Condominium Act B.E. 2522 (1979), as amended
Caps aggregate foreign-owned area in a condominium building and requires evidence of funds remitted from abroad.
Practice area
Condominium & Foreign Property Ownership
Checking title, documents and transfer before a major payment is made.
Foreign nationals may own condominium units in Thailand under the Condominium Act, provided foreign ownership in the building does not exceed 49% of the total unit floor area and the funds are evidenced as foreign currency remitted into Thailand as the law requires. We verify the foreign quota, the title status, encumbrances and the sale and purchase agreement, and handle the transfer at the Land Office.
What this practice covers
- Verifying the building’s foreign ownership quota with the juristic person
- Title deed, unit title and encumbrance searches
- Reviewing and negotiating the sale and purchase agreement with the developer
- Checking foreign exchange evidence required at the Land Office
- Handling the transfer and collecting title documents on the client’s behalf
- Long leases, usufruct and superficies for houses and land
- Wills and succession planning for Thai property
How we work on your matter
- 1Initial case assessment of the project documents and the buyer’s status
- 2Title and foreign-quota due diligence before any signing
- 3Reporting contract risks and proposing amendments
- 4Preparing transfer documents and booking the Land Office appointment
- 5Attending the transfer and checking every document on the day
Documents to prepare
- Buyer’s passport and a power of attorney if not attending in person
- Copies of the unit title and the project land title
- Sale and purchase agreement and all payment records
- Bank evidence of foreign currency remitted into Thailand
- Foreign ownership ratio certificate from the condominium juristic person
- Debt-free certificate for common area fees
Points to watch
- Foreigners generally cannot own land; company structures used to hold land carry legal risk.
- If the building’s foreign quota is full, the unit cannot be transferred into a foreign name.
- Remittance documents must state the correct purpose from the outset; correcting them later is difficult.
- Off-plan purchases carry delivery risk; the contract’s remedies for late delivery should be examined closely.
Typical timeframe
Title and quota due diligence usually takes a few working days once documents are received, while the transfer date depends on the Land Office schedule and every party’s documents being ready.
Timeframes are indicative only and depend on the authority, the court calendar and the completeness of your documents.
What to check before paying a reservation deposit
The safe order is to check the documents before paying, not after. Before committing you should know whether the unit still falls within the available foreign quota, whether the seller is the registered owner on the title, whether any mortgage or encumbrance remains, and how much is outstanding in common-area fees. All of this can be verified at the Land Office and with the condominium juristic person before you sign anything binding.
For off-plan purchases, read the delivery date, design-change and delay provisions carefully. Developer contracts are usually drafted to protect the seller; asking for amendments before signing is both possible and normal practice.
Overseas documents to prepare in advance
Foreign buyers who cannot attend the transfer must prepare a power of attorney in advance, normally signed before a notary in their country of residence and then authenticated by the competent authority and the Royal Thai Embassy. In some countries this takes several weeks, and starting late is a frequent cause of postponed transfers.
Because the firm handles both property work and international document certification, we can supply a draft power of attorney in a form the Land Office accepts and set out the certification steps in the country of origin so the client can complete them in time.
Laws that govern this matter
Summarised for general understanding only. The application of each provision depends on the facts of your case.
Department of Lands regulations
Specify transfer-day documents, including the foreign-quota certificate from the condominium juristic person.
Example situations and how they are handled
These are constructed examples used to explain procedure. They are not client matters, and no outcome is implied or guaranteed.
Illustrative scenario: foreign quota full on transfer day
Situation: A foreign buyer has paid a deposit, then learns the building’s foreign quota is full.
Usual approach: Obtain the quota certificate before paying a deposit, and state in the sale agreement that the buyer may terminate and reclaim the deposit if the foreign quota is unavailable. (Hypothetical.)
Advice for your specific situation
Foreign condominium buyers
- Remit funds from abroad in foreign currency with the correct stated purpose so the bank evidence is accepted.
- Check outstanding common-area fees — they affect the debt-free certificate.
Every matter — what to do in the first 7 days
- Gather every original document in one place, keep scanned copies, and note the date you received each one.
- Write a dated timeline — the date you received a notice or learned of the event usually starts the limitation or appeal clock.
- Do not sign a settlement, debt acknowledgement or withdrawal before a lawyer reviews it — it may extinguish existing rights.
- Preserve digital evidence unaltered (full screenshots, original files, emails with headers) — edited files are easy to challenge.
This service in your province
Province pages set out the courts and authorities with jurisdiction locally, and answer the questions people in that area ask.
Frequently asked questions
Can a foreigner buy a house with land?
As a rule foreigners cannot own land. Common alternatives are owning the building while taking a long lease of the land, or using a usufruct or superficies right — each with different limitations.
Must I be in Thailand on the transfer date?
Not necessarily; a power of attorney can be used. A power of attorney executed abroad normally needs signature certification and embassy or competent-authority authentication before it can be used in Thailand.
Who pays the transfer fees?
It is a matter of contract. Parties commonly split the costs or allocate them to one side, so the allocation should be stated clearly before signing.
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Speak with an attorney about your matter
Tell us the facts and we will explain the options, the documents required and the realistic timeframe before you decide.