By Conrad Properties, active in the Koh Samui market since 2014. Last updated 7 October 2026.
Buyers on Koh Samui usually reach the same question early: a condominium or a villa. The two differ in how a foreign buyer can own them, what they cost per square metre, what they cost to run and what the owner may lawfully do with them as a rental. This guide sets out those differences using the C9 Hotelworks Samui Property Market Review of June 2025, Thai statutes and published legal sources.
This article is general information, not legal or tax advice. Market figures are medians from one published review and will not match every listing.
|
Factor |
Condominium |
Villa |
|
Foreign ownership |
Freehold, within 49% quota |
Registered lease plus building |
|
Median price per sqm (2025) |
THB 88,500 |
THB 60,600 (landed) |
|
Typical entry size |
1 bedroom, 40 to 70 sqm |
2 to 3 bedrooms, 150 to 350 sqm |
|
Ongoing costs |
Common fees, sinking fund |
Pool, garden, upkeep, utilities |
|
Short-term rental |
Generally restricted |
Licence required, some exemptions |
Thailand's Condominium Act B.E. 2522 (1979) allows foreigners to own condominium units freehold in their own name. Foreign ownership is capped at 49% of the saleable floor area of the building, measured by area rather than by the number of units. A building can therefore have fewer than half its units foreign-owned and still have no quota left.
The buyer must also show the Land Office that the purchase money entered Thailand from abroad in foreign currency. The receiving bank issues a Foreign Exchange Transaction form for each inward transfer. Banks commonly issue the form for amounts above USD 50,000, and a bank certificate covers smaller amounts. Baht borrowed inside Thailand does not satisfy the requirement.
Before paying a deposit on a resale condominium, ask the building's juristic person for a written quota confirmation. A unit cannot be registered in a foreign name once the quota is full. In that case the unit may be available to a foreigner on a registered 30-year lease instead.
Foreign individuals cannot own land in Thailand. A foreign villa buyer usually holds a registered lease over the land and owns the building. Civil and Commercial Code Section 540 limits any lease to 30 years, and Section 538 requires registration of any lease longer than three years. A "30+30+30" clause is an undertaking about future leases rather than one 90-year lease. Our guide to Koh Samui leasehold villas covers the structure in detail.
Some buyers are offered a villa through a Thai company that holds the land. Thai authorities have increased scrutiny of nominee arrangements in 2026, and stronger beneficial ownership and source-of-funds checks for companies buying land took effect on 1 April 2026. Take independent legal advice before considering that route.
C9 Hotelworks surveyed the primary market, meaning developer-owned units for sale, in early 2025. It counted 2,882 units across 117 projects, with a combined value of THB 30.3 billion. Condominiums made up 1,513 of those units, or 52%.
|
Measure |
Figure |
|
Median price per sqm, condominiums |
THB 88,500 |
|
Median price per sqm, villas and landed |
THB 60,600 |
|
Median 1-bedroom condominium (40 to 70 sqm) |
THB 3.5 million |
|
Median 2-bedroom condominium (80 to 110 sqm) |
THB 7.2 million |
|
Median 3-bedroom villa (250 to 350 sqm) |
THB 14.9 million |
Two points follow from these figures. A condominium costs more per square metre than a villa, but it is usually a smaller purchase, so the entry price is lower. A buyer paying THB 3.5 million for a one-bedroom condominium is buying a different product from a buyer paying THB 14.9 million for a three-bedroom villa with a plot and pool, and the per-metre comparison alone does not capture that gap.
The figures cover developer inventory only. Resale prices differ and depend on age, condition, location and remaining lease term for villas. Ask for recent comparable sales for the specific area.
C9 Hotelworks reports that Bo Phut holds 70% of primary units, Maret 15%, Mae Nam 9% and Ang Thong 3%. By value, Bo Phut, Maret and Mae Nam together account for 85% of the market. The review expects new supply to come through larger, higher-density resort-style condominium developments, with growth extending from Bo Phut into Maret and Mae Nam.
Villa supply sits in smaller developments. Our listings cover Bophut, Maenam, Choeng Mon, Lamai, Chaweng and other areas, and the mix of condominiums and villas differs from one to the next.
The Land Office charges are broadly similar for both property types and depend on how the transaction is structured.
|
Item |
Rate |
Usually paid by |
|
Transfer fee |
2% of appraised value |
Shared or negotiated |
|
Specific business tax |
3.3% |
Seller, if sold within five years |
|
Stamp duty |
0.5% |
Seller, where specific business tax does not apply |
|
Withholding tax |
1% (company) or progressive (individual) |
Seller |
|
Lease registration (villa) |
1% plus 0.1% of total rent |
Negotiated |
The reduced transfer fee of 0.01% has been extended to 30 June 2027. It applies only to a Thai individual buyer of residential property where the price, assessed value and any mortgage are each THB 7 million or less. Foreign buyers do not qualify.
The Land Office charges each fee on its own basis, and there is no law fixing who pays which one, so the sale contract should state who bears each item.
Every owner in a condominium building pays two charges under the Condominium Act:
Monthly common area fee, per square metre
One-time sinking fund payment at transfer
The common area fee covers security, cleaning, shared facilities, building insurance and management. The sinking fund is a reserve for major repairs. Published guides put the sinking fund at about THB 500 to 800 per square metre, and monthly common area fees on the market vary widely with the building's facilities. As an illustration only, a 60 square metre unit at THB 50 per square metre per month would pay THB 3,000 monthly. Samui buildings set their own rates, so ask the juristic person for the current rate and its latest financial statements before you commit.
A villa owner is responsible for the whole property. Costs include the pool, garden, structural upkeep, utilities, insurance and any staff, and a managed development may add a community fee. Ask the seller for twelve months of actual running costs rather than an estimate. Check whether a management company runs the common roads, drainage and security, and what it charges.
Both property types fall under the Land and Building Tax Act. Residential rates are in a range of 0.02% to 0.1% of the appraised value, and a principal residence of an individual owner valued up to THB 50 million, where the owner is registered in the house registration book, is exempt. The Treasury Department sets the appraised value, which is often lower than the purchase price.
Rental income is a common reason to buy on Samui, and the market data and the law both need to be read together.
C9 Hotelworks tracked 3,055 independent villa rental properties on Samui in 2025, mostly in small developments managed by third-party operators. Supply of independent villa rentals rose 34% in the year to January 2025. The review records these results for villas:
|
Measure |
2023 |
2024 |
Q1 2025 |
|
Average nightly rate |
THB 14,321 |
THB 13,692 |
THB 13,012 |
|
Occupancy |
54.7% |
56.6% |
71.5% |
The Q1 2025 nightly rate was 11% lower than a year earlier, while occupancy was 5.7 percentage points higher. Occupancy is seasonal: the review shows a low of 38.7% in September and a high of 76.2% in February, and the average stay was 4.6 nights. Rising supply puts pressure on nightly rates. These are market averages, not a forecast for any individual property.
Under the Hotel Act B.E. 2547 (2004), renting accommodation for fewer than 30 days is generally treated as operating a hotel and needs a licence. Legal commentators describe exemptions for small, owner-operated properties that notify the local authorities, and enforcement activity has increased since 2025. Rentals of 30 days or more fall outside the Act.
Condominiums add a second layer. The Condominium Act treats condominiums as residential, and most buildings' rules prohibit short-term letting unless the building holds a hotel licence. A villa owner has fewer building rules to meet but still needs to meet the Hotel Act. Confirm the licensing position with a Thai lawyer and check the juristic person's rules or the development's covenants before you buy for rental income.
✓ Wants freehold title in their own name
✓ Prefers a lock-up-and-leave property
✓ Has a smaller budget
✓ Values shared facilities and building security
✓ Plans lettings of 30 days or longer
✓ Wants private space, pool and garden
✓ Accepts leasehold land with a registered lease
✓ Is comfortable managing a larger property
✓ Has a larger budget
✓ Plans a licensed rental or personal use
1. What is the remaining foreign quota?
2. What are the current common fees?
3. What is the remaining lease term?
4. Is the lease registered at the Land Office?
5. What are twelve months of running costs?
6. What do the rules say about letting?
Yes. A foreigner can own a condominium unit freehold in their own name, provided the building's foreign quota of 49% of saleable floor area has space and the purchase money was remitted from abroad in foreign currency.
According to C9 Hotelworks, the 2025 median in the primary market was THB 88,500 per square metre for condominiums and THB 60,600 for villas and landed property. Condominiums are cheaper to enter because the units are smaller.
Generally not. Rentals under 30 days require a hotel licence under the Hotel Act, and most condominium buildings prohibit short-term letting. Rentals of 30 days or more are lawful, subject to the building's rules.
Owners pay a monthly common area fee based on unit size and a one-time sinking fund payment at transfer. Land and building tax is also payable on the appraised value, at residential rates, unless an exemption applies.
A foreign buyer does not. The land is leased for up to 30 years under a lease registered at the Land Office, and the buyer owns the building.
No. C9 Hotelworks reported falling nightly rates and rising occupancy during 2024 and early 2025, with strong seasonality. Results vary by property, location and management.
Conrad Properties has worked with buyers on Koh Samui since 2014. Our team can show you current condominium and villa listings across the island, explain the ownership structure of each one and put you in touch with independent legal advisers. Contact us through the website or by email.
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