Legal & Ownership · Foreign Quota Calculator

Will your condo fit inside the 49% foreign quota?

Thailand caps foreign freehold condo ownership at 49% of a building’s total saleable floor area — not a simple headcount of units. Set the building’s size, what’s already foreign-owned, and your target unit to estimate whether your purchase fits, then read the real rules on funding, alternatives and the 2026 nominee crackdown below.

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Thailand condo foreign ownership (49%) quota calculator

Set the building’s total saleable floor area, the area already foreign-owned, and the unit size you want to buy, to estimate whether your purchase would fit inside the Condominium Act’s 49% foreign-quota cap. The 49% limit is calculated on total saleable floor area, not a simple headcount of units. This is a planning estimate only — always confirm the real, current quota figure with the building’s juristic person / management office before relying on it.

15,000 sqm
6,000 sqm
45 sqm
Likely fits within the 49% foreign quota40.3% of building
49% cap (total saleable area)7,350 sqm
Currently foreign-owned6,000 sqm (40.0%)
Remaining quota before your purchase1,350 sqm
Foreign-owned area after your purchase6,045 sqm (40.3%)
How to read this

Under Thailand’s Condominium Act, foreigners may hold freehold title to units in a registered condominium building, but the combined foreign-owned floor area cannot exceed 49% of the building’s total saleable area — common areas like lobbies, pools and corridors are excluded from that calculation. With the figures above, this building would sit at roughly 40.3% foreign-owned after your purchase, against a cap of 49.0%. If a building’s foreign quota is full, the usual alternatives are a long-term leasehold (commonly up to 30 years, with renewal typically left to agreement rather than guaranteed by law), waiting for a resale from an existing foreign owner, or buying a Thai-quota unit through a majority-Thai-owned company — a structure now under significantly tighter scrutiny after the Department of Business Development’s 2026 nominee-shareholder crackdown, so it should only be used with proper legal advice, never as a workaround to disguise foreign beneficial ownership.

Planning estimate only, from the figures you enter — not legal advice, and not a substitute for the building’s own official foreign-quota confirmation. This tool cannot see any specific building’s real, current quota usage; always verify with the juristic person / management office and your conveyancing lawyer before making an offer. BAANLYY never takes paid placement.

By Kirby Scofield
Founder of BAANLYY · International real estate broker, investor & relocation specialist
01

Why the quota is measured in floor area, not units

The Condominium Act B.E. 2522 (1979) ties the foreign-ownership cap to the building’s total saleable floor area, excluding common areas such as lobbies, corridors, parking and pools. A single large penthouse can therefore consume a much bigger share of the 49% cap than several small studios combined -- which is why the practical, correct way to check eligibility is by square metres, not by asking “how many units are left in the foreign quota.” Developers and juristic persons track this figure continuously as units sell and resell.

02

Always verify the real, current figure before you commit

This calculator is a planning estimate built from figures you enter -- it has no way to see any specific building’s actual, live foreign-quota usage. Before making an offer, ask the building’s juristic person (management office) for written confirmation of the remaining foreign quota, and have your lawyer verify it again immediately before transfer, since the figure can move as other foreign buyers and sellers transact. The Land Office will simply refuse to register a foreign-quota transfer once a building’s 49% cap is full, regardless of what a private calculator estimated.

03

Funding the purchase: FET forms and remittance rules

To register foreign freehold ownership, the purchase funds generally need to arrive from overseas in foreign currency and be received by a Thai commercial bank. For remittances equivalent to USD 50,000 or more, the bank issues a Foreign Exchange Transaction form (an “FET form,” sometimes called Thor Tor 3), which the Land Office requires at the transfer appointment. Smaller remittances typically get a standard bank credit advice or confirmation letter instead. Make sure the transfer reference clearly states it is for a condominium purchase -- banks can decline to issue FET documentation without it.

04

If the quota is full: leasehold, resale, or a company structure

When a building’s foreign quota is exhausted, buyers typically choose between a long-term leasehold (commonly structured up to 30 years, with renewal generally a matter of agreement between the parties rather than a right guaranteed by law), waiting for a foreign-quota resale to come onto the market, or purchasing through a majority-Thai-owned Thai limited company. That last route has come under considerably tighter scrutiny since the Department of Business Development’s 2026 nominee-shareholder crackdown (DBD Orders 2/2568, effective 1 January 2026, and 1/2569, effective 1 April 2026), which requires proof of genuine source-of-funds and signed investment confirmation letters for company incorporations and amendments. Get independent legal advice before using a company structure -- it should reflect a genuine Thai business arrangement, never a disguised foreign nominee purchase.

05

Is the 49% cap about to change?

Not yet, as of mid-2026. The 49% quota has stood unchanged since the Condominium Act took effect in 1979. There is active policy discussion of lowering it -- figures around 30-39% generally, with steeper reductions (around 25%) floated specifically for high-foreign-demand tourist markets such as Phuket, Koh Samui and Pattaya -- but no amendment bill has passed Parliament, and realistic estimates put any change at late 2026 or into 2027 at the earliest. Any reform would be expected to apply to future transactions rather than retroactively affecting existing foreign freehold titles, though buyers weighing a purchase in a near-full-quota building in a high-demand area should factor this policy uncertainty into their timeline.

06

Frequently asked

What is Thailand's 49% foreign condo quota?Under the Condominium Act B.E. 2522 (1979), foreigners can hold freehold title to condominium units, but the combined foreign-owned floor area in any single registered condominium building cannot exceed 49% of that building's total saleable area. The remaining 51%-plus must stay in Thai ownership. This rule has applied unchanged since 1979 and, as of mid-2026, no amendment has passed into law -- though a reduction to roughly 30-39% (with lower caps discussed for high-foreign-demand areas like Phuket, Koh Samui and Pattaya) is under active policy discussion, with any change expected no earlier than late 2026 or 2027, and likely applying only to future transactions, not existing freehold titles.
Is the 49% quota based on the number of units or the floor area?Floor area, not headcount. The quota is calculated on the building's total saleable unit area (excluding common areas like lobbies, corridors and pools), so a small number of very large foreign-owned units can use up a bigger share of the quota than a larger number of small Thai-owned units. This is a common point of confusion for buyers who assume it works unit-by-unit -- the calculator above works on area for this reason.
How do I find out how much foreign quota is left in a specific building?The building's juristic person (the condominium's management/owners' committee office) tracks and can confirm the current foreign-quota usage, and can usually issue a letter confirming quota availability before you commit to a purchase. Your conveyancing lawyer or a licensed agent will typically request this confirmation, and the Land Office will not register a foreign-quota transfer if the building's 49% cap is already full.
What happens if a building's foreign quota is already full?You cannot register that specific unit as freehold foreign-quota ownership. The usual alternatives are: a long-term leasehold (commonly structured for up to 30 years, with renewal typically a matter of agreement rather than a legal guarantee); waiting for an existing foreign-quota unit to come up for resale; or purchasing through a majority-Thai-owned Thai company, a structure that has come under significantly tighter Department of Business Development (DBD) scrutiny following its 2026 nominee-shareholder crackdown (DBD Orders 2/2568 and 1/2569), which now requires proof of genuine source-of-funds and signed investment confirmation letters -- always get independent legal advice before using a company structure, and never as a way to disguise foreign beneficial ownership of what is really a foreign-quota purchase.
What documents prove my funds for a foreign-quota condo purchase?Funds must be remitted from overseas in foreign currency and received by a Thai commercial bank. For remittances equivalent to USD 50,000 or more, the receiving bank issues a Foreign Exchange Transaction form (commonly called an FET form or Thor Tor 3), which the Land Office requires at transfer alongside your passport and the sale-and-purchase agreement. For amounts below that threshold, banks typically issue a standard credit advice or confirmation letter instead. The transfer's stated purpose should clearly reference the condominium purchase, or banks may decline to issue the FET documentation.
Could the 49% quota rule change soon?Possibly, but not yet. As of mid-2026 the 49% cap remains exactly as written in the 1979 Condominium Act. Thai policymakers have discussed lowering it -- proposals mention roughly 30-39% generally, with steeper cuts (around 25%) floated for high-foreign-demand tourist markets -- but no bill has passed Parliament, and the realistic timeline discussed is late 2026 into 2027 at the earliest. Any change would be expected to apply to new transactions going forward, not retroactively strip existing foreign freehold owners of their titles. Treat this as a rule to monitor, not a current fact to plan around.
Sources & References

Sources & References

Thailand foreign-ownership rules involve statute, Land Office practice and evolving policy discussion -- this page reflects publicly available guidance as of mid-2026 and is not a substitute for independent legal advice on a specific transaction.

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General information and a self-input estimating tool only — not legal, tax or financial advice. The 49% foreign-quota rule reflects the Condominium Act B.E. 2522 (1979) as of mid-2026; policy discussion of lowering the cap is ongoing but not yet law. Results reflect the figures you enter, not any specific building’s real, current quota usage. Always confirm with the building’s juristic person and a qualified Thai property lawyer before relying on this. BAANLYY never takes paid placement.