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Thailand Property Law 2026
A condominium is the only form of true freehold property a foreigner can own in Thailand. Here is everything you need to know before you sign anything.
A condominium unit is the only form of direct freehold ownership available to foreign nationals in Thailand. Unlike land, houses and villas — which foreigners cannot own outright — a registered condo unit is a legally distinct property right under the Thailand Condominium Act B.E. 2522. Buying one correctly gives you genuine, registered, enforceable ownership. Buying incorrectly can leave you with far less legal protection than you were led to believe.
Never Use the Developer's Lawyer
The lawyer recommended by the developer works for the developer. Their job is to complete the transaction — not to protect you. This is the most common and most costly mistake foreign buyers make in Thailand. Always appoint your own independent Thai lawyer before paying any deposit.
Under Section 19 of the Condominium Act, foreign nationals may collectively own no more than 49% of the total usable floor area of any registered condominium building. The cap applies to floor area — not number of units — so a small number of large foreign-owned units can fill the quota quickly.
Before signing any booking agreement or paying any deposit, verify in writing from the condominium juristic person that the foreign quota has not been reached. If the quota is full, you cannot buy that unit as freehold property. You may be offered a leasehold unit instead — which is a fundamentally different and significantly weaker form of ownership.
When the foreign quota is full, some developers offer leasehold units as an alternative. A 30-year leasehold is not ownership. It does not appear on the title deed as your property. It cannot be used as collateral by most banks. At the end of 30 years you have no guaranteed right of renewal. These are not equivalent options.
Some foreign buyers purchase units under the Thai quota using a Thai spouse, a Thai company with nominee shareholders, or a Thai national acting on their behalf. The Thai spouse arrangement creates real legal exposure in divorce or death. The nominee company route is now actively prosecuted. Take independent legal advice before considering either route.
To register freehold ownership of a condominium unit, the purchase funds must originate from overseas and be correctly documented on arrival. This is a hard legal requirement. Get it wrong and the Land Office will refuse to register the transfer in your name.
Funds must be transferred from a bank account outside Thailand in foreign currency — not from a Thai bank account.
The receiving Thai bank must convert the currency and issue a Foreign Exchange Transaction (FET) Form recording the conversion.
The FET Form must cover the full purchase price. Partial or multiple smaller transfers create complications at registration.
Instruct your bank to note 'For purchase of condominium unit'. The Thai receiving bank needs this for the FET Form.
Read This Before Renting Your Condo
Thailand's Hotel Act B.E. 2547 prohibits short-term rental of residential properties — including condominiums — to guests staying less than 30 consecutive days without a hotel licence. Many expat condo owners operate Airbnb and short-term rental businesses in clear violation of this legislation. Enforcement is increasing, particularly in Phuket and Koh Samui. The penalty is a fine of up to 20,000 THB per offence. Condominium bylaws may impose additional restrictions.
Renting your unit on a lease of 30 consecutive days or more is legal and commonplace. Month-to-month and annual contracts are both acceptable. This is how the majority of expat condo owners in Thailand generate rental income.
Renting your unit for less than 30 consecutive days through Airbnb, Agoda, Booking.com or directly requires a hotel licence. Most individual owners do not hold one. Take independent legal advice on the current enforcement position in your specific area before listing.
Before viewing properties, engage an independent Thai lawyer. Do not use the developer's recommended lawyer. Lawyers for Expats Thailand is THAIBK's vetted legal partner and acts exclusively for the buyer.
Instruct your lawyer to obtain written confirmation from the juristic person that the foreign ownership quota has not been reached for that specific building.
Your lawyer must obtain and review the Chanote (full title deed). Confirm the unit is registered as a condominium unit, not a land plot. Confirm no encumbrances exist.
Transfer the purchase funds from your home country bank. Request the FET Form from the receiving Thai bank immediately on arrival of funds.
Have your lawyer review the full contract before signing. Check transfer fee allocation, default penalties, completion timeline and title transfer conditions.
Both buyer and seller must attend the Land Department in person. Bring your passport, FET Form and all documents your lawyer specifies. Transfer fees: 2% assessed value plus 0.5% stamp duty, or 3.3% specific business tax for new units.
THAIBK Legal Partner
English and Thai speaking lawyers with experience in foreign property transactions, leasehold arrangements and due diligence across eight locations in Thailand.
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THAIBK Legal Guide 2026. This guide does not constitute legal advice. Always obtain independent qualified legal advice before any property transaction in Thailand.