TPN Journal

Can a Foreigner Own a Condo in Thailand?

Updated 8 min read

Yes. A foreign national can own a condominium unit in Thailand outright — freehold, registered in their own name, with no Thai nominee, no company structure, and no lease workaround. This is the clearest path to property ownership available to foreigners in Thailand, and it is written directly into the Condominium Act.

The confusion comes from conflating condos with land. Those are two different laws with two different answers, and almost every piece of bad advice on this topic comes from mixing them up.

The one rule that decides everything: the 49% quota

A condominium building may sell up to 49% of its total unit floor area to foreign owners. The remaining 51% must be held by Thai nationals or Thai-majority entities. The quota is measured across the whole building by floor area — not by unit count, and not per floor.

This means the answer to "can I buy this specific unit?" is a property of the building, not of you. A building that has already sold its foreign allocation cannot sell you a unit in foreign name, no matter how well-qualified a buyer you are. The same unit may be freely available to a Thai buyer on the same day.

Ask for the building's current foreign quota position in writing before you pay any deposit. The juristic person (the building's management office) maintains this figure and can issue a letter confirming it. An agent who cannot get you that letter is an agent who does not have a relationship with the building.

What happens when the quota is full

You have three realistic options, in descending order of how much we would recommend them:

  • Buy a different unit in a building with quota available. Almost always the right answer, and the reason broad inventory access matters — see MLS in Thailand for how agents share listings across buildings.
  • Buy the unit on a registered leasehold instead of freehold. Thai law registers leases up to 30 years. Renewal clauses beyond that are contractual promises, not registered rights — treat any "30+30+30" pitch with caution.
  • Wait for quota to free up as foreign owners sell to Thai buyers. Unpredictable, and not something to plan a purchase around.

The money has to arrive from abroad

To register a condo in foreign name, the Land Department requires evidence that the purchase funds were remitted into Thailand from overseas in foreign currency and converted to Thai baht by a Thai bank. The bank issues a Foreign Exchange Transaction (FET) form documenting this — older guides still call it a Tor Tor 3.

Two details trip people up repeatedly. First, the remittance must state the purpose and the buyer's name — a transfer that arrives with no stated purpose can be very hard to retroactively document. Second, the FET form is issued by the receiving bank, so the funds should land at the bank you intend to collect the paperwork from.

Money you already hold in a Thai bank account does not automatically satisfy this requirement. If you have lived in Thailand for years and intend to buy with local savings, raise this with your lawyer early — it materially changes the process.

Land, houses and the villa question

Foreigners cannot own land in Thailand. There are narrow statutory exceptions tied to large qualifying investments, but they are rare enough that they do not describe the situation of a typical buyer.

This is why the villa market works differently from the condo market. A foreigner can own a house as a structure while holding the land beneath it on a registered lease, or through a usufruct or superficies right. These are legitimate instruments, but they are meaningfully more complex than a condo purchase and the quality of the drafting matters enormously.

Structures that place land in a Thai company you effectively control are common in the market and carry real regulatory risk if the company exists only to hold the asset. Do not take that route on an agent's assurance. Take it on a lawyer's, or not at all.

What the transfer actually costs

Transfer costs at the Land Department are calculated on the appraised value, not always the contract price, and who pays what is negotiable — it should be stated explicitly in the sale agreement rather than assumed.

  • Transfer fee — 2% of the appraised value. Commonly split 50/50 between buyer and seller, but this is convention, not law.
  • Specific Business Tax — 3.3% of the higher of appraised or contract value, applying when the seller has held the property for less than five years. Normally the seller's cost.
  • Stamp duty — 0.5%, applying instead of Specific Business Tax when that tax does not apply.
  • Withholding tax — calculated on a sliding scale for individual sellers based on holding period and assessed value.

Budget for the full transfer-day figure before you sign, and get it in writing. A deal that goes quiet a week before transfer is very often a deal where nobody agreed who was paying the 2%.

A practical sequence

  • Confirm the building's foreign quota position in writing from the juristic person.
  • Engage a Thai property lawyer independent of the seller and the agent. This is not the place to save a fee.
  • Have the lawyer check the title, the outstanding common-area fees, and any encumbrances on the unit.
  • Remit funds from abroad, in foreign currency, with the purpose and buyer name stated.
  • Collect the FET form from the receiving bank.
  • Agree in writing who pays which transfer-day taxes.
  • Register the transfer at the Land Department.

None of this is exotic. Thousands of foreigners complete condo purchases in Thailand every year without incident. The transactions that go wrong are almost always the ones where somebody skipped the quota letter or the lawyer.

Where TPN fits

TPN is a co-broking network for licensed agents in Thailand, not a law firm and not a buyer's agency. What the network changes is inventory access: because member agents share co-brokeable listings with each other, an agent can show you units across many buildings rather than only the ones their own agency happens to hold. When the deciding factor is which buildings still have foreign quota, that breadth is the difference between a shortlist and a single option.

Common questions

Can a foreigner own a condo in Thailand in their own name?
Yes. Foreigners can hold a condominium unit freehold in their own name under the Condominium Act, provided the building has not exceeded its 49% foreign-ownership quota and the purchase funds were remitted from abroad in foreign currency.
What is the 49% foreign quota?
A condominium building may sell up to 49% of its total unit floor area to foreign owners. It is measured by floor area across the entire building, not by number of units. Once that allocation is used, the building cannot register further units in foreign names.
Can a foreigner buy land or a house in Thailand?
Foreigners cannot own land. A foreigner can own a house as a structure while holding the land on a registered lease, usufruct or superficies right. These arrangements are legitimate but materially more complex than a condo purchase and need independent legal advice.
What is an FET form and why do I need one?
The Foreign Exchange Transaction form is issued by the Thai bank that receives your overseas transfer, evidencing that the purchase funds entered Thailand in foreign currency. The Land Department requires it to register a condo in a foreign name. Older guides call it a Tor Tor 3.
How much does it cost to transfer a condo in Thailand?
The transfer fee is 2% of the appraised value, commonly split between buyer and seller. Sellers holding under five years typically pay Specific Business Tax of 3.3%; otherwise stamp duty of 0.5% applies. Withholding tax is calculated separately. Agree who pays what in writing before signing.
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