By the Selling Bangkok Team · Last updated: 27 October 2026
Most international buyers already know that foreigners can own a condo in Thailand (here's the broader picture). The more useful question is: can this particular unit be registered in my name? That depends less on you than on the building you're buying in.
Thai law allows foreigners, together, to own up to 49% of a condominium building's total saleable floor area (Condominium Act B.E. 2522, s.19 bis, English translation by Siam Legal; Thai government portal). And despite the headlines, the proposed rise to 75% is still not law.
This guide covers what the quota counts, who uses it, the money rule, why it runs out, and how to check before you reserve. We check foreign quota availability on every project before we recommend it, so if you'd rather skip the homework, ask us which projects still have foreign quota.
Key takeaways
- The quota is 49% of a condominium building's total saleable floor area. It's measured by floor area, not by number of units.
- "Foreign freehold" means the unit is registered in your own name, with no lease term.
- Most buyers qualify by bringing the purchase money into Thailand from abroad in foreign currency, and they need the bank's evidence of that transfer.
- Get the building's quota position in writing before you pay a reservation fee.
- As of October 2026, the 49% limit and the 30-year lease cap are unchanged.
1. What is the Thailand condo foreign quota (the 49% rule)?
Thai law caps foreign freehold ownership at 49% of a condominium building's total saleable floor area, which is the combined area of all its units. The quota belongs to the building, not to the buyer. Whether you can buy a unit in foreign freehold therefore depends on how much of that 49% earlier foreign buyers have already used.
The rule comes from section 19 bis of the Condominium Act (English translation by Siam Legal). Three points are worth understanding:
- It's floor area, not unit count. Because the quota is measured in square metres, a building can reach its foreign limit with fewer than half of its units foreign-owned if foreigners have bought the larger units (ThaiLawOnline).
- A simple illustration (made-up round numbers, not a real project): if a building's units add up to 10,000 sqm, foreign owners can hold up to 4,900 sqm between them. One 400 sqm penthouse uses as much quota as ten 40 sqm one-bedroom units.
- Common areas don't count. The 49% is calculated on the units' total area, set when the building is registered as a condominium, not on the pool, gym or lobby.
For a wider view of the investment picture, see our Bangkok property investment guide for foreigners.
2. What does "foreign freehold" mean in Thailand?
Foreign freehold means a condo unit registered at the Land Office in the foreign buyer's own name, using part of the building's foreign quota. It's outright ownership of the unit and its share of the common property, with no lease term. Foreigners generally can't own land in Thailand, which is why condominiums are the main freehold route.
The difference from leasehold is important. A lease is a right to use the property for a fixed period, and under the Civil and Commercial Code a lease of immovable property is capped at 30 years (ThaiLawOnline; Thaipedia). With freehold, the unit is registered to you with no expiry date. You can sell it, rent it out or leave it to your heirs, within the rules covered below.
You'll hear sales teams talk about "foreign quota units" and "Thai quota units". This only describes which quota a unit will be registered under; the units themselves are identical.
For general ownership questions, see our foreign investor FAQ.
3. Who counts as a "foreigner" for the condo quota?
Section 19 of the Condominium Act lists who may own: foreigners with Thai permanent residence, foreigners admitted under investment-promotion (BOI) law, certain Thai-registered companies treated as foreign, BOI-promoted foreign companies, and any foreigner who brings the purchase money in from abroad. All of them count towards the same 49% quota.
(Condominium Act s.19 and s.19 bis; Tilleke & Gibbins)
In practice:
- Most international buyers use the remittance route (section 19(5)): you qualify by bringing the purchase money into Thailand from abroad. Permanent residents and BOI-status foreigners qualify under other paragraphs and show their permits instead. They still use foreign quota; the difference is how they can pay (ThaiLawOnline).
- Companies: under the Land Code, a Thai-registered company is treated as foreign if foreigners hold more than 49% of its registered capital or make up more than half of its shareholders (ThaiLawOnline, Land Code ss.97–100).
- No nominees. Holding property through a Thai "proxy" person or company to get around foreign-ownership rules is not a legitimate option. According to ThaiLawOnline, the Department of Lands issued circulars in May 2026 directing land offices to apply existing powers against proxy holdings more consistently (source).
4. Do I have to send the money from abroad, and what is the FET form?
Yes, under the remittance route. You must show the Land Office that foreign currency covering at least the unit price came from abroad, or that you paid from a non-resident baht or foreign-currency account. Your Thai bank issues a Foreign Exchange Transaction (FET) form for transfers of USD 50,000 and above, and a credit advice or letter below that.
(Condominium Act s.19(5) and s.19 ter; ThaiLawOnline; SCB inward transfers; Thai government portal)
Practical points:
- Pay from abroad, in foreign currency. Paying from an ordinary Thai baht account usually won't satisfy the Land Office for a foreign freehold registration.
- State the purpose. Ask your bank to record the transfer as payment for buying a condominium, ideally with the project name, unit number and your name.
- Make the names match. The name on the FET form or credit advice should match the buyer's name on the sale and purchase agreement (ThaiLawOnline FET guide).
- Remit at least the full price. The total you bring in must cover at least the price of the unit.
- Keep every document. Keep the FET form or credit advice for each payment (the 30% paid when you sign the sale and purchase agreement, and the 70% balance on completion), because you'll need them all on transfer day. The FET is evidence of where the money came from, not a permit.
If you can't be in Bangkok for the transfer, a Power of Attorney lets a representative sign for you. See buying Bangkok property from overseas for the full remote process. We support remote purchases from reservation to title transfer.
5. How is foreign quota allocated in a new launch, and why does it sell out?
The quota is fixed at 49% of a condominium building's total saleable floor area, however strong demand is. When a new project attracts many overseas buyers, the foreign share can fill up before the rest of the building sells. After that, new foreign buyers can't register a unit there in foreign freehold until quota space opens up.
(Condominium Act s.19 bis and s.19 quater)
A few things follow from the floor-area rule:
- Larger units use quota faster. Two- and three-bedroom units and penthouses take a bigger slice of the 49% than studios. At a penthouse-only building such as SCOPE Thonglor, each sale is a large share of the total.
- Availability can change quickly. In our experience, foreign-quota availability in popular launches can change quickly around launch events, so a figure from last month may already be out of date.
- The check that matters happens at transfer. The Land Office checks the quota when the unit is registered, not when you reserve it (Thaipedia). Before you sign for an off-plan unit, ask the developer to confirm in writing that your unit is allocated to foreign quota, and what happens (for example, a refund) if foreign quota isn't available at transfer.
Browsing new launches? Examples on our site include Reference Kaset District, NUE Epic Asok-Rama 9 and Still Sukhumvit 20, or browse all current developments. Ask us about current quota for any of them. See also new launches in H2 2026 and Thonglor vs Ekkamai.
6. How do I check a building's foreign quota before I reserve?
Ask for the building's current foreign-owned share in writing before you pay a reservation fee. For a completed building, ask the juristic person (the building's management body) for a dated, signed letter. For an off-plan project, ask the developer to confirm in writing that your specific unit is allocated to foreign quota. A verbal assurance isn't enough.
Questions worth asking:
- What percentage of the building's total saleable floor area is foreign-owned today (out of a maximum of 49%)?
- Is my unit being sold in foreign quota?
- Roughly how much foreign quota is left?
- What date is this figure from?
- If foreign quota runs out before my transfer, what happens to my deposit?
At transfer the seller must also declare the building's foreign ownership ratio to the Land Office (Condominium Act s.19 ter). The written confirmation simply protects you earlier, before any money changes hands. The reservation step is explained in the buying process in Bangkok.
We check foreign quota availability on every project before we recommend it. Contact us or tap the WhatsApp button on this page to ask which projects still have foreign quota.
7. What happens if a building's foreign quota is full?
You can't register a unit in your own name in a building whose foreign quota is used up. Your realistic options are to wait for a foreign-owned unit in that building to come up for resale, to choose another project that still has quota, or to consider a registered lease, which is legally capped at 30 years. Avoid nominee arrangements.
(Condominium Act s.19 quater; ThaiLawOnline)
- Leasehold is a different product. A lease is capped at 30 years. In Supreme Court Decision 4655/2566, a promise made alongside a registered 30-year lease to renew it twice more on the same terms (the "30+30+30" pitch) was held void (ThaiLawOnline). Leases over three years must also be registered at the Land Office to be fully enforceable (Thaipedia). Price a lease on its 30 years, and take independent legal advice before choosing one.
- A Thai company is not a shortcut. A foreign-controlled company is treated as foreign anyway (Land Code ss.97–100), and nominee structures carry serious legal risk.
- Another building is often the simplest answer. Tell us your budget and preferred area and we'll shortlist projects with quota still open. You can also browse all our condos for sale, compare neighbourhoods in best areas to buy a condo in Bangkok, or check indicative prices by area in our 2026 price guide.
8. Has Thailand raised the condo foreign quota to 75% in 2026?
No. In 2024 the government announced it was studying a rise from 49% to 75%, alongside 99-year leases, but as of October 2026 no amendment has been enacted. The 49% limit in the Condominium Act still applies, so make your decision on the current law, not on an expected change.
(Thailand PRD, 2024 announcement; Thaipedia, checked October 2026; ThaiLawOnline)
Don't pay extra for a unit on the assumption that the rules will loosen. We'll update this article if the law changes.
9. What does the foreign quota mean when I resell?
Your unit already counts towards the building's foreign share. You can sell it to another foreign buyer, who will need their own remittance evidence and will still be checked against the quota at the Land Office, or to a Thai buyer, which frees that floor area for future foreign buyers. Either way, keep your original transfer documents.
(Condominium Act s.19 ter and s.19 quater)
- Keep your FET forms and credit advices. They record that your purchase money came from abroad. If you plan to take sale proceeds out of Thailand, ask your bank what documents it will need.
- Thai buyers have a temporary fee advantage. A reduced 0.01% transfer and mortgage fee applies to qualifying homes up to THB 7 million bought by Thai individuals only, running to 30 June 2027 (ThaiLawOnline). Foreign buyers pay the standard fee.
- Inheritance has its own rules. A foreign heir who doesn't qualify to own under section 19 generally has to notify the Land Office and sell within a set period (Tilleke & Gibbins). Take legal advice if this applies to you.
Sale-side taxes and fees are covered in additional costs to budget for. While you hold the unit, we can help with tenant sourcing and property management; see managing your Bangkok condo remotely.
Frequently asked questions
Does the 49% quota count units or floor area?
Floor area. The cap is 49% of a condominium building's total saleable floor area, meaning all the units' area combined (ThaiLawOnline).
Can I pay from my Thai bank account?
Not from an ordinary Thai baht account if you're buying under the remittance route. Money must come from abroad in foreign currency, or from a non-resident baht or foreign-currency account. Thai permanent residents qualify differently (ThaiLawOnline).
When do I get an FET form rather than a credit advice?
Your bank issues an FET form for transfers of USD 50,000 and above. Below that, it issues a credit advice or letter. Keep whichever you receive for every payment.
Do Thai permanent residents use the foreign quota?
Yes. They count towards the same 49%. The difference is the payment route (Condominium Act s.19 bis).
Are the 75% quota or 99-year leases available now?
No. Both were still proposals as of October 2026 (Thaipedia).
Which Bangkok projects still have foreign quota?
It changes as units sell. Ask us or browse current developments.
Ready to check a project?
Before you reserve, ask us which projects still have foreign quota. Three developments we're currently offering to foreign freehold buyers:
- Vay Rama 9 by Sansiri: low-rise and fully furnished in Rama 9, about 8 minutes from MRT Thailand Cultural Centre, from ฿2,990,000.
- SHUSH Ratchathewi by Sansiri: loft residences 140 m from BTS Ratchathewi, completing 2027, from ฿10,125,000.
- Scope Langsuan by SCOPE: completed luxury residences beside Lumphini Park, 220 m from BTS Chit Lom, one-bedrooms from ฿49,800,000.
Quota moves as units sell, so we'll confirm the latest position for your chosen unit before you pay anything.
We can also handle the rest remotely: Power of Attorney, fund transfers and FET documents, title transfer, pre-handover inspection, furnishing, tenant sourcing and property management.
Contact us or tap the WhatsApp button on this page.
General information, not legal advice. Thai law as at October 2026. Confirm your own situation with a Thai lawyer and your bank before you commit.