Buying a Condo in Koh Samui as a Foreigner: Foreign Quota and Legal Process

November 11, 2026

Foreigners cannot own land in Thailand, but condominium units follow different rules. Under Thailand's Condominium Act, a foreign national can hold a condo unit in their own name as freehold, as long as the building still has foreign quota available. For anyone looking at a condo for sale in Koh Samui, two things decide whether the purchase can be registered: the quota, and the way the purchase money enters Thailand. This guide explains both and then walks through the process from reservation to the Land Department. The rules described here reflect sources available in November 2026, so confirm current details with a Thai lawyer before you commit funds.

What the foreign quota is

The Condominium Act B.E. 2522 (1979) limits foreign ownership in any single condominium building to 49% of the total saleable floor area of all units. Common areas are excluded. The remaining share must be held by Thai nationals or Thai juristic persons.

Three points matter in practice:

• Quota is counted per building.
• It is measured by floor area, not unit count.
• It is checked at registration, not at reservation.

For example, in a building with 10,000 square metres of saleable area, foreign owners can hold up to 4,900 square metres in total. If 4,500 square metres are already foreign-owned, 400 square metres remain. A 120 square metre unit would still fit, while a larger one would not. Some developers also set an internal cap below 49%, so ask for the figure that applies to the specific building.

Foreign quota units and leasehold units

A unit sold within the foreign quota is registered as freehold in the buyer's name. Once the quota is full, remaining units are usually sold to Thai buyers or offered to foreigners as leasehold.

A registered lease in Thailand is limited to 30 years. Renewal clauses in a lease are contractual promises, not registered rights, so read them carefully and have them reviewed. Proposals to raise the foreign quota or extend lease terms have been discussed in recent years, but the 49% rule and the 30-year limit remained in force at the time of writing. Ask your lawyer whether anything has changed.

Step-by-step legal process

1. Select the unit and confirm quota in writing. Request a letter from the condominium's juristic person, and ask your lawyer to check the Land Office records.
2. Reserve and carry out due diligence. Review the title, any encumbrances, and the building's debt position.
3. Review the sale and purchase agreement. A Thai lawyer should check payment terms, the tax split, and completion conditions.
4. Send the purchase funds from abroad. The money must arrive in foreign currency, in the buyer's own name, with the purpose stated as a condominium purchase.
5. Collect the Foreign Exchange Transaction form. The receiving Thai bank issues it, and the Land Department requires it to register foreign ownership.
6. Arrange a power of attorney if you cannot attend. A document signed abroad usually needs legalisation, often an apostille from your home country.
7. Complete registration at the Land Department. Fees and taxes are paid and the title is transferred into your name.
8. Receive the updated title documents. Keep the transfer records and every funds transfer form together.

Moving the money: the Foreign Exchange Transaction form

The Foreign Exchange Transaction form, often called the FET form, is the document most often behind a failed transfer. It proves that the purchase price came from overseas. To be accepted, the transfer should:

• Equal at least the purchase price.
• Arrive in foreign currency, not baht.
• State the condo purchase as its purpose.
• Be received in the buyer's own name.

Common errors include sending baht, stating the wrong purpose, sending from a company account when an individual is buying, and issuing the form in a spouse's name. For joint buyers, both names must appear on the documents. Ask the receiving Thai bank how it issues the form before you send funds, because practice can differ for smaller amounts. A missing form or an unremitted payment can stop registration on the day.

Transfer costs

Fees are generally calculated on the higher of the sale price or the official appraised value. Who pays each item is set in the sale agreement, so these are negotiable between the parties.

The sinking fund is a first-time contribution to the building's common area fund. The Conrad Properties Buyers Guide sets out the general taxes and fees in more detail.

Due diligence checklist

• Written quota confirmation from the juristic person
• Land Office title search including quota data
• Debt-free letter for common area fees
• Unit floor area matches official records
• No mortgage or encumbrance on the title
• Seller's holding period, for tax purposes
• Deposit refund terms if quota runs out

Off-plan purchases

Buying before a building is complete adds risks. Quota can be used up between reservation and registration, and a reservation does not guarantee quota. Delays or developer failure can also complicate deposit recovery. Before paying, confirm in writing what happens to your deposit if foreign quota is unavailable at transfer, and have the contract reviewed.

Why quota matters when you sell

Quota affects you again at resale. A later foreign buyer needs quota in the same way you did, so a building close to its 49% limit has a smaller pool of foreign buyers. Thai buyers are not limited by the quota, so resale remains possible, but foreign buyers can make up a large part of demand for resort condos. When comparing buildings, ask how much quota remains today, and treat a building with a lot of headroom as having more flexibility at exit.

Ongoing ownership costs

Owners pay a common area fee set by the juristic person, usually on a per-square-metre basis. Ask for the current rate, the date it was last reviewed, and whether any special levies are planned. Request the most recent financial statement for the building if the juristic person will share it. Insurance, utilities, and any furnishing or rental management costs are separate.

Working with a lawyer and an agent

Use a Thai-licensed lawyer who acts for you, not for the seller or the developer. The lawyer should read the contract, run the title and quota checks, and attend or supervise the transfer. Check an agent's registration and track record before paying a reservation deposit, and ask who will hold the deposit and under what terms. A clear written scope of work, with fees agreed in advance, avoids disputes later.

If you want a villa instead

Villa buyers face a different structure, because land cannot be owned by foreigners. Foreign buyers of villas in Koh Samui typically work with long-term leases or other structures, and arrangements that rely on Thai nominees have attracted enforcement attention since 2025. Independent legal advice is essential. A condo within the quota remains the most direct freehold route open to a foreign buyer.

Choosing an area

Condo supply, price levels, and rental demand vary around the island. Buyers often compare Bophut, Chaweng, Lamai, and Maenam by distance to the beach, shops, and the airport. Browse the full range on the Koh Samui property for sale, and compare buildings by their remaining foreign quota before you compare prices.

Frequently asked questions

Can a foreigner own a condo in Koh Samui as freehold? Yes, if the unit falls within the building's 49% foreign quota. The title is registered in the buyer's own name.

What happens if the foreign quota is full? The unit can usually only be offered as leasehold, limited to 30 years, or purchased by a Thai national.

Do I have to bring money in from overseas? Yes. Foreign ownership registration requires evidence that the purchase funds arrived from abroad in foreign currency, shown by the Foreign Exchange Transaction form.

Who pays the transfer costs? The sale agreement decides. The transfer fee is often split equally, while the seller commonly bears business tax or stamp duty and withholding tax.

Do I need to be in Thailand to complete the purchase? Not always. A legalised power of attorney lets a representative attend the Land Department, but the funds and documents must still be in order.

Next step

Conrad Properties has worked in the Koh Samui market since 2014. This article is general information, not legal advice, and a Thai-licensed lawyer should review any contract before you pay a deposit. To see current apartments, visit the Koh Samui condo listings or contact the team through the contact page.