Thailand is a popular destination for property investment, especially for foreigners interested in buying a condominium. However, many first-time buyers are surprised to learn about the “49% foreign quota rule” — a key regulation that affects ownership rights in every condo building across Thailand.
Let’s break it down in a simple and easy-to-understand format.
📘 What Is the 49% Foreign Quota Rule?
Under Thailand’s Condominium Act (1979), foreign individuals can own a condo unit only if total foreign ownership in that building does not exceed 49% of the building’s total saleable area.
📊 Example:
If a condominium project has 100 units totaling 10,000 sq.m. of saleable area:
- Foreigners can own up to: 4,900 sq.m. (49%)
- Thais must own at least: 5,100 sq.m. (51%)
Once the 49% foreign quota is reached, no more units can be sold freehold to foreigners in that project.
📋 Summary Table: Thai Condo Foreign Ownership Rules
| Item | Details |
|---|---|
| Legal Basis | Condominium Act B.E. 2522 (1979) |
| Ownership Type | Freehold (with title deed) |
| Maximum Foreign Ownership | 49% of the total saleable area of the condo building |
| Ownership of Land | Not allowed (foreigners can own units, not land underneath) |
| Payment Requirement | Funds must be transferred in foreign currency from abroad |
| Proof Required | Foreign Exchange Transaction Form (FET), passport, and sales agreement |
📈 Why Does This Rule Exist?
The 49% rule is designed to:
- ✅ Protect national land interests
- ✅ Ensure Thai citizens retain majority ownership
- ✅ Control foreign influence in Thai property markets
📌 What Happens If the 49% Quota Is Full?
If you’re a foreigner and the foreign quota is already fully occupied:
- ❌ You cannot buy the unit under freehold
- ✅ You may consider a leasehold option (typically up to 30 years)
🔍 Tip: Always check the foreign quota status with the building’s juristic office or developer before signing a contract.
📊 Suggested Infographic: “How the 49% Quota Works in a Condo”
Infographic Title: “Thai Condo Ownership – 49% Foreign Quota Explained”
Graphic Blocks:
- Total building area = 100%
- Thai nationals = 🟩 51%
- Foreign nationals = 🟥 49%
- Illustration of a condo building:
- 100 total units → 49 can be foreign-owned
- 51 must be Thai-owned
- Warning Sign: “Quota Full? → Leasehold Only Available”
(You can use Canva, Piktochart, or similar tools to create this layout.)
🧠 Final Reminders for Foreign Buyers
- 💬 Confirm quota availability with the condo developer or juristic office.
- 💼 Work with a real estate lawyer to conduct due diligence.
- 💸 Ensure funds come from overseas in foreign currency to be eligible for ownership.
- 🧾 Collect your FET form (Foreign Exchange Transaction) from the receiving Thai bank — this will be required at the Land Office.
🏁 Conclusion
The 49% foreign quota rule is a central part of Thailand’s condominium laws. While it does place some limits, it still allows foreigners to fully own condos in Thailand, legally and securely — as long as they follow the right steps.
Understanding this rule early in your buying journey helps avoid complications and ensures a smooth transaction.
