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.
Southern Thailand — Surat Thani
Condominium & Foreign Property Ownership in Surat Thani
Checking title, documents and transfer before a major payment is made.
Why Surat Thani matters are different
Surat Thani contains two distinct settings: a mainland centre for agriculture and commerce, and the islands of Samui, Phangan and Tao where tourism and foreign investment drive the economy. Legal work differs accordingly, from crop-sale and agricultural land contracts to hotel leases, condominium transactions and documentation for foreign residents on the islands.
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.
- The islands have their own provincial court, so cases arising there need not be filed on the mainland — a significant saving in travel time.
- Some island plots fall under slope limits or specific zoning rules that affect building permits more than buyers expect.
- Many island accommodation businesses operate under long leases, so whether the lease is registered materially affects the value of the business.
- Travel between the islands and the mainland means hearing dates and document delivery need more lead time than elsewhere.
Courts and authorities in Surat Thani
Jurisdiction and filing requirements should be confirmed for each matter, because practice and required attachments differ between offices.
| Court / authority | What it handles |
|---|---|
| Surat Thani Provincial Court, Koh Samui Provincial Court and Surat Thani Municipal Court | Civil and criminal cases by jurisdiction, with the islands served by their own provincial court |
| Surat Thani Juvenile and Family Court | Family and juvenile matters |
| Labour Court Region 8 | Labour cases in the upper southern region |
| Surat Thani Provincial Land Office and branch offices, including the Koh Samui branch | Land, condominium and lease registration on the mainland and islands |
| Surat Thani Immigration Office and Koh Samui immigration checkpoint | Extensions of stay and residence notification for foreign nationals |
| Surat Thani Legal Execution Office | Enforcement of judgments in the province |
| Surat Thani Provincial Commercial Office | Local company registration services |
What we handle in Surat Thani
- 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
The local process, step by step
- 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 and depend on the court calendar and the authority handling the matter in Surat Thani.
Areas of Surat Thani we regularly serve
เมืองสุราษฎร์ธานีเกาะสมุยเกาะพะงันเกาะเต่าพุนพินกาญจนดิษฐ์ไชยาบ้านนาสารท่าฉางดอนสัก
Laws that govern this matter — Surat Thani
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 — Surat Thani
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 — Surat Thani
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.
Questions people in Surat Thani ask
A dispute arose on Koh Samui — must it be filed in Surat Thani city?
Not necessarily — Koh Samui Provincial Court has its own jurisdiction. Venue follows the defendant’s domicile and where the cause of action arose; if both are on the island, the case can be filed there directly.
Buying an island hotel business held under a lease — what must be checked?
Check whether the lease is registered, the remaining term, whether the leasehold can be assigned to the buyer, renewal conditions, and the accommodation licence, which attaches to both the building and the operator. If the leasehold cannot be assigned, the agreed price may not reflect what the buyer actually receives.
Can a foreigner on Koh Phangan execute documents for use in their home country?
Yes, but the document must be designed to the receiving authority’s requirements from the outset — language, form of signature certification and the order of certification — because corrections usually mean restarting the whole process, which costs more time on an island.
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.
Same service in other provinces
Condominium & Foreign Property Ownership — BangkokCondominium & Foreign Property Ownership — Chiang MaiCondominium & Foreign Property Ownership — PhuketCondominium & Foreign Property Ownership — ChonburiCondominium & Foreign Property Ownership — Udon ThaniCondominium & Foreign Property Ownership — SongkhlaCondominium & Foreign Property Ownership — Chiang RaiCondominium & Foreign Property Ownership — RayongCondominium & Foreign Property Ownership — NonthaburiCondominium & Foreign Property Ownership — nationwide
Other legal services in Surat Thani
Litigation & Court Representation — Surat ThaniCivil, criminal, labour, family, succession and land disputesCorporate & Commercial — Surat ThaniIncorporation, contracts, foreign business, BOI and complianceImmigration & Foreign Nationals — Surat ThaniVisas, work permits, residency and lawful statusIntellectual Property — Surat ThaniTrademarks, copyright, patents and enforcementLand & Real Estate — Surat ThaniTitle due diligence, sale, lease and transfer at the Land OfficeFamily & Succession — Surat ThaniMarriage, divorce, custody, wills and estate administrationMediation, Arbitration & Enforcement — Surat ThaniResolving disputes outside court and making awards effectiveNotarial Services & International Documents — Surat ThaniSignature and document certification, translation, consular and embassy legalisation
Discuss your Surat Thani matter with an attorney
Tell us the facts and we will explain which authority applies, what documents are needed and the realistic timeframe.