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The guide for your real estate purchase in Koh Samui – Thailand!

Here Doctor Pro­per­ty pre­sen­ts all the impo­r­tant info­r­ma­tion that you shou­ld con­si­der when buying a pro­per­ty in Thai­land. However, this info­r­ma­tion applies only to non-Thai natio­na­ls. We wou­ld also like to invi­te you to visit our blog regu­la­r­ly. The­re we repo­rt about chan­ges and new inte­re­sting real esta­te pro­je­cts.

Basic considerations before you buy a property in Koh Samui – Thailand!

A pur­cha­se deci­sion for a pro­per­ty shou­ld alwa­ys be well con­si­de­red. Here, it is par­ti­cu­la­r­ly impo­r­tant to info­rm you­r­se­lf in advan­ce about the cur­rent legal situa­tion and to seek legal advi­ce. Doctor Pro­per­ty reco­mmen­ds you some good law fir­ms if you wish. Of cou­r­se, we will alwa­ys be avai­la­ble to advi­se you. For this topic you shou­ld take some time and under­stand ever­ything befo­re you buy a pro­per­ty in Thai­land. Here in Thai­land, the pro­ce­du­re is cer­tain­ly some­thing diffe­rent than what you know, for exa­mple, from your home coun­try. Like­wi­se, the same rules apply here for real esta­te acqui­si­tion, as else­whe­re. Is the loca­tion of the pro­per­ty good? Do you have a repu­ta­ble esta­te agent? How expen­sive may the new pro­per­ty be? Do I need a finan­cing? Do I want to use this pro­per­ty myse­lf, or rent it commer­cia­lly?

If you have a clear answer to all the­se que­stions, Doctor Pro­per­ty wou­ld like to help you find the rig­ht pro­per­ty. We see our­se­lves as an inde­pen­dent real esta­te agent and are very fami­liar with the pecu­lia­ri­ties of the mar­ket on Koh Samui. We can compe­ten­tly assi­st you in the loca­tion as well as in the valua­tion of the pro­per­ty.

Is financing through a Thai bank possible?

Many inte­re­sted peo­ple are thin­king of buying a pro­per­ty in Thai­land, espe­cia­lly in Koh Samui. In recent yea­rs, the inte­re­st rate poli­cy of the ban­ks was very frien­dly, almo­st invi­ting to a possi­ble real esta­te loan. Many pro­per­ties have even been fully finan­ced in their home coun­t­ries. From this con­si­de­ra­tion, the idea gro­ws to finan­ce a pro­per­ty in Thai­land well and chea­ply. Unfo­r­tu­na­te­ly, in 95% of cases, this game of thou­g­ht does not work in Thai­land. Fun­ding throu­gh a Thai bank is almo­st impo­ssi­ble for a non-Thai citi­zen. In very few cases, custo­mers eva­de a len­ding insti­tu­tion in Hong Kong. Also, the­re are only a few cases a chan­ce of succe­ss, if you speak with your hou­se bank and want to apply for a loan. However, some sma­ll deve­lo­pment compa­nies offer some deve­lo­pment compa­nies that offer their own pro­je­ct with finan­cing. Some of the­se offers can also be found at Doctor Pro­per­ty. Never­the­le­ss, you shou­ld go with the hiring of a 100% self-finan­cing to the pro­per­ty sea­r­ch.

Would you like to buy your property in Koh Samui – Thailand as a pure investment?

If you play with this idea, then you shou­ld seek compe­tent advi­ce. It is impo­r­tant to con­si­der in advan­ce whi­ch type of pro­per­ty is best. Whe­ther it’s a villa, a town­hou­se, a con­do, or a con­do­mi­nium. It shou­ld also be noted whi­ch pro­per­ty title this pro­per­ty car­ries. This is usua­lly very impo­r­tant for a resa­le. Also a con­si­de­ra­tion of the expen­di­tu­res, as for exa­mple the main­te­nan­ce expen­di­tu­res, secu­ri­ty and the mana­ge­ment costs are par­tly qui­te diffe­rent. You shou­ld also con­si­der whi­ch obje­ct gene­ra­tes high demand. Are they 3-bed­room villas, or just the two-bed­room apa­r­tment? After all the­se con­si­de­ra­tions, serious pro­je­ctions of retu­r­ns can be made. Here too, some deve­lo­pment compa­nies offer gua­ran­teed retu­r­ns on their own real esta­te. You can also find some offers here at Doctor Pro­per­ty.

Take some time for this and look at the ren­tal pri­ce mar­ket in Koh Samui. Take a look at the relevant ren­tal por­ta­ls, such as booking.com, agoda.com, or airbnb.com and get an imp­re­ssion of whi­ch type of pro­per­ty is in high demand and good rating. Some­ti­mes even the less con­si­de­red choi­ce is a sma­ll villa with its own pool.

Property types: individual property, community facilities, or apartment complexes?

On Koh Samui you have the choi­ce between all the­se diffe­rent spe­cies. You can opt for the sing­le villa on a hillsi­de with a fan­ta­stic sea view, a commu­ni­ty of many villas, to an apa­r­tment complex in the city. Every type of pro­per­ty has its autho­ri­za­tion. For exa­mple, many inve­sto­rs like the bene­fi­ts of a commu­ni­ty inve­stment. This inclu­des 24-hour secu­ri­ty, regu­la­ted main­te­nan­ce, clea­ning and a comp­re­hen­sive servi­ce packa­ge, from boo­king to custo­mer care. However, if you are loo­king for a pro­per­ty for your own use, you may pre­fer the quiet loca­tion and the grea­ter priva­cy of a sing­le villa. Here you have to make the rig­ht choi­ce for you­r­se­lf. Doctor Pro­per­ty will also be plea­sed to show you diffe­rent exa­mples so that you can make your rig­ht choi­ce.

Deposit / Reservation of the property in Koh Samui – Thailand

If you deci­ded after all resea­r­ch and con­si­de­ra­tions to pur­cha­se a pro­per­ty and have alrea­dy found the rig­ht one, then it is custo­ma­ry on Koh Samui and Thai­land to make a sma­ll down payment on your pro­per­ty. As a rule, it is 100,000 THB for an apa­r­tment and 200,000 THB for a villa. This payment is gover­ned by a pre­li­mi­na­ry con­t­ra­ct and the pro­per­ty is taken off the mar­ket. As a resu­lt, you now have the option of arranging the pur­cha­se agree­ment toge­ther and subje­cting the desi­red pro­per­ty to a risk asse­ssment (due dili­gen­ce) once again. The­re are usua­lly 4 to 6 wee­ks avai­la­ble. The desi­gn of the down payment con­t­ra­ct or reserva­tion con­t­ra­ct is indivi­dual. Some­ti­mes the deve­lo­pment company will provi­de you with a copy, or you may even desi­gn a con­t­ra­ct with the owner of the pro­per­ty. The­re are no spe­ci­fic con­di­tions for this.

Perform due diligence / risk assessment of the property

Befo­re sig­ning the main pur­cha­se con­t­ra­ct, you shou­ld inst­ru­ct your legal rep­re­sen­ta­tive to review all risks.
Whi­ch inclu­des:

  • Is the­re a legal rig­ht of acce­ss to your pro­per­ty?
  • Do the sellers even have the rig­ht to sell this pro­per­ty?
  • Are debts, mor­t­ga­ges, or liens on this pro­per­ty regi­ste­red?
  • Are legal regu­la­tions (con­st­ru­ction law) igno­red?
  • If the sale is regu­la­ted by a company, then plea­se che­ck what is sti­ll in the company and whe­ther it is debt-free and all taxes have been paid!

New construction projects (off – plan real estate) on Koh Samui – Thailand

At Doctor Pro­per­ty you will find some new con­st­ru­ction pro­je­cts. Our clien­ts often ask the­mse­lves, how safe is my inve­stment in such a plan­ned real esta­te pro­je­ct? The real esta­te mar­ket on Koh Samui has gai­ned impo­r­tan­ce only in recent yea­rs. The popu­la­ri­ty of the island and the yie­ld oppo­r­tu­ni­ties in real esta­te letting inc­rea­se the pro­per­ty mar­ket from year to year. For this rea­son, the­re are cur­ren­tly many deve­lo­pment compa­nies to mar­ket the­se new pro­je­cts. Con­cern for such pro­je­cts is not sha­red by our Doctor Pro­per­ty team. Of cou­r­se, the­re may be sma­ll diffe­ren­ces between the mar­ke­ting bro­chu­res and the fini­shed villa, but usua­lly you will also receive the pro­per­ty as pro­mi­sed to you when you sold it. The compu­ter tech­no­lo­gy and 3D desi­gn make many things possi­ble today and the custo­mer gets a very good idea of ​​his futu­re pro­per­ty. Simi­la­r­ly, with off-plan deve­lo­pment you have some finan­cial hea­d­room. You do not need to provi­de the enti­re capi­tal from the begin­ning. After a down payment you usua­lly pay in sections. Comple­te­ly depen­dent on the con­st­ru­ction pro­g­re­ss. This also gives you a secu­ri­ty only to pay for what has alrea­dy been bui­lt. Ano­ther advan­ta­ge of such a new con­st­ru­ction pro­je­ct is the co-deter­mi­na­tion during the con­st­ru­ction pro­ce­ss. Here, many deve­lo­pment compa­nies have the oppo­r­tu­ni­ty to ada­pt the type of mate­ria­ls, color and inte­rior desi­gn to their wishes. Ano­ther big advan­ta­ge is that at the begin­ning you have the free choi­ce of the pro­per­ty. As a rule, the villas, or apa­r­tmen­ts with the best view, or the best loca­tion are sold fir­st. In this case, it is rea­lly impo­r­tant to deci­de on the rig­ht pro­per­ty in a time­ly man­ner. From our expe­rien­ce, new con­st­ru­ction pro­je­cts are sold in a very sho­rt time. Often the obje­cts are only 6 mon­ths on the mar­ket. Feel free to send us your con­ta­ct detai­ls and we at Doctor Pro­per­ty will regu­la­r­ly send you new pro­je­cts via email.

Important excerpts of the building codes and environmental regulations of Koh Samui – Thailand

An essen­tial part of the bui­lding regu­la­tions on Koh Samui is the depen­den­ce of the distan­ce of the pro­per­ty to the bea­ch. The plan­ning per­mi­ssion obtai­ned in the muni­ci­pal offi­ce and is of cou­r­se man­da­to­ry here befo­re con­st­ru­ction to have the app­roval for it.

  • If your pro­per­ty is within a 10 meter radius of the bea­ch, then you may not bui­ld the­re at all.
  • If your pro­per­ty is within a 50 meter radius of the bea­ch, then you may only bui­ld a sing­le sto­rey hou­se. Maxi­mum hei­g­ht here is 6 meters (with roof), maxi­mum bui­lding area is 75 m2
  • If your pro­per­ty is within a 200 meter radius of the bea­ch, then you may only bui­ld a maxi­mum of 12 meters high and an area of ​​2,000 m2 may not be excee­ded.
  • If your pro­per­ty is loca­ted outsi­de of 200 meters, then you may only bui­ld a maxi­mum of 12 meters high.
  • If your plot is under 80 meters above sea level, the­re will only be rest­ri­ctions on hote­ls and villa pro­je­cts of more than 10 villas. For nor­mal villas the­re are no provi­sions
  • If your plot is between 80 and 140 meters above sea level, then you may bui­ld a deta­ched hou­se if your plot is lar­ger than 400 m2. The maxi­mum hei­g­ht of 6 meters must also be respe­cted and half of the pro­per­ty can only be bui­lt on. Like­wi­se, the desi­gn must fit har­mo­niou­sly into the lan­dsca­pe. You shou­ld defi­ni­te­ly seek the help of expert archi­te­cts.
  • If your plot is over 140 meters above sea level, then essen­tia­lly the same applies as befo­re, but with the fur­ther rest­ri­ction that you may only cultiva­te 90 m2 of land.
  • If your plot is above 140 meters and your land is between 35 and 50 deg­rees, then you may only bui­ld one hou­se with a floor area of ​​80 m2. Like­wi­se, only 25% of the land is to be cultiva­ted. 50% must remain open spa­ce, 25% usa­ble spa­ce. The plot size must total at lea­st 480 m2.
  • If the slo­pe is grea­ter than 50 deg­rees, then a new bui­lding is pro­hi­bi­ted.

Guarantees from the developer for your villa, or apartment in Koh Samui – Thailand

  • Apa­r­tmen­ts / Con­do­mi­niu­ms with regi­ste­red gover­n­ment title: Here you will usua­lly receive a 5 year war­ran­ty on the she­ll and 2 yea­rs on the enti­re pro­per­ty. However, some pro­per­ty deve­lo­pers also offer hig­her gua­ran­tees here.
  • Pro­per­ty pro­je­cts not regu­la­ted by the sta­te: Here you must che­ck the ter­ms of the gua­ran­tee you­r­se­lf with the pro­per­ty deve­lo­per. The­re are no gui­de­li­nes for this. In gene­ral, some deve­lo­pers give a 10-year war­ran­ty on the she­ll.

Legislation on acquisition of real estate in Koh Samui – Thailand

Buying a house or a villa

Fir­st of all, the Thai law clea­r­ly regu­la­tes the rules for the acqui­si­tion of land for forei­g­ners. Forei­gn natio­na­ls are not allo­wed to buy Thai land. It is only allo­wed to pur­cha­se bui­ldings or hou­ses. The­re are now only 3 options on how to own pro­per­ty in Thai­land.

  1. Option (Lea­se­ho­ld): As a forei­gn natio­nal, you can also set up a lea­se (lea­se­ho­ld) over the land / pro­per­ty. This is usua­lly valid for 30 yea­rs and alrea­dy inclu­des options for fur­ther lea­se exten­sions. If you wish, other con­di­tions can be inte­g­ra­ted. For exa­mple, at matu­ri­ty a possi­ble pur­cha­se option.
  2. Option: You are inve­sting over 40 million baths in Thai­land and the Gover­n­ment (Boa­rd of Inve­stment) will allow you to buy land up to a size of 1 Rai (1,600 m2) for resi­den­tial pur­po­ses.
  3. Option (Free­ho­ld): Open a Thai limi­ted company (Thai limi­ted company). This company will car­ry out and main­tain the pur­cha­se of land / land. The pro­per­ty is then ente­red into your company. However, a forei­gn natio­nal may only hold a maxi­mum of 49% of the sha­res in the company. For each forei­gn sha­re­ho­lder, you need 3 other Thai co-par­t­ners to sta­rt the company.

Exa­mple 1: A forei­gn citi­zen foun­ds the company, he owns only 49% of the sha­res. He nee­ds 3 more Thai par­t­ners.
Exa­mple 2: Two forei­gn natio­na­ls set up the busi­ne­ss, but can only own 49% of the sha­res the­mse­lves. You now need ano­ther 6 Thai par­t­ners.

The foun­da­tion of the company must alwa­ys be done throu­gh a lawyer. The lawyer usua­lly also provi­des the nece­ssa­ry Thai sha­re­ho­lders. The­se sha­re­ho­lders are only of a passive natu­re and will make an annual allo­wan­ce. They, as forei­gn natio­na­ls are appoin­ted to the dire­ctor (CEO). Only you are autho­ri­zed to sign and mana­ge the for­tu­nes of the company. The sta­tu­te of the company is desi­g­ned so that only you have the con­t­rol of the company. When the company is foun­ded, an open sha­re tran­sfer form will be sig­ned by the Thai Sha­re­ho­lders. With this docu­ment you, as dire­ctor, can arbi­t­ra­ri­ly exchan­ge the remai­ning sha­re­ho­lders, if nece­ssa­ry.

You now have the rig­ht to rese­ll or lea­se your pro­per­ty. You are also per­mi­tted to tran­sfer your rig­hts to other per­sons. Of cou­r­se, the company you set up is bound by appli­ca­ble laws. This means you must comple­te the accoun­ting and sha­re­ho­lder mee­tings at pre­sc­ri­bed interva­ls. Like­wi­se, you shou­ld pay the taxes on time. All the­se regu­la­to­ry matters are han­dled by lawyers. The forei­gn inve­stor only gives the order to the admi­ni­st­ra­tion. The total annual mana­ge­ment fee and sha­re­ho­lder fee is an ave­ra­ge of 20,000 THB .

If you have acqui­red the land with the help of the Thai company, it is also advi­sa­ble to pur­cha­se the hou­se, or the villa in the same con­ste­lla­tion. Althou­gh it allo­ws lawma­kers to 100% forei­gn owned bui­ldings. By this variant, simu­lta­neous posse­ssion of hou­se and pro­per­ty by the Thai company you can use many tax advan­ta­ges.

Differences in the different land or land titles

Again, the­re are diffe­ren­ces in legi­sla­tion in Thai­land. In essen­ce, two titles are relevant to forei­gn natio­na­ls. On the one hand, this is the title 「Cha­no­te」 and 「Nor For Sam Kor」. We wou­ld like to explain to you both in the follo­wing.

Title 「Chanote」 (Chanote ti din):

This title is the best land title for the owner, or inve­stor. He is the best title of the survey accu­ra­cy. Like­wi­se, the cha­no­te title can be tran­sfer­red very easi­ly and qui­ckly. All titles are issued by the respe­ctive Land Autho­ri­ty. Opti­ca­lly, the titles can be distin­gui­shed just as well for forei­g­ners. The cha­no­te title is alwa­ys crea­ted in red. On site, the land is also mar­ked with a post in the ground.

Title 「Nor Sor Sam Kor」:

The diffe­ren­ce to the above desc­ri­bed title 「Cha­no­te」, is the accu­ra­cy of the mea­su­re­ment. This can lead to minor ina­ccu­ra­cies. The tran­sfer to ano­ther owner takes a little lon­ger. The docu­ment is issued in bla­ck.

Title 「Nor Sor Sam」:

This title is the most ina­ccu­ra­te, of all three titles. The­re are big devia­tions from the survey. Mea­su­re­ment tole­ran­ces can be up to 20%. In the event of a tran­sfer / sale, a public announ­ce­ment must be made 30 days in advan­ce. The title 「Nor Sor Kor」 is crea­ted in green.

Buy an apartment / condominium, or a condominium

If you wou­ld like to acqui­re a con­do­mi­nium in a lar­ge apa­r­tment complex, then the­re is the possi­bi­li­ty that you can acqui­re it 100% as a forei­g­ner. But only if not more than 49% of the priva­te living spa­ce is held by forei­g­ners in the enti­re faci­li­ty. This model is refer­red to as Con­do Free­ho­ld.

If it is no lon­ger possi­ble to use this dist­ri­bu­tion, then you have the oppo­r­tu­ni­ty to pur­cha­se this apa­r­tment throu­gh the mode­ls alrea­dy desc­ri­bed. Either you sta­rt a Thai company, or you can lea­se / rent this apa­r­tment for 30 yea­rs.

Which visa is required for a purchase of real estate in Koh Samui – Thailand?

Forei­gn citi­zens have 3 types of visas avai­la­ble. With each of the­se visas you are also enti­tled to pur­cha­se a pro­per­ty in Thai­land. We wou­ld like to int­ro­du­ce you to the diffe­rent types.

  1. The nor­mal tou­ri­st visa: With this visa you are not allo­wed to work in Thai­land. You will receive the visa upon arrival and you can stay in Thai­land for a total of 30 days with this visa. A one-time exten­sion of ano­ther 30 days is possi­ble and can be reque­sted, for exa­mple, here on Koh Samui (Samui Immi­g­ra­tion Offi­ce). The fee for this is THB 1,900. The pro­ce­ssing takes only a few hou­rs.
  2. The Non Immi­g­rant Visa: This visa can only be obtai­ned throu­gh a Thai emba­ssy abroad. Ove­ra­ll, this visa is valid for one year. However, you have to leave the coun­try every 3 mon­ths for a sho­rt time. You can apply for this visa if you want to work in Thai­land or own a company (capi­tal value grea­ter than THB 2 million). Or you have a Thai fami­ly. Or the thi­rd variant wou­ld be the so-called 「Reti­re­ment Visa」. For this, you must be over 50 yea­rs of age and have suffi­cient finan­cial resou­r­ces, or be able to prove that your pen­sion is paid to you each mon­th.
  3. The Resi­dent Visa: – The­se visas are not avai­la­ble to most forei­g­ners. For this, the Thai lan­gua­ge must be able to read and wri­te. Fur­ther­mo­re, you shou­ld have very good finan­cial resou­r­ces and influen­tial local con­ta­cts that act as refe­ren­ces for you.

What taxes and fees do I have to pay for a property purchase in Koh Samui – Thailand?

Acquisition of a property through a company takeover:

If you pur­cha­se a pro­per­ty in Thai­land throu­gh a takeover of ano­ther company, you will not be cha­r­ged any taxes or fees. It’s more about a sto­ck tran­sfer here. The pro­per­ty sti­ll belongs to the same company after the acqui­si­tion. If the acqui­red company is a Thai company then you only have to pay a cer­tain sta­mp duty (paid to the gover­n­ment) of 0.1%. For the desi­gn, the value of your sha­res is deci­sive here. If you are the dive­stment, you must tax your inco­me. As a rule, this is the inco­me tax on capi­tal gains.

Acquisition of a property without a company takeover:

Here in the true sen­se of a real tran­sfer of the pro­per­ty to ano­ther owner. For this, you must expe­ct gover­n­ment fees and taxes of up to 6% of the pur­cha­se pri­ce. The­re are sti­ll diffe­ren­ces between a lea­se (lea­se), or a con­t­ra­ct of sale.

Lease, or rent a property (leasehold):

If you only want to rent / rent a pro­per­ty, you will have to pay both a sta­mp duty of 0.1% and a ren­tal regi­st­ra­tion fee of 1%. Here, the total dura­tion and the total rent are used for the calcu­la­tion. Usua­lly, the seller pays the sta­mp duty and the ren­tal regi­st­ra­tion fee is sha­red in half. The seller may have to pay tax on his retu­rn on capi­tal gains.

Ownership also the 「freehold」 model:

The­re are diffe­rent types of taxes and fees due. It is also distin­gui­shed whe­ther the seller does this commer­cia­lly or he acts in a priva­te natu­re. A holding period of the pro­per­ty of 5 yea­rs has to be con­si­de­red. In this case, a tra­de tax is applied. Other­wi­se, the­re are fees, withho­lding tax, tra­de tax or sta­mp duty for the free­ho­ld model tran­sfer.

The Land Offi­ce esti­ma­tes the value of your pro­per­ty and deter­mi­nes from this the tran­sfer tax to be paid. As a rule, this value is sig­ni­fi­can­tly lower than your pur­cha­se pri­ce. The fee is cur­ren­tly 2% of the esti­ma­ted value.

Do you have any other questions?
We will be happy to assist you.

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