There are two main types of land ownership in Thailand.
Firstly, we have the right of possession, i.e. land that has been used by a family for generations and
they have possession rights of the land under the civil and commercial code.
Such titles are Sor Kor 1, Tor Bor 5, 6 or Sor Por Gor 4.
These titles are basically only family possession rights and generally only used for farming.
Such titles cannot be bought or sold and have no building rights or legal acts that would be allowed on the land.
It has been known that in some cases where families, being in procession of certain pieces of land for generations,
have been able to upgrade it to regular land title deeds but this is not generally the case and any serious investor would
not normally give any credibility to these titles of procession.
Usually you want to look for land title deeds giving right of ownership, not possession. Here we have basically three title deeds:
Channote, Nor Sor 3 and Nor Sor 3 Gor.
The most sought after titles are the Channote and the Nor Sor 3 Gor as both these titles have legal documents of rights of ownership and can be sub-divided into smaller plots. They also allow building permission and any legal acts can be carried out immediately on the land.
The only difference with the Nor Sor 3 is that although legal documents are issued for the land, it may have not been accurately surveyed which can lead to problems in verifying actual land area. Also, if any legal acts are to take place on this land, it must be published for at least 30 days.
In all of these cases Profmil Group would always recommended that you seek the advice of a legal professional in this field.
There are also many other things that may be important to consider such as servitude, access and rights of way.
In order to build on Koh Samui you must first obtain a building permit from the municipality office and your building must meet certain requirements, depending on the location of the land on which you wish to build.
Please note that when you ask Profmil Co., Ltd. to design your home with our in-house Architects, we will obtain the building permit for your project.
There are 4 defined areas for land depending on its distance from the beach.
| Stage | Description |
| 1 | Land up to 10 metres from the beach The law states that no construction is permitted within this area. |
| 2 | Land up to 50 metres from the beach Within this area you are permitted to construct a single storey building only. Its height cannot exceed 6 metres (including the roof) and the building cannot exceed the maximum allowed area of 75 square metres. |
| 3 | Land up to 200 metres from the beach. Within this area you are permitted to build up to a maximum height of 12 metres (including maximum allowed size is 2000 square metres). |
| 4 | Land located more than 200 metres from the beach. Within this area buildings of up to 12 metres in height (including the roof) can be constructed (including maximum allowed size is 2000 square metres). |
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In addition, all buildings must now be constructed with peaked roofs, flat roofs are no longer permitted if
they exceed more than 20% of the total house floor area.
It is advised that you seek legal advice from a legal professional about the Thai legal system for land ownership.
Profmil Group advises you to contact Pensit & Laws for legal advice.
The Profmil Group offers a 5 year guarantee on the house structure and 20 years on the roof structure.
For appliances delivered by external companies the guarantees of these companies apply.
PLEASE NOTE THAT BUILDING LAWS ARE SUBJECT TO CHANGE AT ANYTIME.
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