Buying a villa in Koh Samui: the rights behind the keys

Identify who owns the land and the building

Ask counsel to describe exactly what the buyer will acquire and how each right will be transferred or registered. Check the land title, building-related ownership evidence, seller authority and any lease or company documents included in the proposal. Do not assume that payment for the villa automatically transfers land ownership, or that a house registration book proves building ownership. If the structure is complex, obtain an explanation of control, exit and continuing obligations before proceeding.

Reconcile the villa you saw with its approval history

Obtain approved plans and compare them with the actual villa, pool, outdoor spaces and later extensions. Ask an architect or engineer to identify material discrepancies and the competent authority to clarify status where necessary. For off-plan property, distinguish the concept drawing from approved construction information and define the contractual specification. An attractive rendering is not a permit, while a permit copy alone does not establish that the finished building matches it.

Inspect the systems that are costly to repair

Scope a technical inspection around the villa's setting and condition, including relevant structure, waterproofing, electrical installation, water supply, pool systems and drainage. On a hillside, ask whether retaining works or ground conditions require specialist investigation beyond a routine home inspection. Request available maintenance records, warranties and repair history. The report should identify areas not inspected and further work required; a clean-looking interior should not be treated as evidence about concealed defects.

Document access, services and management obligations

Trace legal access from the villa to a public road and establish who owns each road or shared service facility. Request the estate or management contract, fee schedule, repair responsibilities and termination or resale provisions. If water, gates or drainage are controlled by another entity, ask what protects continuing service and how disputes are resolved. Separate these questions from any rental-management proposal, which also needs a review of the operating model and contractual counterparty.

Make handover a documented event

Agree what will be handed over: the legal documents, keys, equipment, furnishings, warranties, utility information and agreed repairs. Reconcile unpaid charges and contracts that continue after completion. Have counsel connect material findings to suitable purchase conditions and the payment mechanism, particularly if approval or access questions remain open. A final walk-through and current document checks serve different purposes; neither should silently replace the other simply because a completion date has been booked.

• Prepare a rights schedule, approval comparison and inspection findings.
• List shared-service costs and outstanding obligations before the final payment.
• Verify before you pay: resolve material gaps with the appropriate professionals.

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