As Koh Samui property agents, one question we are increasingly getting asked by foreign investors in 2026, is can I still buy a resale villa, which is currently held within a corporate holding structure?
The short answer is yes – but the options have changed significantly since 2024, and understanding the possibilities needs to be fully understood.
The Market Has Moved Toward Leasehold
To illustrate how significantly the market has changed, we reviewed a sample of our most recently added listings priced up to 15,000,000 THB. Approximately 70% of these new developments are now for sale on a single 30-year lease term only. The remaining 30% are still offered freehold, which for a foreign investor means either purchasing via a Thai company structure or opting for the leasehold alternative.
It is worth noting that the 70% figure is a supply side response by developers to tightening regulations, and it also reflects pricing reality. A villa sold on a straight 30-year lease carries a lower capital outlay than an equivalent freehold property precisely because the ownership rights are time-limited.
Spring River Villas, Lamai is a current example of a new Koh Samui villa development available on a leasehold-only basis, and illustrates the type of product now dominating the lower to mid price points in the Samui villa market. This small collection of three-bedroom Bali-style pool villas in Lamai offers single-level living across 145 sqm of built-up area, each set on a 216 sqm plot with a private rectangular swimming pool. The development is finished to a strong specification, with insulated Cool Block walls, wood-effect SPC panel ceilings, fully furnished interiors and Samsung or Hisense air conditioning throughout. As with the majority of new villa developments we are currently listing in Koh Samui, Spring River Villas is available on a 30-year leasehold term only, with an annual land lease fee payable. The pricing reflects the leasehold ownership structure, and represents a lower capital outlay than a comparable freehold villa in the same location. For foreign investors who are comfortable with leasehold ownership and are looking for a well-specified new build villa near Lamai Beach, this is a strong example of what the current Koh Samui property market has to offer at this price point.
Spring River leasehold villas, Lamai, Koh Samui
Why Corporate Structures Have Become More Complex
For those looking at the freehold 30%, the corporate holding structure remains a viable route — but one that requires careful navigation. The use of Thai nominees within holding companies for foreign buyers is now completely prohibited. This has narrowed the options significantly, and left many foreign investors asking a very practical question: if I buy a villa currently held in a Thai company, how do I actually hold the freehold going forward?
One Approach Worth Considering
One approach that is gaining traction is finding a trusted Thai person or entity to hold the freehold on behalf of the foreign buyer. For those without an existing trusted contact in Thailand, the natural extension of this thinking is to appoint a well-established and reputable law firm to hold the freehold of the land.
Under this arrangement, the law firm holds the freehold of the land title, and issues a lease in the name of the foreign buyer. The contractual provisions will include an agreement that when the foreign investor wishes to sell, the lawyer will transfer the freehold as instructed, typically into a new company structure in the name of the incoming buyer. This is an unconventional approach, and one that works within the boundaries of current ownership restrictions which is actively being pursued by a number of buyers through established legal practices in Koh Samui.
This is not a solution to enter into lightly, and the choice of law firm matters enormously. However, for buyers who have done their due diligence and identified a firm with a long-standing reputation in the Samui market, it represents a workable path to acquiring what is effectively freehold-backed ownership.
Key Takeaways
Freehold villas held in corporate structures are still available in Koh Samui in 2026, but they now represent a shrinking share of new developments at the lower and mid-price points. For foreign investors who want to pursue this route, the central challenge has shifted from company formation to title security, and working with a trusted legal entity to hold the freehold is one practical solution that merits serious consideration.