Foreign buyers can own condominium units in Thailand freehold, but only up to a ceiling. Under Section 19 bis of the Condominium Act B.E. 2522 (1979), foreigners together may hold no more than 49% of the total floor area of all units in a condominium. The remaining 51% must be held by Thai owners. This is the foreign quota, and it decides whether a particular unit can be registered in your name.
How the 49% is measured
Three points settle most questions.
- It is floor area, not unit count. The floor area of every unit in the condominium is added together. Foreigners may hold up to 49% of that total. Common areas such as lobbies, corridors and pools are not part of the sum.
- It is per registered condominium. Each registered building has its own calculation. Two towers in the same project can stand at very different foreign percentages, and a developer's sales across other projects are irrelevant.
- It is tested at registration. The Land Office checks the ratio when ownership is transferred. A reservation or a signed contract does not secure quota. Registration does.
A simple illustration: in a building whose units total 20,000 sqm, foreigners can hold up to 9,800 sqm between them. Ten foreign-owned penthouses of 300 sqm use 3,000 sqm of that allowance, as much as 100 studios of 30 sqm. This is why a building with plenty of unsold units can still have no foreign quota left.
Some developers set their own ceiling below 49% for commercial reasons, so ask what proportion the developer intends to sell to foreigners as well as what the law allows.
Who counts as a foreign owner
Section 19 lists the foreigners who may own a unit. For individuals the relevant categories are holders of Thai permanent residence, those admitted under investment promotion law, and, by far the most used, those who bring the purchase price into Thailand in foreign currency under Section 19(5). The last group must show the Land Office a Foreign Exchange Transaction Form or bank evidence for the full price. The mechanics are in sending money to Thailand.
Quota and remittance are separate tests. A building with quota available will still be refused to a buyer whose money arrived the wrong way, and correct paperwork will not help in a building whose quota is full.
How to check the remaining quota
The register that matters day to day is kept by the building's juristic person, the legal entity that manages the condominium on behalf of its co-owners.
- Ask for a quota letter. The juristic person issues a signed, dated letter stating the proportion of unit floor area currently held by foreigners. This letter goes to the Land Office with your passport, your remittance evidence and the certificate confirming that no common fees are outstanding on the unit.
- Cross-check it. Your lawyer can compare the figure with Land Office records as part of the wider due diligence.
- Time it. The ratio changes whenever another foreign buyer completes. Obtain a fresh letter within a few days of your transfer date.
- Write it into the contract. The sale and purchase agreement should state that the unit is sold within the foreign quota for registration in your name, and that you receive a full refund if registration is refused.
For a new development the building is not yet registered, so there is no juristic person to ask. The developer allocates units to the foreign quota from its sales list. Get the allocation in writing in the contract, and see the off-plan buying process for the other protections to look for.
What happens when the quota is full
The Land Office will not register a new foreign freehold owner in that building. You then have four choices, three of them lawful.
| Option | What you get | What to weigh |
|---|---|---|
| Buy a resale unit from a foreign owner | Freehold. The allocation passes with the unit, so the building's ratio does not change | Supply is limited to units already in the foreign quota |
| Take a registered lease of a unit | A right to occupy for up to 30 years | A lease is not ownership. Renewal is a contractual promise only. See freehold vs leasehold |
| Choose another building | Freehold, where quota remains | Compare like with like on location and specification |
| Hold through a Thai company with nominee shareholders | Nothing you can rely on | Unlawful. See Thai company ownership risks |
On the leasehold route, remember that the Supreme Court in decision 4655/2566 held pre-agreed renewals void where they were used to get round the 30-year limit. A 30-year lease of a condominium unit should be priced as 30 years.
Why quota status affects price
Quota status travels with the title. A unit registered to a foreigner can be sold to anyone: a Thai buyer, or another foreigner, who inherits the allocation. A unit registered to a Thai owner can be sold to a foreigner only if the building has quota to spare at the time.
In a building where the foreign quota is full, Thai-quota units can therefore be sold only to Thai buyers or let on lease. In locations where overseas demand sets prices, that narrower market tends to show as a discount, and foreign-quota units in high-demand Phuket projects trade at a premium over otherwise identical Thai-quota units. Judge the size of the gap building by building from actual transactions.
If you buy in the foreign quota, keep your remittance evidence safe. The buyer of your unit will bring their own, but your bank will ask for yours when you send the proceeds home. See selling property and repatriating funds.
How often the quota is the constraint
Less often than marketing suggests. Foreign buyers accounted for under 20% of condominium purchases in 2025, and only a limited number of projects have reached the 49% ceiling. The buildings that do fill are, by definition, the ones overseas buyers want most, so the question matters more in resort markets such as Phuket and Pattaya and in sought-after central Bangkok buildings than the national figure implies. Be sceptical of urgency built on quota. Ask for the letter.
The 75% proposal
In June 2024 the government of the day asked the Ministry of Interior to work on raising the foreign quota from 49% to 75% and extending leases to 99 years. Under the proposal, foreign voting rights in the juristic person would stay capped at 49% whatever the ownership figure. It was approved for study only.
No amendment to the Condominium Act has passed, and the quota remains 49%. If the law does change, it will be through an Act of Parliament published in the Royal Gazette. Until then, do not pay for a unit on the footing that it will convert from Thai quota or leasehold to foreign freehold.
Considerations before you commit
- Confirm the quota in writing, close to transfer, from the juristic person.
- Make the contract conditional on registration in your name.
- Check whether a foreign heir could keep the unit. Our guide to inheritance and wills covers the rules.
- Where a leasehold unit is offered because the quota is full, compare its price with the freehold price for the same building and discount for the fixed term.
- Take independent legal advice where the structure is anything other than a foreign-quota freehold in your own name.
