Glossary, ownership

Condominium Act in Thai property

พระราชบัญญัติอาคารชุด พ.ศ. 2522

The Condominium Act B.E. 2522 (1979) is the statute governing how condominiums in Thailand are registered, owned and managed. Sections 19 and 19 bis set out which foreigners may own units and cap foreign ownership at 49% of a building's unit floor area.

The Act creates the unit title deed, defines common property and establishes the juristic person that manages each building. It has been amended several times. The 2008 amendment (No. 4) added most of the buyer protections in use today: developers must use a standard-form sale contract (section 6/2), and advertising material forms part of the contract (section 6/1).

The provisions a foreign buyer is most likely to meet:

Section 19(5): a foreigner qualifies to own a unit by bringing foreign currency into Thailand to pay for it.
Section 19 bis: the 49% foreign quota.
Section 18: co-owners share common expenses in proportion to their ownership ratio.
Section 18/1: late payment carries a surcharge of up to 12% a year, rising to up to 20% once six months overdue.
Section 29: no transfer without a certificate that common expenses are paid.

The Act does not allow units to be run as hotel rooms. See can foreigners buy property in Thailand and the condominium foreign quota.

General guidance, not legal or tax advice. Take independent legal advice before you commit to a purchase.

Terms related to condominium act

Foreign quota: The foreign quota is the share of a condominium that foreigners may own freehold: no more than 49% of the total floor area of all units in the building, under section 19 bis of the Condominium Act.
Condominium juristic person: The condominium juristic person is the legal entity, created when a condominium is registered, that manages the building's common property for all unit owners. It collects fees, enforces the by-laws and is run by a manager under an elected committee.
Foreign Exchange Transaction Form (FET): A Foreign Exchange Transaction Form is the certificate a Thai bank issues to show that funds arrived from abroad in foreign currency. The land office asks for it, or a bank credit advice for smaller sums, before registering a condominium in a foreign buyer's name.
Common-area fee (CAM fee): The common-area fee, or CAM fee, is the recurring charge each condominium owner pays towards running the building: staff, security, lifts, pool, insurance and cleaning. It is set in baht per square metre of unit area per month and is often billed a year in advance.