How the 49% foreign quota under the Condominium Act is counted, how it is checked at the Land Office, why the FET form matters and what a chanote has to do with condos.
A foreigner can own a condominium unit in Thailand outright, in their own name, and this is the only mainstream route to freehold property for a non-Thai buyer. It works because of a quota. If you are searching for how much of a building foreigners can own, how the quota is checked and what happens when it is used up, this article explains it in plain terms. It is informational and not legal or tax advice, and the details should be confirmed with an independent Thai lawyer before you pay a deposit.
What the 49% quota is
The Condominium Act of 1979 (B.E. 2522) allows foreigners to hold title to units in a registered condominium, but only up to 49% of the total saleable floor area of all units in the building. The other 51% or more must be held by Thai nationals or Thai juristic persons. Section 19 of the Act sets out who qualifies as a foreign owner; in practice, the route most buyers use is bringing the purchase money into Thailand from abroad in foreign currency.
Two points surprise buyers.
- The quota is counted by area, not by the number of units. A building in which foreigners own fewer than half of the flats can still have no quota left if the larger units are foreign-owned.
- The quota is per building, not per developer or per project phase. A project with several buildings or a registered phase may have a separate count for each. Ask which registered building your unit belongs to.
How the quota is checked
The check is documentary, and it happens twice.
- Before you pay. Ask the juristic person (the building's management entity) or the developer's sales office for written confirmation of the foreign share and whether your unit can still be registered as foreign freehold. Treat a verbal "yes, there is quota" as no answer.
- At transfer. The Land Office registering the unit relies on a certificate from the juristic person, which has to be current on the day of transfer, together with the foreign-currency evidence described below. Summaries by Thai law firms describe this as a routine step that is nevertheless a common cause of delays when the building lists its quota late.
Off-plan projects add a wrinkle: until the building is registered as a condominium, there is no registered count, and the developer may reserve foreign units on a first-come basis. Get the foreign allocation in writing in the reservation agreement. For payment protections on new builds see buying off-plan in Thailand.
Proof that the money came from abroad: the FET form
The Land Office will not register a unit in a foreigner's name without evidence that the purchase price was brought in from abroad in foreign currency. The document commonly called the Tor Tor 3 is now usually called the FET (Foreign Exchange Transaction form). Your Thai bank prepares it when the money arrives.
- The transfer should be in a foreign currency, into a Thai bank account in the buyer's name, for at least the purchase price, and be described as the purchase of a condominium.
- Thai law-firm and agent summaries report that the bank issues the FET automatically for an inbound transfer of USD 50,000 or more (or the equivalent). Below that, you collect the credit advice and a bank confirmation letter instead. Ask the bank in advance which currencies and documents it accepts.
- The mistakes that damage deals: money arriving in baht, from a third party's account, or labelled a gift or a loan. These are hard to repair after the fact. Our Poland-side guide on sending money abroad for a property purchase covers the sending bank's questions.
Title deeds: condo deed versus chanote
A condo unit has its own title deed (commonly called Or Chor 2), showing the unit number, floor, area and share of the common property. A chanote is the full, surveyed title for land, and it is what you look for if the purchase includes a land plot, which a foreigner cannot generally own. Do not accept a document that "looks like a chanote" without a land-register check by your lawyer. The checks that matter for a condo: the unit area and number against the contract, no mortgage or lien on the deed, and the building's registration. The full checklist is in our due diligence guide.
What if the quota is used up
If the foreign quota in a building is exhausted, you cannot register that unit as foreign freehold. The lawful alternatives are a registered lease of the unit, or a different building. A structure that puts the unit in a Thai person's or company's name to get around the quota is the area authorities are now pursuing; see Thailand tightens enforcement against nominee land ownership. We do not advise on such structures.
For Russian-speaking buyers living in the EU
- Documents. A valid passport is the core. If someone signs for you under a power of attorney, expect it to need notarisation, apostille and a Thai translation. Keep the originals of every sale document; you will need them for resale.
- Banks. Opening a Thai account as a non-resident can be easier at some banks than at others and may require a visa or proof of address, so ask early. The funds should come from your own account in your own name at a bank in your country of residence.
- Source of funds. Your sending bank, and the Thai bank, may ask for documents showing where the money came from: salary, sale of a property, savings history. Prepare them in advance and answer questions fully. We help only with fully transparent, lawfully sourced transactions.
- Visas. Buying a condo does not give residency. See visa options for property buyers.
FAQ
Can a foreigner own 100% of a building? No. Foreign ownership of units is capped at 49% of the saleable area of each registered building.
Is the 49% quota counted by units? No. It is counted by area, so a few large units can use it up.
What is the difference between a Tor Tor 3 and a FET? Reports say they are the same document, the older name being Tor Tor 3. Ask your bank to issue the FET.
Do I need the FET if I pay from a Thai baht account? Summaries say no: the rule is that the money comes from abroad in foreign currency. Pay from a baht account and you may not be able to register the unit in your name.
Does owning a condo give me the right to live in Thailand? No. Ownership and immigration status are separate.
How we help
We are a trilingual platform that finds properties in Thailand and coordinates independent local lawyers and tax advisers for the checks above. Browse listings in Thailand and use our calculators to model costs. This article is informational and is not legal, tax or investment advice; rules change, so verify current requirements with the Thai Land Department (dol.go.th) and your lawyer.