Can a Foreign Buyer Purchase a Foreign-Freehold Condo From Another Foreigner in Thailand?

Concise answer

Yes. A foreign buyer can purchase a Thai condominium unit directly from another foreign owner and register it in the new buyer’s name as foreign freehold, provided the new buyer independently satisfies Thailand’s foreign-condominium ownership requirements.

The seller’s qualification does not automatically transfer to the buyer.

The new foreign buyer must generally establish:

• Personal eligibility under Section 19 of the Condominium Act
• Availability within the building’s 49% foreign-ownership quota
• Acceptable evidence of qualifying foreign funds or another statutory qualification
• Correct identity and passport documentation
• Debt-free certificate from the condominium juristic person
• Foreign-ownership-ratio certificate
• Valid condominium unit title
• Compliance with Land Office transfer requirements

Because one foreign owner is transferring to another foreign owner, the transaction will normally replace one foreign-owned area with another rather than increase the building’s total foreign-owned floor area. However, the condominium juristic person and Land Office must still verify the quota at transfer.

The buyer cannot normally rely on the foreign seller’s original Foreign Exchange Transaction documentation. The new buyer must produce evidence supporting the new buyer’s own qualification.

Payment directly from the buyer’s overseas account to the seller’s overseas account may create a serious documentation problem because the buyer may be unable to prove that qualifying foreign currency was brought into Thailand for the purchase.

The payment route should therefore be approved by the buyer’s Thai lawyer and receiving bank before funds are sent.

Detailed explanation

1. Foreigners may own qualifying condominium units

Thailand generally restricts foreign ownership of land, but the Condominium Act provides a statutory route for qualifying foreign persons and foreign entities to own condominium units.

A properly registered foreign-freehold condominium owner may hold:

• Ownership of the private unit
• Undivided interest in common property
• Voting rights under the Condominium Act and regulations
• Right to sell
• Right to mortgage
• Right to lease
• Right to inherit or bequeath, subject to applicable law
• Right to use common facilities under the project regulations

This is materially different from holding a lease over a condominium unit.

2. Foreign freehold is not limited to developer sales

A foreign buyer may acquire a qualifying condominium unit from:

• Developer
• Thai individual
• Foreign individual
• Thai company
• Foreign company
• Estate
• Bank
• Auction purchaser
• Another lawful owner

The seller’s nationality does not, by itself, determine whether the new buyer qualifies.

The transaction must satisfy the requirements applicable at the time the new ownership is registered.

3. The foreign seller’s ownership does not automatically pass through

The foreign seller may have qualified years earlier because the seller:

• Remitted foreign currency
• Held permanent-resident status
• Qualified under investment-promotion law
• Qualified through a foreign juristic-person category
• Used another statutory route

Those qualifications belong to the seller’s original acquisition.

The new buyer must establish the new buyer’s own entitlement under Section 19.

The foreign buyer should not assume:

“The unit is already foreign freehold, so no new foreign-funds evidence is required.”

That assumption can cause the transfer to fail.

4. The 49% quota still applies

Section 19/2 generally limits foreign ownership to no more than 49% of the total floor area of all units in the registered condominium.

The calculation is based on:

• Floor area, not number of units
• Registered condominium building
• Ownership recorded at the relevant time

For example:

Even where the net effect is neutral, formal certification is still required.

5. “Foreign-quota unit” is useful shorthand, not a transferable personal exemption

Agents commonly describe a resale as:

• Foreign quota
• Foreign freehold
• FQ
• Foreigner-owned unit

This normally indicates that the current owner is registered as a foreign owner and the unit’s floor area is presently counted within the foreign quota.

It does not mean:

• Any foreigner can automatically acquire it
• Buyer does not need qualifying documents
• Buyer can use domestic cash without explanation
• Buyer can pay entirely offshore
• Quota certification is unnecessary
• Ownership transfers without Land Office registration

The unit remains subject to the Condominium Act at every transfer.

6. The condominium juristic person must confirm the quota

For the transfer, the condominium juristic person normally issues a certificate confirming the proportion of the building’s area currently owned by foreigners.

The certificate should identify:

• Condominium
• Unit
• Owner
• Unit area
• Existing foreign-ownership ratio
• Effect of proposed transfer
• Date of certification
• Juristic-person authority

The Land Office uses the certificate as part of the foreign-ownership review.

The buyer should not rely only on:

• Agent’s statement
• Seller’s title
• Old quota certificate
• Sales brochure
• Management email
• Percentage shown in a developer spreadsheet

A current certificate should be prepared for the actual transfer.

7. The juristic person’s records should match the Land Office

The buyer should check consistency among:

• Condominium unit title
• Juristic-person owner register
• Foreign-quota records
• Seller’s passport
• Seller’s current name
• Unit number
• Unit area
• Common-property ratio
• Building identification

Discrepancies may arise because of:

• Name changes
• Passport renewal
• Transliteration differences
• Company restructuring
• Inheritance
• Marriage
• Previous unrecorded amendments
• Clerical errors

These should be corrected before the scheduled transfer date.

8. The new foreign buyer must qualify under Section 19

Section 19 identifies categories of foreigners and foreign juristic persons that may own qualifying condominium units.

The commonly used route is Section 19(5), involving acceptable evidence that the purchaser:

• Brought foreign currency into Thailand, or
• Withdrew qualifying funds from a foreign-currency account, or
• Withdrew funds from a qualifying non-resident baht account

Other statutory qualification routes may involve:

• Permanent residence
• Investment-promotion status
• Qualifying Thai-registered foreign juristic person
• BOI-promoted foreign juristic person

The buyer should confirm the appropriate category before signing.

9. Most foreign buyers use the foreign-currency route

For a typical international purchaser without permanent residence or special investment status, the practical route is commonly:

1. Buyer sends foreign currency from overseas.
2. Funds enter Thailand through an authorised financial institution.
3. Thai bank records the transaction and purpose.
4. Funds are converted or credited according to banking arrangements.
5. Bank issues acceptable foreign-exchange evidence.
6. Buyer presents that evidence at the Land Office.
7. Buyer pays seller according to the agreed completion mechanics.
8. Land Office registers the unit in the buyer’s name.

The exact bank documents and process should be confirmed before remittance.

10. The buyer should remit foreign currency—not simply Thai baht

The purpose of the standard route is to evidence foreign currency entering Thailand.

A buyer should not assume that sending Thai baht from an overseas service or conversion platform will produce acceptable evidence.

Potential problems include:

• Funds arrive as domestic baht
• Sending bank is not clearly identified
• Buyer’s name is missing
• Intermediary is shown as sender
• Purpose is unclear
• Currency conversion occurred outside Thailand
• Thai bank cannot issue the required evidence
• Payment cannot be linked to the condominium

The buyer should obtain written instructions from the receiving Thai bank before sending money.

11. The buyer’s name should match the transfer documents

The remittance record should normally be consistent with:

• Buyer’s passport
• Sale and purchase agreement
• Condominium title application
• Land Office transfer
• Bank account
• Cashier’s cheque
• Foreign-exchange evidence

Potential problems include:

• Nickname used instead of legal name
• Missing middle name
• Different transliteration
• Spouse sends funds but only other spouse purchases
• Company sends funds for individual buyer
• Parent sends funds for adult child
• Trust sends funds for beneficiary
• Joint buyers remit separately without clear allocation

The buyer’s lawyer and bank should approve any third-party funding arrangement in advance.

12. The payment purpose should identify the condominium purchase

The payment instruction should state an appropriate purpose, such as purchasing a condominium unit in Thailand.

Where possible, it should identify:

• Buyer
• Condominium
• Unit number
• Purchase purpose
• Seller or developer
• Contract reference

The bank’s preferred wording should be followed.

A vague description such as:

• Personal transfer
• Living expenses
• Investment
• Family support
• Savings
• Loan repayment

may create unnecessary Land Office questions.

13. The foreign-exchange evidence must cover the required amount

Under the commonly used Section 19(5) route, the buyer should have acceptable evidence covering an amount not less than the purchase price required for the condominium acquisition.

The buyer should account for:

• Purchase price
• Currency movement
• Bank fees
• Intermediary deductions
• Exchange-rate changes
• Deposit already paid
• Furniture price
• Separate parking rights
• Declared Land Office consideration

If the remitted amount arrives short because of fees or exchange-rate movement, the buyer may need an additional remittance.

A practical safety margin may be sensible, subject to banking and tax advice.

14. Furniture and unit price should be separated carefully

A resale contract may divide the price among:

• Condominium unit
• Furniture
• Appliances
• Renovations
• Parking
• Rental business
• Deposits
• Management rights

The Land Office and bank documentation should clearly establish the amount paid for the condominium unit itself.

Artificially allocating an excessive amount to furniture to reduce the declared property value may create:

• Tax risk
• Transfer disputes
• Inadequate foreign-funds evidence
• Insurance problems
• Resale complications
• Misrepresentation

The allocation should be commercially reasonable and legally reviewed.

15. The seller’s original FET document cannot normally be reused by the buyer

The seller’s original foreign-exchange evidence supported the seller’s acquisition.

It may remain important for:

• Seller’s records
• Seller’s tax and banking history
• Repatriation of sale proceeds
• Proof of original investment

It does not usually establish that the new buyer has personally brought qualifying funds into Thailand.

The buyer should obtain new evidence linked to the new acquisition.

16. An offshore buyer-to-seller payment may be dangerous

A foreign seller may ask the foreign buyer to pay the purchase price into the seller’s overseas bank account.

This might appear convenient because both parties are foreign.

However, if no qualifying foreign currency enters Thailand for the buyer’s purchase, the buyer may be unable to satisfy the standard Section 19(5) requirement.

Potential consequence:

• Buyer pays seller abroad
• Seller receives purchase price
• Buyer attends Phuket Land Office
• Buyer cannot present acceptable foreign-funds evidence
• Transfer cannot be registered as intended

No substantial offshore payment should be made until the buyer’s independent lawyer, Thai bank and relevant Land Office have confirmed the structure.

17. The seller’s desire to repatriate proceeds should be handled separately

The foreign seller may wish to send sale proceeds out of Thailand.

The buyer’s ownership qualification and the seller’s repatriation process are separate issues.

A properly coordinated transaction may involve:

• Buyer remitting qualifying foreign currency into Thailand
• Thai bank issuing buyer’s documentation
• Buyer paying seller through agreed Thai completion mechanics
• Seller completing Land Office transfer
• Seller paying applicable taxes and fees
• Seller presenting sale and original investment documents to the bank
• Seller remitting permitted proceeds overseas

The seller’s preference for offshore receipt should not compromise the buyer’s ability to register ownership.

18. A Thai cashier’s cheque is commonly used at completion

For a resale condominium, the buyer may arrange for the Thai bank to issue a cashier’s cheque payable to the seller.

The parties may complete through:

1. Final title and document check
2. Issuance of cashier’s cheque
3. Presentation of foreign-exchange evidence
4. Land Office transfer
5. Payment of taxes and fees
6. Delivery of title and keys
7. Handover of possession

The cheque details should match:

• Seller’s legal name
• Agreed price
• Contract
• Land Office completion statement

The buyer should avoid releasing the payment before confirming that registration can complete.

19. Deposits must also be documented

The buyer may already have paid:

• Reservation deposit
• Contract deposit
• Lawyer’s escrow deposit
• Direct payment to seller
• Agent-held deposit

The buyer should preserve:

• Receipt
• Bank transfer
• Contract reference
• Currency
• Sender and recipient
• Refund conditions
• Treatment at completion

If the deposit was paid from within Thailand, the lawyer and bank should confirm how the total qualifying foreign-funds evidence will be presented.

The buyer should not assume that a small early payment is irrelevant.

20. Domestic Thai income may not satisfy the ordinary foreign-funds route

A foreign resident may earn income in Thailand and hold sufficient baht locally.

That does not automatically satisfy Section 19(5).

The buyer should establish whether they qualify through:

• Permanent-resident category
• BOI or investment category
• Foreign-currency remittance
• Foreign-currency account withdrawal
• Non-resident baht account withdrawal
• Another lawful category

The source and legal route should be confirmed before the contract becomes unconditional.

21. Cryptocurrency creates additional documentation issues

A seller may agree to accept cryptocurrency.

The foreign buyer must still satisfy:

• Condominium Act
• Foreign-exchange evidence
• Banking compliance
• Anti-money-laundering checks
• Tax reporting
• Land Office payment evidence
• Declared purchase price
• Source-of-funds requirements

A direct wallet-to-wallet transfer may not provide the bank documentation required under the standard foreign-currency route.

If cryptocurrency is involved, the transaction should be structured through qualified Thai legal, banking and tax advisers before any transfer.

22. Joint foreign buyers must structure funds carefully

Two foreigners may purchase the unit jointly, subject to legal and Land Office requirements.

The documents should establish:

• Ownership percentages
• Amount contributed by each buyer
• Foreign-funds evidence for each contribution
• Passport details
• Survivorship or inheritance planning
• Signing authority
• Resale decision-making
• Mortgage obligations
• Common-fee responsibility

The buyers should not assume that one person’s remittance automatically qualifies both owners.

The Thai bank and Land Office should confirm the required evidence.

23. A foreign spouse and Thai spouse require careful ownership instructions

A married couple may choose:

• Foreign buyer alone
• Thai spouse alone
• Joint ownership where legally permitted
• Different ownership percentages

The consequences differ for:

• Foreign quota
• Foreign-funds evidence
• Marital property
• Inheritance
• Divorce
• Resale
• Land Office declarations

The parties should not decide the final registered ownership only after arriving at the Land Office.

24. A foreign company must qualify independently

A foreign-controlled or foreign juristic person may potentially own a qualifying condominium under one of the categories in Section 19.

The company may need to provide:

• Certificate of incorporation
• Constitutional documents
• Directors
• Signing authority
• Shareholder records
• Corporate resolutions
• Foreign-business or BOI documents where applicable
• Foreign-funds evidence
• Beneficial-owner information
• Thai translations
• Tax information

Purchasing through a foreign company is not automatically simpler than personal ownership.

The buyer should consider:

• Succession
• Corporate maintenance
• Taxation
• Sale of shares versus unit
• Banking
• Beneficial ownership
• Jurisdictional reporting

25. The unit title must be checked

The buyer’s lawyer should examine the original condominium unit title for:

• Registered owner
• Unit number
• Floor
• Area
• Common-property ratio
• Mortgages
• Court attachments
• Leases
• Usufructs
• Other encumbrances
• Previous transfers
• Name consistency

The buyer should verify that the physical unit inspected matches the title.

Changes involving:

• Combined units
• Divided units
• Enclosed balconies
• Storage rooms
• Parking
• Altered floor plans

require careful review.

26. A foreign-owned unit may still be mortgaged

The foreign seller may have financed the unit through:

• Thai bank
• Overseas lender
• Private lender
• Developer finance

If a mortgage is registered, completion may require:

• Outstanding-balance confirmation
• Lender attendance
• Mortgage discharge
• Allocation of purchase funds
• Simultaneous discharge and transfer
• Release of title
• Cancellation of insurance assignment

The buyer should not pay the seller directly without understanding how the mortgage will be discharged.

27. The juristic person must issue a debt-free certificate

A condominium transfer generally requires certification regarding common-area liabilities.

The buyer should confirm:

• Common fees paid
• Sinking-fund obligations
• Special assessments
• Utility balances
• Late-payment penalties
• Legal claims
• Renovation charges
• Damage to common property
• Access-card charges

The sale agreement should state who pays liabilities arising before and after transfer.

A management receipt is not necessarily a substitute for the required debt-free certificate.

28. Special assessments should be disclosed

The unit may be current on ordinary common fees while a substantial special assessment has been approved for:

• Façade repairs
• Roof replacement
• Elevators
• Swimming pool
• Fire system
• Structural work
• Waterproofing
• Energy upgrades
• Major litigation

The contract should allocate responsibility according to:

• Approval date
• Payment due date
• Transfer date
• Instalment schedule

A debt-free certificate may not disclose every future approved expense.

29. The buyer should review condominium regulations

Foreign-freehold ownership does not remove the owner’s obligations under:

• Condominium Act
• Registered regulations
• Juristic-person resolutions
• House rules
• Renovation procedures
• Rental rules
• Pet restrictions
• Parking rules
• Common-area rules

The buyer should obtain:

• Regulations
• Recent meeting minutes
• Budgets
• Audited accounts
• Insurance
• Maintenance history
• Litigation information
• Rental policies

Legal ownership does not guarantee unrestricted use.

30. Short-term rental rights should not be assumed

The fact that a foreign seller previously rented the unit through online platforms does not prove that the activity was lawful.

The buyer should investigate:

• Hotel licence
• Condominium regulations
• Juristic-person policy
• Minimum rental period
• Building use approval
• Rental-management agreement
• Tax obligations
• Guest-registration requirements
• Insurance restrictions

Foreign-freehold ownership is not an automatic short-term-rental licence.

31. Existing tenants must be addressed

The unit may be:

• Vacant
• Owner-occupied
• Long-term rented
• Subject to a management program
• Occupied by a guest
• Used by the seller’s family

The contract should specify:

• Vacant possession
• Tenant information
• Lease transfer
• Security deposit
• Rent apportionment
• Inventory
• Keys
• Damage
• Notice requirements
• Existing disputes

The buyer should not assume that title transfer automatically provides immediate physical possession.

32. The furniture and inventory should be recorded

The sale may include:

• Furniture
• Appliances
• Artwork
• Kitchen equipment
• Curtains
• Electronics
• Outdoor furniture
• Storage contents
• Parking accessories
• Rental supplies

A signed inventory should identify:

• Included items
• Excluded items
• Condition
• Ownership
• Warranty
• Delivery date
• Replacement obligations

Furniture ownership is separate from condominium-unit title.

33. Transfer taxes and fees should be agreed in writing

Potential transfer costs may include:

• Transfer fee
• Seller’s withholding tax
• Specific business tax where applicable
• Stamp duty where applicable
• Mortgage discharge fee
• Lawyer fees
• Juristic-person document charges
• Agency fees
• Bank fees
• Power-of-attorney costs
• Translation and certification

The sale agreement should identify:

• Which party pays each cost
• Whether costs are shared
• Calculation basis
• Treatment if official assessment differs
• Maximum buyer exposure
• Consequence if seller cannot complete

Informal statements that costs are “50/50” are not sufficiently precise unless the individual items are defined.

34. The seller’s tax residence and nationality do not eliminate Thai transfer taxes

A foreign seller may remain liable for Thai taxes and charges arising from the sale.

The calculation may depend on:

• Seller as individual or company
• Holding period
• Registered value
• Agreed price
• Seller’s registration records
• Applicable exemptions
• Business-tax conditions
• Stamp duty
• Revenue Department treatment

The buyer should obtain a completion estimate from the lawyer or Land Office rather than rely on a percentage quoted in marketing.

35. Power of attorney can be used where accepted

A foreign buyer or seller unable to attend may appoint an authorised representative, subject to Land Office requirements.

The power of attorney should:

• Use accepted form
• Identify unit
• Identify transaction
• State authority precisely
• Match passport
• Be properly witnessed or authenticated where required
• Be translated where required
• Remain valid at completion

The parties should confirm the Phuket Land Office’s requirements well before the scheduled transfer.

36. Passport changes must be reconciled

A foreign seller may have acquired the unit using an older passport.

The seller should prepare evidence connecting:

• Previous passport
• Current passport
• Name changes
• Marriage
• Divorce
• Nationality changes
• Transliteration differences

The buyer should not wait until transfer day to discover that the title records cannot be matched easily to the seller.

37. Completion should be simultaneous

A safe resale completion should coordinate:

• Final title search
• Mortgage discharge
• Quota certificate
• Debt-free certificate
• Foreign-funds evidence
• Cashier’s cheque
• Tax payments
• Land Office registration
• Key handover
• Original documents
• Inventory
• Utility transfer

The buyer should avoid paying the entire price days before registration unless protected by a legally appropriate mechanism.

38. The contract should contain buyer-protection conditions

The sale and purchase agreement may make completion conditional upon:

• Buyer qualifying for foreign ownership
• Foreign quota certificate
• Acceptable foreign-funds documents
• Clean title
• Mortgage discharge
• Debt-free certificate
• Vacant possession
• No material damage
• No new encumbrance
• Juristic-person documents
• Land Office acceptance

The agreement should define:

• Refund of deposit
• Cure period
• Seller default
• Buyer default
• Legal costs
• Currency movement
• Completion delay
• Document failure

A buyer should not lose the deposit because the foreign seller or juristic person cannot provide required documents.

39. The buyer should preserve the foreign-exchange documents permanently

The buyer’s bank documentation may be needed later for:

• Land Office questions
• Resale
• Repatriation of sale proceeds
• Tax review
• Estate administration
• Banking compliance
• Source-of-funds evidence

The buyer should retain:

• Foreign Exchange Transaction form or accepted equivalent
• Credit advice
• SWIFT confirmation
• Bank statements
• Remittance instructions
• Currency-conversion evidence
• Cashier’s-cheque record
• Purchase agreement
• Transfer receipt
• Condominium title

Digital and certified physical copies should be kept.

40. Independent legal review is essential

The buyer’s independent Thai property lawyer should confirm:

• Seller’s ownership
• Original condominium title
• Buyer’s Section 19 qualification
• Foreign-quota availability
• Quota certificate
• Debt-free certificate
• Foreign-funds route
• Bank documents
• Purchase-price coverage
• Payment instructions
• Offshore-payment risk
• Mortgage
• Court attachments
• Common fees
• Special assessments
• Regulations
• Rental restrictions
• Existing tenant
• Furniture inventory
• Transfer costs
• Tax allocation
• Power of attorney
• Completion procedure
• Deposit refund
• Repatriation documentation
• Estate planning

The lawyer should explain separately which matters relate to:

• Buyer’s personal qualification
• Foreign quota
• Source of funds
• Unit title
• Seller’s authority
• Juristic-person approval
• Banking
• Tax
• Physical possession
• Future resale

Foreign-to-foreign resale comparison

Practical buyer checklist

A foreign buyer purchasing a resale condominium from another foreigner should:

1. Obtain the original condominium unit title.
2. Confirm the registered seller.
3. Verify seller’s passport.
4. Reconcile old and new passports.
5. Confirm unit number.
6. Confirm floor.
7. Confirm registered area.
8. Confirm common-property ratio.
9. Check mortgages.
10. Check court attachments.
11. Check registered leases or other rights.
12. Confirm buyer’s Section 19 qualification.
13. Confirm the intended foreign-funds route.
14. Speak with the receiving Thai bank before remittance.
15. Send funds in the correct foreign currency.
16. Use the buyer’s exact legal name.
17. State the correct purchase purpose.
18. Identify the condominium and unit.
19. Retain SWIFT and bank records.
20. Obtain acceptable foreign-exchange evidence.
21. Ensure evidence covers the required purchase amount.
22. Account for fees and exchange-rate movement.
23. Avoid unapproved offshore payment to the seller.
24. Document every deposit.
25. Confirm current foreign-quota availability.
26. Obtain the current quota certificate.
27. Obtain the debt-free certificate.
28. Review ordinary common fees.
29. Review special assessments.
30. Review audited accounts and budgets.
31. Review condominium regulations.
32. Review rental restrictions.
33. Confirm vacant possession.
34. Review existing tenancy.
35. Inventory furniture.
36. Confirm parking and storage rights.
37. Agree transfer taxes and fees.
38. Obtain a written completion estimate.
39. Coordinate mortgage discharge.
40. Arrange cashier’s cheque.
41. Recheck title immediately before completion.
42. Complete payment and registration simultaneously.
43. Collect original title and receipts.
44. Transfer utilities and access cards.
45. Preserve all bank and Land Office documents.
46. Prepare an appropriate Thai will.
47. Obtain independent Thai legal advice before paying a substantial deposit.

Greg’s professional perspective

Purchasing a foreign-freehold condominium from another foreigner is normally a straightforward and secure resale structure—provided the buyer understands that the foreign ownership qualification must be completed again.

The seller’s foreign ownership does not travel automatically with the title.

Before recommending this transaction, I want clear answers to six questions:

1. Is the seller the registered foreign owner?
2. Will the unit remain within the 49% foreign quota at transfer?
3. Does the new buyer independently qualify under Section 19?
4. Will the buyer’s payment route produce acceptable foreign-funds evidence?
5. Are the title, mortgage and common fees clear?
6. Can payment and Land Office registration complete simultaneously?

The most avoidable mistake is paying the foreign seller outside Thailand because it appears convenient. That can solve the seller’s banking preference while creating a serious ownership-registration problem for the buyer.

A second common misunderstanding is that a unit already registered to a foreigner is permanently designated foreign freehold. In practice, the new buyer still needs current quota confirmation and their own qualifying documents.

When the funds, quota, title and completion mechanics are organised correctly, a foreign-to-foreign resale can provide one of the clearest property-ownership structures available to an international buyer in Thailand.

Phuket Realtor helps buyers coordinate the property, bank documentation, juristic-person certificates and Land Office transfer before funds are committed. That is how buyers Invest with Confidence.

Applicable date

Current as reviewed on: 19 August 2026

Thai condominium law, foreign-exchange regulations, Land Office procedures, banking requirements and tax rules may change. This entry should be reviewed following relevant legislation, Bank of Thailand guidance, Department of Lands procedures or changes affecting foreign-condominium ownership and remittance documentation.

Location and property types

Location: Phuket, Thailand
Primary property type: Registered condominium units
Ownership type: Foreign-freehold condominium ownership within the statutory foreign quota
Transaction type: Resale from a foreign registered owner to another foreign buyer
Buyer type: Foreign individuals, joint foreign purchasers and qualifying foreign juristic persons

Verified legal and authoritative sources

• Condominium Act B.E. 2522 (1979), Section 19 — identifies categories of foreigners and foreign juristic persons who may own condominium units.
• Condominium Act, Section 19/2 — generally limits combined foreign ownership to 49% of the total floor area of all units in the condominium.
• Condominium Act, Section 19/3 — requires the transferee and transferor to provide applicable foreign-ownership and qualification evidence.
• Condominium Act, Section 19/4 — directs the competent official to register the transfer after verifying the evidence and foreign-ownership ratio.
• Condominium Act, Section 29 — governs registration of rights and juristic acts concerning condominium units.
• Condominium Act, Section 29 paragraph two — requires the condominium juristic person’s certification concerning outstanding common expenses before transfer.
• Condominium Act: Ownership, Sections 19/1–19/11 — English reference reproduction of foreign-ownership provisions.
• Unofficial English translation of the Condominium Act — reference text containing the foreign-ownership and transfer framework.
• Bank of Thailand: Exchange Control Regulation — official guidance concerning authorised foreign-exchange transactions.
• Thailand government: Foreign-condominium ownership limit and transfer costs — government information concerning the 49% foreign-ownership limit and transfer-related charges.
• Thailand government: Documents required for foreign property registration — government information covering foreign transferee documents, debt-free certification and condominium foreign-ratio certification.
• Department of Lands — official authority responsible for registering condominium transfers, mortgages and related rights.
• Phuket Provincial Land Office — responsible for registering transfers of Phuket condominium units.
• Condominium juristic person — responsible for issuing required project-level certificates and maintaining ownership and common-expense records.
• Authorised Thai financial institution — responsible for receiving foreign funds and issuing applicable foreign-exchange evidence.
• Thai Revenue Department and Land Office — responsible for applicable transfer taxes, withholding tax, specific business tax, stamp duty and official assessments.

Related questions

• Can a foreigner buy a resale condominium in Thailand?
• Can one foreigner sell a Thai condo to another foreigner?
• Does a foreign-owned condo automatically remain foreign freehold?
• Does the foreign buyer need a new FET form?
• Can the buyer use the seller’s original FET form?
• Does the 49% foreign quota apply to a foreign-to-foreign resale?
• Does the foreign quota change when one foreigner replaces another?
• Who issues the foreign-quota certificate?
• Who issues the debt-free certificate?
• Can the buyer pay the foreign seller overseas?
• What happens if no money enters Thailand?
• Can a foreign buyer send Thai baht from overseas?
• Can a foreign buyer use money earned in Thailand?
• Can a foreign buyer purchase with cryptocurrency?
• Can parents send the purchase funds for their child?
• Can joint foreign buyers own a condominium?
• Can a foreign company purchase a Thai condo?
• What wording should appear on the overseas remittance?
• How much foreign currency must be transferred?
• Can furniture be priced separately?
• How is a mortgage discharged at transfer?
• Who pays transfer taxes and fees?
• Can the foreign seller repatriate the proceeds?
• What happens if foreign quota is full?
• What documents should a foreign buyer retain after transfer?

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Disclaimer

This entry provides general educational information and does not constitute legal, property, banking, foreign-exchange, tax, investment or financial advice. Foreign condominium ownership depends on Thai law, buyer qualification, foreign quota, source-of-funds evidence, banking documents, title, juristic-person certification and the facts of the transaction. Buyers should obtain case-specific advice from qualified independent Thai property and banking professionals before sending funds or signing an unconditional agreement.