Thai Condo Laws: The Condominium Act in Plain English (2026)

The Condominium Act B.E. 2522 (1979), as amended through Act (No. 4) B.E. 2551 (2008), is the primary statute governing condominiums in Thailand. It runs to six chapters and roughly 80 sections and does three main jobs: it establishes condominium ownership as a distinct form of property (separate from conventional land title), it sets the 49% cap on aggregate foreign freehold ownership per building, and it creates the juristic person as a statutory legal entity that governs common property. Every condominium sale, foreign purchase, committee meeting, sinking fund rule, transfer, and inheritance in Thailand is governed by this statute. The Act’s language is dense and heavily amended, but the structure is logical once the chapter map is understood.

This guide is a plain-English walk through the chapter structure, the key sections foreign buyers need to know (19 and its variants, 17 and 36-48 on governance, 40 and 40 bis on the sinking fund, 19 septendecim on inheritance), the 2008 amendments that reshaped foreign ownership enforcement, post-2008 ministerial updates and Supreme Court rulings, and how the Act interacts with the Civil Code, Land Code, Building Control Act, EIA rules, and Hotel Act.

1. 1

   Death of foreign owner

   Condominium unit passes to heirs under the deceased's will or applicable succession law.

   Typical duration: Event

2. 2

   Registration of inheritance

   Foreign heir registers the inheritance at the Provincial Land Department.

   Typical duration: Statutory window

3. 3

   Quota check

   If building is at or above 49% foreign quota, Section 19 septendecim requires foreign heir to dispose within 1 year.

   Typical duration: 1 year

4. 4

   Director-General order

   If disposal does not occur, the Director-General of the Land Department may compel sale.

   Typical duration: Post 1 year

The six-chapter structure of the Condominium Act

The Condominium Act is organised into six chapters that track the life-cycle of a condominium from creation to dissolution. Chapter 1 defines the legal terms. Chapter 2 handles the registration of a building as a condominium. Chapter 3 sets out the rights of individual unit owners including the foreign ownership rules. Chapter 4 creates the juristic person. Chapter 5 governs meetings of co-owners. Chapter 6 deals with transfers and inheritance.

Chapter	Sections	Subject
1 — General Provisions	1-4	Definitions (unit, common property, co-owner, juristic person)
2 — Condominium Registration	5-14	Application, registration, ownership certificate, subdivision
3 — Ownership of Units	15-19 septendecim	Freehold ownership, common property, foreign ownership (49% cap), transfers
4 — Juristic Person	33-48 bis	Establishment, officers, powers, common property management, fees
5 — Meetings	43-48 (within Chapter 4, with distinct meeting rules)	AGMs, quorums, voting, committee elections
6 — Transfers and Miscellaneous	63-80	Final provisions, transitional rules, dissolution

The numbering is not strictly sequential because successive amendments inserted “bis”, “ter”, “quater” and further Latinate suffixes — these are new sections slotted in at the relevant place without renumbering the rest of the Act. Section 19 has 17 variants (19 bis through 19 septendecim) because the 2008 amendments inserted extensive new ownership rules into Chapter 3.

Chapter 1 — Definitions and general provisions (Sections 1-4)

Chapter 1 fixes the vocabulary of Thai condominium law. Section 4 defines the four building-block terms that every later section depends on: a “condominium” is a building registered under this Act, a “unit” is a separate part of a condominium for individual ownership, “common property” is everything not contained within a unit and shared by co-owners, and a “juristic person” is the statutory legal entity created to govern the condominium.

The definition of common property is broader than buyers typically expect. It includes the land the building stands on, the structural walls, foundations, columns, roof, lobbies, corridors, lifts, stairwells, service rooms, external landscaping, the swimming pool and gym equipment, the car park (subject to specific sold-parking-space exceptions), and the electrical, plumbing, water, and telecoms risers. A co-owner owns a proportionate undivided share of all of this, whether or not they use any of it. This ownership is indivisible from unit ownership — you cannot sell the unit and keep your share of the common property.

Chapter 2 — Registration (Sections 5-14)

Chapter 2 governs the process by which a building becomes a condominium. A developer applies to the Provincial Land Department under Section 6, submitting the building plans, EIA approval, building permit, sold-unit schedule, initial juristic person proposal, and proposed condominium regulations. The Land Department reviews and, if satisfied, issues the condominium registration and individual unit ownership certificates. This is the moment the building legally becomes a condominium and individual unit titles come into existence.

Key timing points:

• A building can only be registered as a condominium after construction is complete — off-plan buyers hold reservation contracts until registration, then transfer occurs at the Land Department.
• The developer’s initial quota split (how many units are allocated to foreign quota versus Thai quota) is registered with the Land Department under Section 6 and Section 19. Once registered it is difficult to change and binding on the juristic person.
• Common property is recorded in a single “common property certificate” rather than individual unit chanotes. The juristic person’s title to common property flows from registration.

Errors in the initial registration are difficult to correct later; due diligence before buying should include a Land Department search that verifies the registration was properly executed (building area, unit areas, common property schedule, foreign quota allocation).

Chapter 3 — Unit ownership (Sections 15-19 septendecim)

Chapter 3 is the most important chapter for foreign buyers. It sets out what a co-owner actually owns (the unit plus a defined share of common property — Section 15), the rights attached to that ownership (use, transfer, encumbrance, inheritance — Sections 16-17), the 49% foreign ownership cap and the eligibility rules (Section 19 and its variants), and the transfer and inheritance procedures (Sections 19 ter through 19 septendecim).

Section 19 — foreign eligibility categories. A foreigner can only acquire a condominium unit as a freehold owner under one of the qualifying categories in Section 19:

• (1) Permanent residence holders under the Immigration Act.
• (2) Persons granted entry under the Investment Promotion Act (BOI).
• (3) Juristic persons classified as foreign under the Land Code but holding BOI promotion.
• (4) Juristic persons classified as foreign that are registered as condominium purchasers under this Act.
• (5) Foreigners who have remitted foreign currency into Thailand, withdrawn from a non-resident foreign currency account in a Thai bank, or are using overseas funds that can be traced via the Bank of Thailand Foreign Exchange Transaction form.

Category (5) is the route the overwhelming majority of foreign retail buyers use. The FET form is the documentary proof.

Section 19 bis — the 49% cap. The total floor area of units in a single condominium held by foreigners cannot exceed 49% of the building’s aggregate saleable area. Measured by area, not by unit count, at the point of every Land Department transfer. Full mechanics are in the 49% foreign quota guide.

Section 19 ter and 19 quater — transfers. Every transfer of a unit is registered at the Provincial Land Department. The Land Office must verify the foreign quota position, the seller’s ownership, the absence of encumbrances, and the payment of taxes and fees before issuing the new chanote. A transfer that would breach the 49% cap must be refused.

Section 19 septendecim — foreign inheritance. A foreign heir who inherits a condominium unit can take title, but if the building is already at 49% foreign ownership at the date of inheritance, the heir has 1 year from inheritance registration to dispose of the unit. After 1 year, the Director-General of the Land Department can compel sale and retain a portion of the proceeds. Full procedure is in the condo inheritance guide.

Chapter 4 — The juristic person (Sections 33-48 bis)

Chapter 4 creates and regulates the juristic person — a separate legal entity (corporate, but not a company) established at the moment of condominium registration, with the automatic membership of every co-owner, the power to levy fees, manage common property, make and enforce regulations, and represent the condominium in external matters. The juristic person has a manager (licensed under Section 35/1, reporting to a committee of co-owners) and a committee (elected at the AGM under Sections 37-37 quater).

Key governance rules:

• Section 36 — membership. Every unit owner is automatically a member of the juristic person. Membership is inseparable from unit ownership.
• Section 37 — committee composition. Committee is 3-9 co-owners elected at the AGM, 2-year terms.
• Section 35/1 — manager. The manager is the executive officer of the juristic person. Since the 2008 amendments, the manager must hold a valid licence issued by the Department of Business Development; unlicensed managers cannot act.
• Section 36 quater — powers. The juristic person can enter contracts, sue and be sued, own common property, borrow, hire staff, collect fees, levy fines for regulation breach, and register rules with the Land Department.
• Section 39 — books and records. The juristic person must maintain the ownership register (foreign vs Thai quota), the finance accounts, and the minutes of meetings. Co-owners have a right of inspection.

Problematic juristic persons are the single most common source of post-purchase grief for foreign condo owners. Full practical guidance is in the juristic person guide.

Sinking fund and common-area fees — Sections 40, 40 bis, 18 bis, 48 bis

The sinking fund is a capital reserve for major repairs and renovations, separate from the operating CAM (common area management) fee. Section 40 establishes the sinking fund; Section 40 bis regulates contributions and usage. Section 18 bis and 48 bis govern the AGM approval of fees. The sinking fund is property of the juristic person and can only be used for capital items, not running costs.

Normal structure:

• Sinking fund contribution at handover: typically 500-1,000 THB per sqm, paid once by the first buyer of each unit. For a 65 sqm unit at 600 THB/sqm that is 39,000 THB.
• Monthly CAM fee: typically 40-80 THB per sqm per month depending on facilities. A 65 sqm unit at 50 THB/sqm/month is 3,250 THB per month.
• Increases: any increase in the CAM fee or additional sinking fund levy must be approved at an AGM under Section 48 bis, usually with a two-thirds majority of total ownership share.

Non-payment by an individual owner: the juristic person has a statutory lien under Section 41 and can refuse the owner’s voting rights at the AGM. Chronic arrears produce a Land Department priority claim against the unit when it is eventually sold. Fee details are in the CAM fees guide and the sinking fund guide.

Meetings — Sections 43-48

Chapter 5-style meeting rules (embedded in Chapter 4) require an Annual General Meeting once per year (Section 42/3) and Extraordinary General Meetings as needed. Quorum and voting rules depend on the subject matter — routine matters need a simple majority of attending ownership shares; fundamental matters (rule changes, CAM increases, juristic person appointment) need two-thirds or three-quarters of total ownership share. Attendance can be in person or by proxy; absent owners’ shares still count towards the denominator of “total ownership share” for fundamental matters, which is why unanimous attendance is effectively required for rule changes in smaller buildings.

AGM practice points:

• Notice of the AGM must be at least 15 days before the meeting date.
• The agenda must be circulated in writing with the notice.
• Proxies are permitted; a proxy can represent multiple owners.
• The committee’s annual financial report and audited accounts must be presented.
• Every co-owner has a right to attend, speak, and vote in proportion to their ownership share.

Inheritance — Section 19 septendecim

Section 19 septendecim is the foreign inheritance rule inserted by the 2008 amendments. It allows foreign heirs to inherit but conditions continued ownership on the building’s foreign quota position. If the building is at or under 49% at the date of inheritance, the foreign heir keeps the unit indefinitely (subject to Land Department registration within 1 year). If the building is over 49%, the heir has 1 year from inheritance registration to dispose of the unit. This rule exists specifically to prevent inheritance from permanently pushing a building above the 49% cap.

Detail on procedure, Thai will versus home-country will, probate timing, and inheritance tax is in the condo inheritance guide.

The 2008 amendments — Act (No. 4) B.E. 2551

The 2008 amendments were the most significant rewrite of the Condominium Act since its 1979 enactment. Four major changes: tighter foreign ownership controls (inserted Section 19 bis, ter, quater, and the 17-part Section 19 variant structure), reformed juristic person governance (inserted manager licensing under Section 35/1 and clarified committee powers), introduced mandatory sinking-fund accounting under Section 40 bis, and clarified the 1-year foreign inheritance disposal rule in Section 19 septendecim.

Why 2008 mattered. Pre-2008 buildings often ran with opaque sinking fund accounting and lax quota record-keeping; foreign buyers occasionally discovered post-handover quota overages that became their problem. The 2008 amendments made the juristic person statutorily accountable, required manager licensing, and introduced Land Department verification at every transfer. A 2026-vintage buyer is materially better protected than a 2005-vintage buyer.

Post-2008 regulatory updates and Supreme Court rulings (2020-2026)

The Act itself has not been amended since 2008 but has been supplemented by Ministerial Regulations (issued under the Act’s delegation to the Ministry of Interior) and refined by Supreme Court rulings. Two themes stand out: enforcement against nominee company ownership structures has tightened, and juristic person committee disputes have generated a significant body of case law on voting rules and manager authority.

Notable post-2008 developments:

• Ministerial Regulation on electronic records (2020). The juristic person can maintain the ownership register, accounting records, and meeting minutes electronically provided certain authentication standards are met.
• Supreme Court ruling Dika 482/2547 (earlier, but repeatedly cited): long-term leases beyond 30 years cannot be pre-committed as an enforceable right against third parties and future heirs.
• Nominee enforcement actions (2019-2024): the Land Department has initiated multiple enforcement actions against nominee-company structures used to hold Thai-quota units, primarily in Phuket and Koh Samui.
• Manager licensing enforcement (2022-2024): the Department of Business Development has actively sanctioned unlicensed juristic person managers, producing operational disruption in buildings that had used informal managers.

How the Condominium Act interacts with other laws

The Condominium Act does not operate alone. Five other statutes are routinely in play during a condo transaction or in ongoing ownership: the Civil and Commercial Code, the Land Code, the Building Control Act, the EIA Regulations (under the Enhancement and Conservation of National Environmental Quality Act), and the Hotel Act. Understanding where the Condominium Act stops and these others begin is necessary for serious due diligence.

• Civil and Commercial Code. Contracts (SPA), leases (registered leasehold alternative to freehold), mortgages, succession (Book V where no specific Act rule applies), and tort. See the freehold vs leasehold guide for CCC lease provisions.
• Land Code Act B.E. 2497 (1954). Governs land ownership generally and foreign-land restrictions (Sections 86, 96, 113). The Condominium Act is an exception for units; underlying land remains Land-Code-governed through the juristic person.
• Building Control Act B.E. 2522 (1979). Permits, occupancy certification, and safety. Condominium registration requires an occupancy certificate.
• EIA Regulations. Buildings over 80 units or 4,000 sqm require EIA approval; off-plan due diligence should verify it.
• Hotel Act B.E. 2547 (2004). Short-stay (under-30-day) rentals may fall under the Hotel Act. See the Airbnb Thailand legal guide.

Frequently asked questions

When was the Condominium Act passed?

The Condominium Act B.E. 2522 was enacted in 1979. It has been amended four times — 1991 (Act No. 2), 1999 (Act No. 3), and 2008 (Act No. 4). The 2008 amendments were the most comprehensive.

Does the Condominium Act apply to all types of condominium in Thailand?

Yes, provided the building is formally registered as a condominium at the Land Department under Section 6. Buildings sold as apartments but not registered as condominiums are governed by the Civil and Commercial Code and may have no individual unit chanotes.

What is the 49% rule in the Condominium Act?

Section 19 bis caps aggregate foreign freehold ownership at 49% of the total saleable floor area in any single condominium. It is measured by area, not unit count, and enforced at every Land Department transfer.

Who can be a juristic person manager?

Since the 2008 amendments, only a licensed individual (under Section 35/1) can serve as a juristic person manager. Licences are issued by the Department of Business Development subject to qualification and good-character requirements.

What happens if the juristic person fails to maintain records?

Sections 39 and 42 create statutory duties to maintain the ownership register, financial accounts, and meeting minutes. Breach is grounds for committee removal, manager licence revocation, and in serious cases civil and criminal liability of the committee and manager.

Can the Condominium Act be overridden by the condo’s own regulations?

No — mandatory provisions of the Act cannot be overridden by private regulations. Regulations can supplement the Act (on quiet hours, pet rules, amenity usage) but cannot contradict it.

How do the 2008 amendments affect old buildings?

The 2008 amendments apply prospectively and to all existing condominiums as of enactment. Juristic persons of pre-2008 buildings had to update their governance, register their manager’s licence, and comply with the new sinking fund accounting rules.

Where can I read the full Condominium Act in English?

The Krisdika Office (Thailand’s official legislative drafting office) publishes the Thai version. English translations are available from Siam Legal, Tilleke & Gibbins, and several other international law firms, with varying quality. For any important decision, rely on the Thai original or a Thai-qualified lawyer’s translation.

What is a chanote in the context of a condo?

The Unit Ownership Certificate (“Aor Chor 2”) is the condominium equivalent of a land chanote. It records the unit’s registered saleable area, the building registration number, the ownership history, and any encumbrances. It is issued at the Land Department at the point of first registration and endorsed with each subsequent transfer.