Thailand Condominium Act Foreign Ownership: The 49% Rule Explained Properly

Thailand Condominium Act Foreign Ownership: The 49% Rule, Explained Properly

A foreigner can own a condominium unit in Thailand outright, in freehold, in their own name. The catch is a single number: 49 percent. Under the Condominium Act B.E. 2522 (1979), foreigners can collectively own no more than 49 percent of the total floor area of all units in any one condominium building. The remaining 51 percent must stay in Thai hands. This is the rule that governs almost every foreign property purchase in Thailand, and it is widely misquoted, so here is exactly how it works.

What Section 19 bis actually says

The relevant provision is Section 19 bis of the Condominium Act. It states that aliens and foreign juristic persons qualified under Section 19 may hold units provided that the aggregate floor area of units owned by foreigners does not exceed 49 percent of the total floor area of all units in that condominium at the time of registration. Two things follow from the exact wording that buyers often get wrong.

First, the quota is measured by floor area, not by number of units. A building with a hundred units does not simply cap out at forty-nine foreign owners. It caps when foreign-owned units reach 49 percent of the total saleable floor space, which can be a very different count if unit sizes vary.

Second, the test is applied at the time of registration of ownership. When you buy, the Land Office checks whether registering your unit to a foreigner would push the building past 49 percent. If the foreign quota in that specific building is already full, you cannot register the unit in your name as a foreigner, no matter what the seller promised. This is why the phrase to ask any agent is simple: is this unit in the foreign quota or the Thai quota?

Companies in Thailand with the most evidence on file

Ranked by BektuScore, which measures how much a buyer can verify about a company from public records. It does not rate build quality or returns.

See all companies in Thailand

The money has to come from abroad

Owning within the quota is not enough on its own. To register foreign freehold ownership, you generally must show that the purchase funds were brought into Thailand from overseas in foreign currency and converted to baht. The bank issues a Foreign Exchange Transaction form (FET), formerly called the Tor Tor 3, for inbound transfers at or above the relevant threshold, and the Land Office requires this evidence at registration for units bought in the foreign quota. Fund the purchase from money already sitting inside Thailand and you can find yourself unable to register the unit as a foreigner, even with quota available. Move the money correctly and keep the paperwork.

Land is a different, firmer no

The Condominium Act is generous by regional standards precisely because it is narrow. It applies to condominium units, not land. A foreigner cannot own land in Thailand under general law. That is why the 49 percent condo route exists at all, it is the one clean freehold path open to foreigners. The common alternatives for houses and villas, such as long leasehold structures or Thai company ownership, carry more risk and, in the case of nominee companies set up purely to hold land for a foreigner, can be illegal. If someone offers you freehold land as a foreigner, treat it as a warning sign.

Will the 49 percent limit change?

There has been persistent talk of raising the foreign condo quota from 49 percent to as high as 75 percent, and of allowing 99-year leases, particularly in tourist and special economic zones. As of 2026 none of this is law. The proposals have been discussed at cabinet level and reviewed by economic agencies, but no bill raising the quota has passed the National Assembly, and the 49 percent cap remains fully in force. We track the current status in detail in our guide to Thailand's 99-year lease and 75% condo quota proposals. Plan around the law as it stands, not the headline of a proposal that may never pass.

Verify the developer before the quota traps you

The 49 percent rule interacts with delivery risk in a way that hurts off-plan buyers specifically. You reserve a unit in the foreign quota, pay through the build, and only at completion does the developer register ownership. If the project is delayed, restructured, or the developer mismanages the quota allocation across buyers, you can end up unable to register the unit you paid for. That makes the developer's track record central, not incidental. Confirm in writing that your specific unit is allocated to the foreign quota, and check the developer's delivery history before you pay a deposit. Bektu (https://bektu.com) is built for exactly that check. If you are comparing builders, our ranking of the top property developers in Thailand is a useful starting point.

The rule is clean once you see it plainly: freehold condos for foreigners up to 49 percent of a building's floor area, funds remitted from abroad and documented, and no land. Everything else marketed to you as ownership deserves a second look.

Sources

- Condominium Act B.E. 2522, Ownership Sections 19 bis (Thailand Law Library, Siam Legal)

- Thailand Condo Foreign Quota: the 49% Rule Explained (Terms.law)

- Legal Aspects of Buying and Owning Condos in Thailand (Samui for Sale)

- Thailand Considers Allowing 75% Foreign Ownership of Condos (Thailand Elite Visas)

Ask Bektu

Still have a question about buying in Thailand?

Answers come from the records on file, with links to every source.

Before you commit

Considering a developer you read about here?

You cannot walk the land from another country. But you can verify the developer. Bektu contacts them on your behalf and sends you a scored report. They never see who asked.

Search and verify any developer

Stay a step ahead of the wire transfer

Get the occasional note from Bektu on verifying developers before you commit. No noise, just what matters.

We will never share your email. You can opt out at any time.

Thailand Condominium Act Foreign Ownership: The 49% Rule Explained Properly