Foreigners can own condominiums in Thailand outright, but cannot directly own land. This guide explains exactly what you can and can't buy, the famous 49% condo rule, leasehold structures, and the step-by-step purchase process.
Under the Thai Condominium Act, foreigners can own a condominium unit in freehold, provided that foreign ownership in the building does not exceed 49% of the total saleable floor area. The funds to purchase must generally be transferred into Thailand in foreign currency and documented (a Foreign Exchange Transaction form).
Foreigners cannot directly own land. The common, legal alternative is a registered long-term lease (typically up to 30 years, renewable by agreement), or holding land via a properly structured Thai company — which must be a genuine operating company, not a nominee arrangement.
1) Reserve the unit and sign a reservation agreement with a deposit. 2) Conduct due diligence — title deed (Chanote), foreign-quota availability, encumbrances, and developer track record. 3) Sign the Sale and Purchase Agreement. 4) Transfer purchase funds into Thailand in foreign currency and obtain the FET form. 5) Register the transfer at the Land Department, where ownership is recorded and taxes/fees are paid.
Engage an independent Thai property lawyer for due diligence and the contract — BAANLYY is a portal and does not provide legal advice.
Expect a transfer fee (commonly 2% of the appraised value), plus specific business tax or stamp duty and withholding tax depending on how long the seller has held the property. These are often negotiated between buyer and seller. Confirm current rates with the Land Department or your lawyer.
Yes. Foreigners can own a condominium unit in freehold, as long as foreign ownership in that building does not exceed 49% of the total saleable area, and the purchase funds are transferred into Thailand in foreign currency and documented.
Not directly. Foreigners typically secure land through a registered long-term lease (up to 30 years, renewable) or via a legitimately operating Thai company. Nominee shareholder structures used solely to hold land are illegal.
The Thai Condominium Act limits total foreign ownership in any condominium building to 49% of the saleable floor area. Before buying, confirm the building's remaining foreign quota.
Typically a 2% transfer fee plus stamp duty or specific business tax and withholding tax, depending on the seller's holding period. These are commonly negotiated between the parties; confirm current figures with a lawyer or the Land Department.
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