PURCHASING A CONDOMINIUM
IN THE KINGDOM OF THAILAND

The following is provided to clients as a brief introduction to the law relating to purchase or ownership of condominiums in the Kingdom of Thailand by foreigners. Please note that it is not an exhaustive exposition of the law but intended only as an introduction to common principles of law and practice in the Kingdom.

The rules concerning ownership of condominiums are similar, in most respects to the rules governing ownership of land in Thailand (ie, restrictive or prohibitive with regard to foreign ownership), with one important exception. Under the Condominium Acts (1979-2008), and amendments thereto, foreign ownership of a percentage of a particular condominium development may be held, in freehold title by foreign persons or entities, provided the special rules of the Condominium Act are complied with. Condominium units have a form of freehold title deed and ownership is transferred at the Land Department.  Since each condominium unit carries with it a proportionate ownership of the land, foreign ownership of condominiums is limited to 49% of the total

Foreigners, meaning foreign natural persons, foreign companies or foreign majority owned Thai companies, may currently own up to 49% of the units in a condominium project (this 49% is often referred to as the “foreign quota”). For foreign natural persons without a residence permit, there must be proof that foreign currency was brought into Thailand to purchase the unit. Different rules apply to persons in BOI promoted companies and foreigners with residence permits. Notwithstanding the above, condominium units may be also be leased by foreigners, in the same manner that they may lease land.

Increased protection for owners was provided by the Condominium Act amendments of 2008, which contains detailed provisions designed to ensure good management of condominiums, and grants enhanced rights to unit owners to take action in cases of non-compliance with duties imposed under the Act.

Condominium Act:   To view our English translation of the Condominium Act (2008), please Click Here

Thai Civil and Commercial Code (General Property Sections): To view our English translation of the Thai Civil and Commercial Code general provisions on property, please Click Here.

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THAICONDOLAW.COM, THAICONDOLAWYER.COM, BKKCONDOLAW.COM AND BKKCONDOLAWYER.COM are public information resources of White & Weber Ltd., Attorneys at Law. We are committed to making the confusing Thai property ownership system more understandable to, and more “user friendly” for, our clients and the general public. We are dedicated to protecting our client’s rights and promoting their understanding of those rights. Thailand is our home and we are happy to help you in making it your home as well.