The 49% foreign quota in Thai condominiums, and what a foreign buyer must prepare

A condominium is the one way a foreigner can hold Thai property outright in their own name. There is a 49% ceiling per building, and a piece of financial paperwork that must be in place before transfer.

The 49% foreign quota in Thai condominiums, and what a foreign buyer must prepare

A foreigner cannot own land in Thailand, but can own a condominium unit outright in their own name. That distinction matters more than any other for a foreign buyer.

The 49% ceiling

The Condominium Act limits foreign ownership to 49% of the total unit floor area in a building.

It is measured by area, not by number of units, and it applies per building rather than per development.

Once the quota is full, a unit cannot be sold to a foreigner in their own name until another foreign owner sells out.

Check the quota before paying a deposit

The juristic person of the building can issue a foreign quota certificate. Ask for it before the reservation money moves, not afterwards.

A good unit at a fair price that cannot be transferred because the quota is full is a more common situation than buyers expect, and it usually comes to light close to the transfer date.

The FET form

This is where foreign buyers most often come unstuck.

The purchase money must be remitted into Thailand in foreign currency and converted to baht here. The receiving bank issues a Foreign Exchange Transaction form, which the Land Office requires on transfer day.

The requirements people miss:

  • The transfer must arrive in foreign currency. Converting to baht before sending means no FET form.
  • The sender should be the buyer. Funds from a third party need explaining and can cause problems.
  • State the purpose clearly as purchasing property.
  • The amount remitted must be at least the purchase price.

Remitting the money the wrong way is awkward to unwind, and sometimes means sending it back out and starting again.

What about land and houses

A foreigner cannot hold land. The structures in common use are:

  • A registered 30-year lease, recorded at the Land Office. Renewals can be agreed but are not automatically binding.
  • Owning the building separately from the land — a foreigner can own the house itself and lease the land under it.
  • A usufruct, a registered right to use the property for life.

Arrangements where a Thai company holds land with a foreigner as the real shareholder are scrutinised by the Department of Business Development and carry legal risk that warrants a lawyer's advice first.

In short

A condominium is the direct route. Check the quota before money moves, and get the remittance right the first time. Those two are what most often derail a purchase.

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