Foreign Ownership of Condominiums in Thailand

Last updated: 1 Nov 2025

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Foreign Ownership of Condominiums in Thailand

Foreign nationals are legally permitted to own condominium units in Thailand under the Condominium Act B.E. 2522 (as amended). However, foreign ownership is subject to specific legal conditions and limitations.

Key Requirements for Foreign Condominium Ownership

1. Ownership Limit - 49% of Total Units
Foreigners can hold no more than 49% of the total unit space in a condominium building. The remaining 51% must be owned by Thai nationals or Thai companies.

2. Funds Must Be Transferred from Abroad (FET Form Required)
The purchase funds must be transferred from a foreign account and supported by a Foreign Exchange Transaction Form (FET) to verify the source of funds.

3. Confirmation from the Condominium Juristic Person
Before buying, confirm with the building's juristic person that there is still available foreign quota for ownership.

⚠️ Important Considerations

Foreign buyers should also be aware of the following legal restrictions:

Exceeding Foreign Quota: If the 49% foreign ownership limit is reached, foreigners may only purchase leasehold rights instead of freehold ownership.

Inheritance Restrictions: Ownership held by a foreigner cannot be directly inherited by another foreigner. Heirs must comply with Thai legal requirements.

Sources: Thailand Property Law, Thailandlawonline, and Samuiforsale - Legal Aspects of Buying & Owning Condominiums in Thailand

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Comparison: Freehold vs. Leasehold Ownership in Thailand

Category	Freehold Ownership	Leasehold Ownership
Legal Definition	Full ownership of the condominium unit and shared land rights (within the 49% foreign quota).	Long-term lease of the property, granting the right to use but not ownership of the land.
Ownership Limit	Up to 49% of total saleable area in the condominium project (foreign quota).	No restriction on foreign ownership quota available when the 49% quota is full.
Tenure	Permanent ownership no expiration.	30 years maximum (renewable upon agreement).
Title Deed	Buyers name appears on the Chanote (title deed) issued by the Land Department.	Buyers name appears on the lease agreement, not on the land title deed.
Inheritance	Can be inherited by legal heirs (subject to Thai law).	Lease terminates upon expiration unless renewed; inheritance depends on contract terms.
Resale Value	Generally higher resale value and more attractive to investors.	Usually lower resale value due to time-limited rights.
Ownership Security	Strongest ownership right under Thai property law.	Less secure, dependent on lease terms and renewal conditions.
Ideal For	Long-term investors seeking capital appreciation and full ownership.	Foreigners seeking long-term stay or use rights when foreign quota is full.

Sources : Thailand Law Online, Benoit & Partners, Thailand Property Law, Addleshaw Goddard

Key Facts and Important Notes:

When the foreign ownership quota (49%) in a condominium building is fully occupied, foreigners can only acquire the unit through a leasehold agreement instead of freehold ownership.

Although the 30+30+30 lease term (initial 30 years + 30-year renewal + 30-year renewal) is often advertised, under Thai Supreme Court rulings and Thai law, any automatic renewal clause beyond 30 years may not be legally enforceable.

Lease agreements exceeding 3 years must be registered with the Land Department to be legally binding and enforceable against third parties.

Freehold condominium ownership can be transferred or inherited, but the foreign transferee (heir) must meet the eligibility requirements under Section 19* of the Condominium Act.

* Foreign Condominium Ownership in Thailand

Under the Condominium Act B.E. 2522 (Section 19), foreigners are allowed to own up to 49% of the total sellable area in a condominium project under Freehold ownership.

The remaining 51% must be owned by Thai nationals or Thai legal entities.

Foreign buyers must transfer funds from abroad for the purchase and present a Foreign Exchange Transaction Form (FET) as proof to the Land Department on the date of ownership transfer.

If the foreign ownership quota (49%) is fully reached, investors may still acquire units through Leasehold ownership a long-term lease of up to 30 years, which can be renewed.

This provides usage rights similar to Freehold, but without ownership of the land itself.

Ownership Type Key Features

Freehold: Full ownership (available only within the 49% foreign quota)
Leasehold: Long-term lease (30 years, renewable)

Understanding the difference between Freehold and Leasehold enables foreign investors to plan their ownership strategy and evaluate their return on investment (ROI) with greater clarity and security.

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Sources: Condominium Act B.E. 2522, Department of Lands, Thailandlawonline.com, Samuiforsale.com.