure, not a nominee arrangement, and get legal advice.
Checklist Before You Buy
- Check the title deed type and that the seller or lessor is the registered owner.
- For condos, confirm foreign quota is available.
- For leases, make sure the lease is registered at the Land Office, not just signed.
- Review renewal, transfer and inheritance clauses with your lawyer.
- Keep your FET form or bank confirmation for any money transferred from abroad.
Frequently Asked Questions
Is leasehold safe in Thailand?
A registered 30-year lease is a legally recognised right. The risk lies mainly in renewal options and poorly drafted contracts, so legal review is essential.
Can I sell a leasehold property?
Yes, if the contract allows transfer or assignment. The buyer takes over the remaining lease term.
Can a foreigner buy a freehold villa?
Not in their own name – foreigners can own the building but not the land. Read more in our guide Can foreigners buy property in Koh Samui?
Get Personal Advice
Every buyer’s situation is different. My Thai House helps you compare freehold and leasehold options and works with experienced Thai lawyers on every purchase. Contact us or read about the best areas to buy property in Koh Samui.
