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The 49% foreign quota for condominiums

In each condominium, foreigners and companies treated as foreign may together own units making up at most 49% of the total floor area of all units (Condominium Act, section 19 bis).

The Land Office checks the share each time a unit is transferred to a foreigner, and registers the transfer only if the building stays within the limit.

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How the 49% is measured

  • It is a share of floor area, not of the number of units.
  • The total is the space of all units in that condominium as it was registered.
  • It is counted separately for each registered condominium.

Who counts as foreign

Section 19 of the Act lists five categories of foreign owner. All of them use the same quota.

CategoryEvidence shown at the Land Office
A foreigner with permanent residence in ThailandThe residence permission under the immigration law.
A foreigner admitted under the investment promotion lawThe permission to enter under that law.
A company treated as foreign under the Land Code (sections 97 and 98), registered in ThailandIts registration as a Thai juristic person.
A foreign company holding an investment promotion certificateThe promotion certificate.
A foreigner or foreign company that brings foreign currency into ThailandEvidence of the foreign currency brought in, or withdrawn from a non-resident baht account or a foreign-currency account, of not less than the price of the unit.

A company falls under the Land Code rule when foreigners hold more than 49% of its registered capital, or when more than half of its shareholders are foreigners. Such a company does not sit outside the quota: it uses it.

How the quota is checked

  1. Before you pay a deposit. Ask the seller for a letter from the building's juristic person stating the foreign-owned share. Have it dated as close to the transfer as you can.
  2. At the transfer. The person applying for the transfer tells the Land Office the names of the foreign owners and the share of space they already hold (section 19 ter).
  3. Registration. The official checks the documents and the share, counting the existing foreign owners and the new buyer, and registers the transfer only if the total stays within 49% (section 19 quater).

The letter is not the decision. It is evidence you ask for. The Land Office decides on the day of the transfer.

What a foreign buyer shows

Most foreign buyers rely on the foreign-currency category. The money must arrive in Thailand as foreign currency, and the receiving bank records it. For a remittance of USD 50,000 or the equivalent, the bank issues a Foreign Exchange Transaction Form; for a smaller amount, ask the bank for a certificate. The total evidenced must be not less than the price of the unit.

The steps are in How to buy property in Thailand.

When the quota is full

  • No further unit can be registered in a foreigner's name in that condominium.
  • A unit bought from a foreign owner changes nothing in the foreign share.
  • A lease is possible, for at most 30 years. It is a different right: see leasehold and freehold.

Questions

Is the quota counted by number of units or by floor area?
By floor area. The limit is 49% of the total space of all units in the condominium as registered, so a few large foreign-owned units use more quota than the same number of small ones.
Who can tell me how much quota is left?
The juristic person (the management office) of the building can issue a letter stating the share already held by foreigners. The law does not prescribe a form for that letter. The check that counts is the one the Land Office makes when the transfer is registered.
Does buying through a Thai company avoid the quota?
No. A company with more than 49% foreign capital, or with foreigners as more than half of its shareholders, is listed in the Condominium Act among the foreign owners, and the units it holds count towards the 49%.
What if the quota is full?
The Land Office will not register a further unit in a foreigner's name. A unit bought from another foreign owner does not raise the foreign share. Otherwise the remaining route is a registered lease of at most 30 years, which is not ownership.
What happens to the quota if a foreigner inherits a unit?
A foreign heir who is not in one of the categories allowed to own a unit must notify the Land Office within 60 days and sell the unit within one year. An heir who is in one of those categories can keep it only if the building stays within the quota.

Sources

  1. Procedure for accepting foreign money transfers to buy assets in Thailand Government Public Relations Department (thailand.go.th). Read 12 November 2026.
  2. Condominium Act B.E. 2522 (1979) as amended in 2008, sections 19 to 19/11 (English translation) Siam Legal law library. Read 11 November 2026.
  3. Condominium Act (No. 4) B.E. 2551 (2008), unofficial English translation S. Ratanarapee, ed. J. B. Fishback. Read 11 November 2026.
  4. Buying a condo in Thailand: legal checks, fees and transfer ThaiLawOnline (Thai law firm). Read 11 November 2026.
  5. Land Code, chapter 9, sections 97 to 100 (Council of State translation) ThaiLawOnline law library. Read 11 November 2026.
  6. Real Estate 2026: Thailand, law and practice Chambers and Partners practice guides (Duensing Kippen). Read 12 November 2026.