What Is The Foreigner 49% Quota, Thai Condominium Act?

There is NO legal way for a foreigner to exceed the 49% quota in a registered condo building.

By Thai law, foreigners can own up to 49% of the saleable area in any condominium building.

• In other words, if a condo has 100,000 sq.m. of saleable units, only 49,000 sq.m. can be owned by non-Thais.
• Once that quota is filled, only Thai citizens or Thai entities can own the remaining 51% of units by area.

This rule only applies to condominiums registered under the Thai Condominium Act.

• Foreigners cannot own land directly, and they also cannot own the majority of units in a building.
• When the foreign quota is full, you (as a foreigner) cannot register ownership of another condo in your own name in that building—even if you have the money and the seller is willing.

What happens if the 49% Quota is full?

• You cannot legally register the condo in your name as a foreigner.
• Some agents or sellers may offer workarounds, but these are legally risky.
• The remaining units must be owned in a Thai citizen’s name or by a Thai company (with strict rules about genuine Thai ownership).

Are there solutions or legal alternatives?

1. Buy in a Different Building

If your preferred building’s foreign quota is full, consider:

Buying in another condo where the quota is not yet reached.

Asking the condo juristic office or Land Office for the exact quota status (don’t just trust the agent).

2. Buy in a Thai Person’s Name

Some foreigners use a trusted Thai spouse, partner, or friend to buy the unit in their name.

Warning: Legally, you have zero ownership rights in this scenario. If the relationship goes wrong or the Thai owner passes away, you could lose everything.

3. Thai Company Structure

Some buyers set up a Thai Limited Company to buy the condo (or landed property).

The company must have majority Thai shareholders, and recent crackdowns have made “nominee” structures risky and, if abused, outright illegal.

This is expensive, complicated, and not recommended for condos, especially with the government watching for abuse.

4. Leasehold (long-term lease)

Not common for condos, but possible: you can lease a condo unit from a Thai owner for up to 30 years (renewable).

You do not own the unit, but you have rights to occupy it under contract.

Note: Most buyers want freehold, not leasehold, for condos. Leasehold condos are rare in Thailand.

Key Takeaway

• There is NO legal way for a foreigner to exceed the 49% quota in a registered condo building.
• The best solution is to buy in a building where the quota isn’t full. Always confirm quota status with the condo juristic office or the Land Office—don’t just trust the agent’s word.
• Avoid risky “workarounds” (like using a Thai nominee or company for a condo), as you may lose all legal protection.

If you want to buy a condo in your own name, your safest bet is to:

1. Ask for quota confirmation (get it in writing) before placing a deposit.
2. Work with a reputable agent and lawyer who understands foreign ownership laws in Thailand.

Reputable agent??? That's us at Thaibricks