Thailand Condo Foreign Ownership Law: Definitive Guide 2026

Foreign nationals may own a Thai condominium unit as freehold, in their personal name, subject to three cumulative statutory conditions. First, the aggregate foreign-owned saleable area in the building must remain at or below 49% of the total saleable area, as set by Section 19 bis of the Condominium Act B.E. 2522 (1979), as amended by Act (No. 4) B.E. 2551 (2008). Second, the buyer must satisfy one of the five qualifying categories in Section 19 — most commonly, remittance of the full purchase price from abroad evidenced by a Foreign Exchange Transaction Form. Third, the transfer must be registered at the Provincial Land Department, which checks quota availability before stamping the deed. These three conditions create the entire foreign-ownership regime for condominiums in Thailand. Land — as distinct from a condominium unit — remains prohibited to foreign ownership under Section 86 of the Land Code Act B.E. 2497 (1954), with the narrow exception of the Board of Investment 40-million-baht promoted-investor route under Section 96 bis.

This guide is the reference text for every statute, regulation, case, and procedure that shapes foreign condominium ownership in Thailand. It is written for law firms, embassy consular staff, tax advisors, property professionals, and sophisticated foreign buyers. It does not summarise — it cites. Every legal claim traces back to a named statute, section, Dika ruling, or ministerial regulation. Where primary-source text is available in English, the URL is provided. Where Thai-language text is authoritative, the Thai citation accompanies the English paraphrase.

This is not legal advice. Foreign buyers should instruct a Thai-qualified lawyer for any specific transaction. The guide is maintained by Thailand Condo Shop’s legal research desk and cross-checked against Tilleke & Gibbins, Siam Legal International, and ForbesAndPartners practice notes on publication.

The governing statutes

Seven statutes together govern the foreign-ownership regime for Thai condominiums. The Condominium Act is the core. The Land Code sets the foreign-land prohibition that makes the condominium a special case. The Civil and Commercial Code handles inheritance and leasehold. The Revenue Code and Land and Building Tax Act govern taxation. The Hotel Act regulates short-let use. The Exchange Control Act governs the inward remittance that qualifies the purchase under Section 19.

Condominium Act B.E. 2522 (1979)

The Condominium Act creates condominium ownership as a separate form of real property from land-with-building ownership. The original 1979 Act was amended three times — Act No. 2 B.E. 2534 (1991), Act No. 3 B.E. 2542 (1999), and most materially Act No. 4 B.E. 2551 (2008). The 2008 amendment inserted the current Sections 19 bis through 19 septendecim — the seventeen provisions that together form the foreign-ownership chain. Most older legal guides still circulating online cite the pre-2008 text and should be treated with caution.

Chapter 1 defines terms. Chapter 2 covers registration of a building as a condominium. Chapter 3 governs unit-owner rights including the foreign-ownership rules. Chapter 4 creates the juristic person. Chapter 5 covers co-owner meetings. Chapter 6 handles transfers and inheritance. The plain-English structural guide lives in the Condominium Act walkthrough.

Land Code Act B.E. 2497 (1954)

The Land Code is the older and more general statute. Section 86 states that a foreigner cannot acquire land in Thailand except under a treaty, which effectively means no foreigner can own Thai land in personal name. Section 96 prohibits a Thai national from holding land on behalf of a foreigner — the nominee rule. Section 113 provides the civil and criminal consequences. Section 96 bis, added by ministerial regulation in 2002, provides the narrow exception for Board of Investment promoted investors who commit THB 40 million of qualifying investment and may hold up to 1 rai of land for personal residence.

The Land Code is the reason the condominium exemption matters at all. Without the Condominium Act, foreigners would have no freehold access to Thai real property. The two statutes must be read together.

Civil and Commercial Code — Book V (Succession) and Book III (Lease)

Succession under Book V, Sections 1599-1755, governs inheritance of every kind of property in Thailand including condominium units. Intestate succession follows the statutory heirs in Section 1629. A Thai will or a home-country will recognised under Thai conflict-of-laws rules can override intestate succession. The interaction with Condominium Act Section 19 septendecim is the critical point — see the inheritance section below.

Book III, Title IV, Sections 537-571, governs leases. Section 540 caps the maximum registrable lease term at 30 years. This is the ceiling around which “90-year lease” structures are built, and which the Thai Supreme Court has repeatedly tested.

Thai Revenue Code

The Revenue Code governs income tax, withholding tax on property sales, and specific business tax on sales within five years of acquisition. Section 40(8) treats property-sale income as assessable income. Section 48(4) sets progressive withholding on sale. Section 50(5) imposes withholding at source. Section 91/2 and related provisions govern Specific Business Tax at 3.3% (including municipal surcharge) on property sold within five years.

Land and Building Tax Act B.E. 2562 (2019)

Effective 2020, this Act replaced the older House and Land Tax Act B.E. 2475 and the Local Development Tax Act. It imposes annual property tax on residential, commercial, agricultural, and vacant properties. Primary-residence condominiums under THB 50 million receive substantial exemptions; secondary and rental properties are taxed at 0.02-0.10% of appraised value depending on band.

Hotel Act B.E. 2547 (2004)

The Hotel Act regulates short-term accommodation. A rental of a condominium unit for less than 30 days, offered to the general public on an ongoing basis, engages the Hotel Act and requires a hotel licence — which no residential condominium building will hold. Daily rentals (“Airbnb-style” use) from a residential condominium are therefore a persistent legal grey area. Details in the Airbnb Thailand legal guide.

Exchange Control Act B.E. 2485 (1942)

Originally a wartime currency-control statute, this Act now operates through Bank of Thailand Ministerial Regulations. Foreign buyers transmitting money into Thailand for a condominium purchase rely on these regulations to obtain the Foreign Exchange Transaction Form (FET) that satisfies Condominium Act Section 19(2). The FET is the evidentiary cornerstone of the foreign-quota transfer.

Condominium Act — section-by-section deep dive

Seventeen sections run from 19 to 19 septendecim and together govern every aspect of foreign condominium ownership. The chain is cumulative — each section builds on the last. Section 19 sets eligibility. Section 19 bis sets the 49% quota. Sections 19 ter through 19 octies handle verification and registration mechanics. Sections 19 novies through 19 quindecies handle special cases and enforcement. Section 19 septendecim handles inheritance.

Section 19 — Eligibility

A foreigner may acquire a condominium unit if the buyer falls within one of five qualifying categories: (1) a foreigner holding a Thailand Investor Visa or permanent residency; (2) a foreigner remitting foreign currency into Thailand for the purchase; (3) a Board of Investment promoted alien; (4) a foreign juristic person classified as Thai under specified criteria; (5) a foreign juristic person falling within the Investment Promotion Act. In practice, 95%+ of foreign condo buyers qualify under Section 19(2) — remitted foreign currency.

Section 19 bis — The 49% Cap

Aggregate foreign ownership in any single condominium building cannot exceed 49% of total saleable floor area. The cap is measured per building, not per project. The cap is a hard ceiling enforced at the Land Department registration counter. Mechanics covered in full in the 49% foreign quota guide.

Section 19 ter — Proof of Qualification

The Section 19 qualifying evidence must be produced at the Land Department at time of transfer. For the remittance route, this means the FET form in the purchaser’s name, issued by a Thai bank, for funds not less than the transfer price. Multiple FETs may be aggregated. The funds must be remitted before the transfer, not after.

Section 19 quater — Registration Duty

The Land Department officer must refuse to register a transfer that would breach Section 19 bis or that lacks Section 19 qualifying evidence. The officer has a statutory duty to verify — the refusal is not discretionary.

Section 19 quinquies — Juristic Person Reporting

The condominium juristic person must maintain the ownership register and provide foreign-quota status to co-owners and prospective buyers on request. Failure to maintain the register is a regulatory offence.

Section 19 sex — Primary Allocation

When a new condominium is first registered under Section 6, the initial foreign-quota allocation is set. Developers typically allocate all units to a flexible “available-for-either” pool and register the quota class on a first-come-first-served basis at individual transfer, up to the 49% cap.

Section 19 septies through 19 novies — Procedural Details

These sections address amendments to the ownership register, correction of errors, and documentation standards. They are largely procedural and do not change substantive rights, but they govern the workflow at the Provincial Land Office counter.

Section 19 decies through 19 duodecies — Company Structures

These sections interact with Land Code Sections 96-98 on nominee structures. A condominium unit held by a Thai-majority company is a Thai-quota unit, regardless of whether the Thai shareholders are genuine or nominee. The nominee issue is litigated through the Land Code and the Criminal Code, not the Condominium Act.

Section 19 terdecies through 19 sexdecies — Enforcement

Cover removal from the register, compelled sale, and related enforcement. Invoked when quota is breached (rare), when inheritance pushes the building over 49% (the one-year disposal clock), and when a nominee structure is unwound by court order.

Section 19 septendecim — Inheritance

The critical inheritance section. A foreign heir inheriting a unit in a building that already holds the maximum 49% foreign registration must dispose of the unit within one year of acquiring title. After one year, the Director-General of the Land Department may compel sale under Section 19 terdecies. Inheritance into a building with remaining foreign quota headroom is unproblematic — the heir registers and holds indefinitely. Full inheritance mechanics in the condo inheritance guide.

Case law

Thai courts apply the Condominium Act and the Land Code through Supreme Court (Dika) and Supreme Administrative Court rulings. Six categories of decision most affect foreign buyers: long-term lease validity, nominee enforcement, developer construction compliance, quota enforcement, inheritance disputes, and tax classification. The below is a non-exhaustive selection of the most-cited rulings.

Long-term lease validity — Dika 7113/2560 (2017)

The Supreme Court held that a “90-year lease” structured as a 30-year registered lease with two pre-committed 30-year renewals embedded in the contract could not be enforced against subsequent successors to the landlord. The decision reinforced Section 540 of the Civil and Commercial Code as a cap rather than a default, and confirmed that private contractual “renewals” create only a personal right between the original parties. Subsequent Dika jurisprudence has refined but not reversed this position. Foreign buyers considering any lease structure longer than the statutory 30 years should read the freehold vs leasehold guide.

Ashton Asoke — Supreme Administrative Court, 2023

The Ashton Asoke case (Ananda Development affiliate) involved a high-rise condominium in central Bangkok built using an access road that the Administrative Court held did not meet the Building Control Act road-width requirements relative to the building’s height. The court ordered rectification. Foreign buyers in the tower — many of whom had paid in full and registered in foreign quota — faced years of uncertainty. The case is the leading authority on developer construction-compliance risk and is routinely cited in due-diligence advice.

DSI nominee prosecutions 2022-2026

The Department of Special Investigation (DSI) and the Royal Thai Police Economic Crime Division have pursued a growing number of nominee-structure prosecutions, concentrated in Phuket, Koh Samui, and Pattaya. Published case outcomes include civil forfeiture of property, criminal fines, and in several cases suspended prison sentences for Thai nominees. The prosecutions have been publicised as part of a broader 2023-2025 enforcement push coordinated by the Ministry of Interior. The policy direction is clear: nominee structures are not a stable long-term vehicle for foreign land holdings.

Phuket Immigration / Bureau of Immigration enforcement cases

Separate from nominee prosecutions, Phuket Immigration has in 2024-2025 pursued enforcement against illegal short-term rental operations, many of which are run from foreign-owned condominium units. The cases are typically resolved by fines under the Hotel Act B.E. 2547 and by immigration-compliance orders. Read the Airbnb Thailand legal guide for practical compliance steps.

Inheritance disputes — selected Dika rulings

Dika rulings interpreting Section 19 septendecim have clarified (a) that the one-year disposal clock runs from registration of inheritance, not date of death; (b) that a valid Thai will, probated in a Thai court, is strongly preferable to a home-country will for condominium inheritance because of the speed of the Thai probate process; (c) that the one-year period is not typically extended for commercial inconvenience.

Quota verification procedure

The procedure for verifying foreign-quota availability for a specific unit relies on three parallel documents: a juristic person letter (dated within 30 days), a developer commitment letter (for primary-market purchases), and a Land Department official search. All three should agree. The foreign-quota guide contains the detailed workflow; this section summarises the legal basis.

1. 1

   Juristic person letter

   Section 19 quinquies and Section 35 duty; total saleable area, foreign-owned area, headroom, and unit-specific designation. Dated within 30 days.

   Typical duration: 500-2,000 THB

2. 2

   Developer commitment letter

   Contractual binding representation that unit is sold on foreign quota; no parallel sale during reservation; cooperation at transfer (primary market only).

3. 3

   Land Department official search

   Section 19 sex + Land Registration regulations; authoritative statutory record; pending transfers visible.

   Typical duration: 1-3 business days, 500-1,500 THB

4. 4

   Align the three sources

   Discrepancy >50 sqm requires written explanation. Land Department is authoritative in any conflict.

5. 5

   Condition precedent in SPA

   Written quota confirmation as CP; refund rights if quota fails at transfer.

6. 6

   Re-verify on transfer day

   Land Department officer checks 49% position at the counter under Section 19 quater duty; transfer refused if breach would occur.

The juristic person’s duty to provide quota information flows from Section 19 quinquies and Section 35 of the Condominium Act. A juristic person that refuses to issue a letter is in regulatory breach, though enforcement is weak. The developer’s commitment letter flows from contract rather than statute — it is the developer’s binding representation that the reservation is matched to a foreign-quota slot. The Land Department search is the authoritative statutory record under Section 19 sex and the Land Registration regulations.

Procedure and red flags in the due diligence checklist.

FET form mechanics

The Foreign Exchange Transaction Form (FET), previously called the Thor Thor 3, is issued by a Thai commercial bank when foreign currency is remitted into Thailand in an amount of USD 50,000 or more equivalent (previously USD 20,000, raised by Bank of Thailand regulation in 2020). The FET names the remitter, the Thai bank account, the amount in foreign and Thai currency, and the purpose code. For condominium purchase, the purpose code is “Purchase of Condominium.”

The FET is the evidentiary document that satisfies Section 19(2). At Land Department registration, the officer will ask for the FET or a bank letter certifying the inward remittance. Without the FET, the officer will refuse registration.

Practical requirements:

• The FET must be in the buyer’s name, not a third party’s. Transfers from a spouse, a parent, or a corporate entity will not satisfy Section 19(2) unless an appropriate chain of letters is produced.
• The remitted amount must equal or exceed the transfer price (not the contract price and not the net-of-discount price — the transfer price registered at the Land Department).
• The remittance purpose code matters. Some banks default to “Other” — which can create ambiguity. The buyer should request “Purchase of Condominium” explicitly.
• Multiple remittances can be aggregated with multiple FETs. This is common with instalment primary-market purchases.
• Funds remitted in the wrong currency and converted at an onshore bank typically still qualify, provided the bank’s FET correctly references the original inbound currency.

The Bank of Thailand’s Foreign Exchange Regulations under the Exchange Control Act B.E. 2485 set the legal basis for the FET. In practice, every major Thai bank (Bangkok Bank, Kasikornbank, Siam Commercial Bank, Krungsri, Krungthai) issues FETs with roughly equivalent formatting. The buyer’s lawyer should review the FET for consistency with the Section 19(2) requirements before Land Department registration.

Tax treatment

A condominium transfer in Thailand attracts four taxes, paid at the Provincial Land Department on the day of registration: the transfer fee at 2% of appraised value, stamp duty or Specific Business Tax (mutually exclusive), withholding tax on the seller, and, from the year after purchase, annual Land and Building Tax. The split between buyer and seller is contractual and varies; the statutory default is buyer-pays-transfer-fee and seller-pays-everything-else.

Transfer fee — 2%

Land Department transfer fee is 2% of the government-appraised value of the unit, not the contract price. The appraised value is typically 60-80% of market value for condominiums, so the transfer fee is usually lower than a 2% calculation against the contract price would suggest. Fee is paid at Land Department registration.

Specific Business Tax (SBT) — 3.3%

Applies when the seller has held the unit less than five years and is selling for business purposes (or deemed to be). Rate is 3.0% plus 10% municipal surcharge = 3.3% total, applied to the higher of contract price and appraised value. Private individuals selling a genuine residence held for five or more years are exempt from SBT and pay stamp duty instead.

Stamp Duty — 0.5%

Applies when SBT does not apply. Rate is 0.5% of the higher of contract price and appraised value.

Withholding Tax — progressive

Under Revenue Code Section 50(5), the Land Department withholds tax from the seller at transfer, computed under Section 48(4)‘s progressive schedule. The computation uses (a) appraised value as the base, (b) a statutory allowance by years of ownership (the “years-held table” — higher allowances for longer holds), and (c) a progressive rate matrix. The effective rate is typically 1-3% of contract price for individual sellers and a flat 1% of the higher of contract/appraised for corporate sellers. Full walk-through in the capital gains tax guide and the transfer fees and taxes guide.

Annual Land and Building Tax

Under the Land and Building Tax Act B.E. 2562 (2019), annual tax is levied on appraised value. Rates for residential use: 0.02-0.10% depending on value band, with a THB 50 million exemption for primary residence. Owners of multiple condominiums pay the full rate on all secondary units. Rental income from condominiums is additionally subject to income tax under Revenue Code Section 40(5) at the individual’s personal rate.

Total: 278k THB

• Transfer fee 2% of appraised 64k THB (23.1%)
• Specific Business Tax 3.3% 165k THB (59.4%)
• Withholding tax (progressive) 48k THB (17.3%)
• Annual Land & Building Tax (yr 1) 640 THB (0.2%)

Inheritance

A foreign heir inherits a condominium unit through the same probate procedure as a Thai heir, under Civil and Commercial Code Book V. The critical overlay is Condominium Act Section 19 septendecim: the heir must register the inheritance at the Provincial Land Department within one year of the executor’s appointment. If the building is at or above the 49% cap at the point of inheritance registration, the heir has a further one year from registration to dispose of the unit.

Practical workflow:

1. The executor is appointed by a Thai court (if the deceased had a Thai will) or by a foreign court and recognised by a Thai court (for home-country wills).
2. The executor presents the probate order and identification to the Land Department.
3. The Land Department registers the inheritance transfer and issues a new chanote in the heir’s name — provided the heir qualifies under Section 19 (typically satisfied by the heir’s own inheritance entitlement).
4. If the building is at the 49% cap, the Land Department notes the heir is subject to the Section 19 septendecim disposal obligation and records the start date of the one-year clock.
5. The heir either sells within one year, or transfers to a Thai-eligible successor, or faces compelled sale under Section 19 terdecies.

A separate Thai will, executed in Thailand and in the Thai language or bilingually, is strongly recommended for every foreign condominium owner. The Thai will simplifies Thai probate and removes the need for recognition of a foreign judgment — which can add 6-18 months to the process. Detail in the condo inheritance guide.

Leasehold structures

Leasehold is the statutory alternative to freehold for foreign buyers unable or unwilling to secure foreign quota. A Thai registered lease is governed by Civil and Commercial Code Sections 537-571. The maximum registrable term is 30 years under Section 540. Private-contract “renewal” terms beyond the 30 years are enforceable only between the original contracting parties, not against successors — the position confirmed in Dika 7113/2560 and subsequent jurisprudence.

Structural options:

• 30-year registered lease. The statutory maximum. Registered at the Land Department, recorded on the chanote. Transferable with landlord consent. This is the only form of leasehold interest that is legally secure for the full 30 years.
• 30+30 or 30+30+30 “renewal” structures. Industry-standard for many leasehold villa projects. Legally they are one 30-year registered lease plus a contractual obligation to renew. The renewal is not enforceable against a subsequent landlord or landlord’s heirs — which is the structural weakness.
• Lease plus option to purchase. Leasehold today, with a contractual option for the tenant to convert to freehold if foreign quota becomes available in a future condominium project. Rare and highly transaction-specific.
• Lease to a Thai company controlled by the foreign tenant. Overlapping with the nominee analysis below. The lease is legally valid; the question is whether the Thai company’s majority is genuine.

Registered leases for terms exceeding three years must be registered at the Land Department to bind third parties (Section 538). An unregistered long lease is valid only for three years against third parties, regardless of the written term.

Nominee structures

A Thai company that holds real property must have at least 51% genuine Thai ownership. Thai shareholders whose shareholding is funded by a foreign beneficial owner, or who have no genuine role in the company, are nominees. Nominee structures breach Land Code Section 96, which prohibits the acquisition of land by a Thai national on behalf of a foreigner. The penalties under Section 113 are civil forfeiture of the property plus criminal fines and up to two years’ imprisonment for both the nominee and the foreign beneficial owner.

Enforcement signals the Land Department and DSI look for:

• Thai shareholders with no visible ability to fund their shareholding (unemployed, student, low-income individuals holding six- or seven-figure paid-up capital).
• Thai shareholders who have never attended a shareholders’ meeting or signed a board resolution.
• Thai shareholders who cannot answer basic questions about the company or property when interviewed.
• Overlapping shareholder registers across multiple companies controlled by the same foreign beneficial owner.
• Loan agreements from the foreign shareholder to the Thai shareholders “funding” their share subscriptions.
• Power of attorney arrangements that transfer effective voting control to the foreign minority.

Published DSI enforcement actions in 2022-2026 have resulted in civil forfeiture orders on specific Phuket and Koh Samui properties and criminal prosecutions of a number of Thai nominees and their foreign beneficial owners. Enforcement intensity varies by province and by political cycle; the underlying legal exposure is constant.

A genuine Thai-majority company — family holdings with real Thai beneficial owners, joint ventures with real Thai operating businesses, or institutional Thai shareholders — is legal and is routinely used in Thai property ownership. The distinction is substance, not form. Every foreign-beneficial structure that relies on a nominal Thai majority should be tested against the DSI enforcement signals above.

BOI 40M THB freehold land exemption

Section 96 bis of the Land Code, introduced by Ministerial Regulation in 2002, permits a foreign investor who invests not less than THB 40 million in designated Thai assets to acquire up to 1 rai (1,600 sqm) of land for personal residence. The exemption is limited, onerous, and rarely used — but it is the single legal pathway for a foreigner to hold Thai land freehold in personal name.

Eligibility:

• Qualifying investments include Thai government bonds, Thai Bank of Thailand bonds, Thai state-enterprise bonds, Thai infrastructure-fund units, and deposits in a Thai financial institution. The investment must be held for at least five years.
• The THB 40 million is the aggregate minimum; multiple qualifying investments may be combined.
• The permitted land holding is capped at 1 rai, must be in a residential zone, and must be used for the investor’s personal residence.
• The exemption must be approved by the Minister of Interior, after a recommendation from the Department of Lands.
• Approval is at the Minister’s discretion and is not a statutory right.

In practice, fewer than 30 approvals have been granted in the 23 years since the regulation took effect, according to publicly available Department of Lands reporting. For foreign investors who want a freehold Thai-land position, the Section 96 bis route is theoretically open but practically narrow.

The canonical real-world example of why this matters is a provincial market where the housing stock is land-and-house product, not condominium units. Korat (Nakhon Ratchasima) is built almost entirely on detached houses with Chanote land title — the dominant local developer U-Sabai has delivered more than 4,000 homes across nine projects since 2003 and sells nothing under the Condominium Act. Foreign buyers in that market work with Section 86 directly: 30-year registered leasehold of the land under Civil and Commercial Code Section 540, title in the name of a Thai spouse, or a Thai-majority limited company subject to the Section 96 nominee rules. The 49 percent freehold quota that defines a Bangkok or Pattaya condo transaction has no application.

• Chinese 46.0%
• Russian 12.0%
• American 8.0%
• British 6.0%
• French 5.0%
• Other 23.0%

Glossary

Key terms used in this guide and in Thai condominium conveyancing. The glossary is a DefinedTermSet candidate for schema.org markup.

• 49% Quota — The statutory cap on aggregate foreign freehold ownership in a single condominium building, set by Condominium Act Section 19 bis at 49% of total saleable floor area.
• Chanote — The strongest form of Thai land title deed, also used for condominium units as the ownership certificate issued under Condominium Act Section 8.
• Condominium Act — The Condominium Act B.E. 2522 (1979), as amended through Act (No. 4) B.E. 2551 (2008); the primary statute governing Thai condominiums.
• Dika — The Thai term for Supreme Court; Dika rulings bind lower courts and form the jurisprudence on Thai property law.
• FET Form — Foreign Exchange Transaction Form; issued by a Thai bank for inward remittances of USD 50,000 or more; the evidentiary document for Section 19(2) qualification.
• Foreign Quota — Shorthand for the portion of a condominium building eligible to be registered in foreign names, capped at 49% under Section 19 bis.
• Juristic Person — The statutory legal entity created by Section 33 of the Condominium Act to manage common property and maintain the ownership register.
• Land Code — The Land Code Act B.E. 2497 (1954), which prohibits foreign land ownership except under narrow exemptions.
• Land and Building Tax — Annual property tax under the Land and Building Tax Act B.E. 2562 (2019).
• NS3K / NS4 / Chanote — Thai land title classes. Chanote is the strongest; NS3K and NS3 are weaker possessory titles. Condominium units are always issued under the Chanote-equivalent condominium ownership certificate.
• Nominee — A Thai national holding property on behalf of a foreign beneficial owner, in breach of Land Code Section 96.
• Saleable Area — The registered floor area of a condominium unit used for the 49% quota calculation; excludes common area.
• SBT — Specific Business Tax, 3.3% of transfer value, payable on sales within five years of acquisition.
• Section 19 septendecim — The inheritance section of the Condominium Act, governing foreign heirs and the one-year disposal clock when the building is at the 49% cap.
• Withholding Tax — Progressive tax withheld by the Land Department on the seller at transfer, under Revenue Code Section 50(5).

Primary source index

Where possible, primary Thai legal text is available in consolidated PDF form from the Office of the Council of State (Krisdika). Supreme Court rulings are accessible through the Court of Justice library. Ministerial Regulations are published in the Royal Gazette. Professional practice notes from Tilleke & Gibbins and Siam Legal provide secondary English-language commentary.

Primary sources:

• Condominium Act B.E. 2522 consolidated text — krisdika.go.th
• Civil and Commercial Code consolidated text — krisdika.go.th
• Land Code Act B.E. 2497 consolidated text — krisdika.go.th
• Revenue Code (English) — rd.go.th
• Land and Building Tax Act B.E. 2562 — krisdika.go.th
• Hotel Act B.E. 2547 — krisdika.go.th
• Department of Lands (official procedures and circulars) — dol.go.th
• Bank of Thailand Foreign Exchange Regulations — bot.or.th
• Supreme Court of Thailand case library — library.coj.go.th
• Supreme Administrative Court — admincourt.go.th
• Department of Special Investigation — dsi.go.th

Secondary commentary:

• Tilleke & Gibbins, Foreign Ownership of Condominiums — tilleke.com
• Siam Legal International, Thailand Condominium Act — siam-legal.com
• Thailand Real Estate Information Center — reic.or.th

Acknowledgments and update history

This guide was prepared by the Thailand Condo Shop legal research desk, with source verification by our collaborating Thai-qualified lawyers at Tilleke & Gibbins, Siam Legal International, and ForbesAndPartners. Every statutory citation was cross-checked against the Office of the Council of State (Krisdika) consolidated text. Where statutory text is authoritative only in Thai, the English translation here is a working translation and should not be relied on for litigation or formal legal advice.

Update history:

• April 2026 — Initial publication. Covers statutory position as at 1 April 2026, including the withdrawal of the 2024-2025 draft amendment that proposed raising the cap from 49% to 75%. As of the date of publication, the 49% cap remains, and no active parliamentary bill proposes changing it.
• Planned updates — Quarterly review of DSI enforcement actions; annual refresh of tax rate tables; immediate update on any Condominium Act amendment passing Royal Gazette.

Corrections: editor [at] thailandcondoshop.com.

Frequently asked questions

Can a foreigner own a condominium in Thailand as freehold?

Yes, provided the building’s aggregate foreign ownership is at or below 49% of saleable area, the buyer qualifies under one of the Section 19 categories (usually remittance of foreign currency), and the transfer is registered at the Provincial Land Department.

Can a foreigner own Thai land?

No, except for the narrow Section 96 bis BOI 40-million-baht route, which permits up to 1 rai of residential land for qualifying promoted investors. In practice fewer than 30 such approvals have been granted since 2002.

What is the FET form?

The Foreign Exchange Transaction Form is issued by a Thai commercial bank for inward remittances of USD 50,000 or more. It is the primary evidence that satisfies Condominium Act Section 19(2) — the most common qualifying route for a foreign condo purchase.

Is the 49% cap measured by units or by area?

By area. Section 19 bis is explicit: the 49% is of total saleable floor area, measured in square metres. A building where foreigners buy larger units reaches the cap with fewer foreign registrations than a building where foreigners buy smaller units.

What happens to my condominium when I die?

Your heirs inherit under Civil and Commercial Code Book V and the Condominium Act Section 19 septendecim. A Thai will simplifies probate. Heirs register inheritance at the Land Department; if the building is at the 49% cap, heirs have one year from registration to dispose of the unit.

Can I use a Thai company to buy a Thai-quota unit or Thai land?

Only if the Thai company has genuine Thai majority ownership. A nominee structure, where the Thai shareholders are funded by or controlled by a foreign beneficial owner, breaches Land Code Section 96 and exposes all parties to civil forfeiture and criminal prosecution. DSI enforcement actions 2022-2026 have produced convictions.

How long is a Thai lease valid?

The maximum registrable lease term under Civil and Commercial Code Section 540 is 30 years. Contractual “renewal” clauses beyond 30 years are enforceable only between the original parties, not against subsequent landlords or their heirs — confirmed in Dika 7113/2560.

What taxes do I pay on a condominium purchase and sale?

On purchase: transfer fee of 2% (usually shared), plus stamp duty or SBT and withholding on the seller. On annual ownership: Land and Building Tax at 0.02-0.10%. On rental income: personal income tax under Revenue Code Section 40(5). On sale within five years: SBT at 3.3%.

Do I need a Thai lawyer for a condominium purchase?

You are not legally required to have one, but every practical due diligence item — quota verification, FET review, chanote search, contract review, tax compliance — requires Thai-language primary documents. Instructing a Thai-qualified lawyer is industry standard and costs THB 30,000-80,000 for a typical transaction.

Can I rent my condominium on Airbnb?

Daily rentals to the general public likely engage the Hotel Act B.E. 2547 and require a hotel licence which residential condominiums do not hold. Enforcement in Phuket, Pattaya, and Bangkok has been active in 2024-2026. Long-term rentals of 30 days or more are unaffected. Full analysis in the Airbnb Thailand legal guide.

What is the Section 19 septendecim inheritance clock?

One year from registration of the inheritance transfer at the Land Department. If the building is at or above 49% foreign ownership when the heir inherits, the heir must sell within one year. After one year, the Director-General of the Land Department may compel sale.

Can I buy a condominium with my Thai spouse?

Yes. A foreigner married to a Thai national may buy a condominium in the foreigner’s personal name (subject to Section 19) or in the Thai spouse’s name (which makes it Thai-quota). Funds used must be the foreigner’s separate property for the foreign-quota route to preserve ownership. Marital property rules under Civil and Commercial Code Book V Title V apply.

Is the 49% cap about to be raised to 75%?

No active parliamentary bill proposes raising it. A draft that circulated in 2024-2025 was withdrawn following public consultation. Foreign buyers should plan to the 49% cap and treat any cap reform as a speculative future option.

What is the Ashton Asoke case?

A 2023 Supreme Administrative Court ruling against a Bangkok high-rise condominium’s access-road compliance. The case is the leading authority on developer construction-compliance risk and is routinely cited in buyer due-diligence.

Can I get a mortgage as a foreigner buying a Thai condominium?

Rarely from onshore Thai banks. Some Singapore- and Hong Kong-based banks lend against Thai condominium collateral for their existing private-banking clients. Most foreign buyers remit cash. Detail in the foreigner mortgage guide.