What Happens if the Foreign Ownership Quota Is Full When a Phuket Condo Is Ready to Transfer?

Concise answer

If a Phuket condominium building’s statutory foreign-ownership quota is full, the Land Office generally cannot register an additional unit in a foreign buyer’s name as foreign freehold.

Under Section 19/2 of the Thai Condominium Act, foreigners and qualifying foreign entities may generally own no more than 49% of the total floor area of all units in the registered condominium.

A developer’s contract, sales promise or payment receipt cannot require the Land Office to exceed that legal limit.

The buyer’s possible options may include:

• Delaying transfer until sufficient foreign quota becomes available
• Transferring another suitable foreign-quota unit
• Exchanging the unit for one with a smaller floor area that fits the remaining quota
• Requiring the developer to fulfil a contractual obligation to provide foreign freehold
• Terminating and obtaining a refund where the contract permits
• Claiming damages or other remedies
• Accepting a registered leasehold only after independent review and price renegotiation
• Purchasing in the genuine name of a legally qualified Thai owner
• Buying foreign freehold in another condominium

A foreign buyer should not be forced to accept leasehold merely because the developer failed to reserve or manage the foreign quota correctly. Foreign freehold and leasehold are materially different property interests.

There is an important exception in a foreign-to-foreign resale: if the current foreign seller transfers the same unit to another qualified foreign buyer, the seller’s area leaves the foreign quota as the buyer’s same area enters it. This transaction may therefore remain possible even when the building is already at 49%, subject to current certification and Land Office approval.

Detailed explanation

1. The foreign quota is calculated by floor area

The statutory limit is generally based on the total floor area of all privately owned units in the registered condominium—not simply the number of units.

For example:

A building may have:

• 100 units
• 49 foreign owners
• More or fewer than 49 foreign-owned units

The legally important calculation is the combined foreign-owned floor area.

A large penthouse consumes more foreign quota than a small studio.

2. The quota applies to the registered condominium

The quota applies to the relevant registered condominium.

A large development may contain:

• Several buildings
• Several condominium registrations
• Hotel component
• Commercial component
• Villa component
• Common facilities
• Separate phases

The buyer should determine:

• Which registered condominium contains the unit
• Total private-unit area in that registration
• Current foreign-owned area
• Remaining available area
• Whether different phases share or maintain separate quota calculations

A developer’s project-wide foreign-quota percentage may not answer the question for the specific registered condominium.

3. Quota availability is determined at registration

The buyer may reserve a unit years before construction is completed.

Foreign quota may appear available when the buyer:

• Signs reservation
• Signs sale and purchase agreement
• Pays first instalment
• Receives sales confirmation
• Receives foreign-freehold invoice

However, the legally decisive review occurs when ownership is presented for registration.

The Land Office will examine:

• Current foreign-owned floor area
• Proposed buyer
• Proposed unit area
• Condominium juristic-person certificate
• Buyer’s Section 19 qualification
• Foreign-funds evidence
• Other required documents

A contractual allocation is important between buyer and developer, but it is not the same as completed Land Office registration.

4. A sales-office allocation does not reserve statutory quota permanently

A developer may maintain an internal spreadsheet showing:

• Foreign-freehold units
• Thai-freehold units
• Leasehold units
• Reserved quota
• Available quota

That system helps manage sales. It does not necessarily create a separate statutory reservation in the Land Office records.

Problems can arise if the developer:

• Oversells foreign-freehold units
• Miscalculates area
• Changes unit sizes
• Combines units
• Allocates the same quota twice
• Transfers foreign quota to preferred buyers
• Fails to register the condominium as planned
• Confuses project phases
• Does not update resale information

The buyer should require contractual protection rather than relying exclusively on the developer’s internal allocation.

5. The Land Office cannot ignore the 49% limit

If registration of the foreign buyer would cause the foreign-owned floor area to exceed the statutory limit, the Land Office should not complete the intended foreign-freehold transfer.

The buyer cannot cure the problem merely by presenting:

• Foreign-freehold sales brochure
• Reservation receipt
• Developer letter
• Full payment
• Foreign Exchange Transaction form
• Lawyer’s letter
• Overseas transfer evidence
• Promise of future quota
• Proposed legislative change

Those documents may support contractual remedies against the developer. They do not authorise the Land Office to exceed the law.

6. Foreign-funds evidence does not create quota

A buyer may have correctly:

• Sent foreign currency to Thailand
• Obtained acceptable bank evidence
• Paid the full purchase price
• Qualified under Section 19(5)

The foreign quota may still prevent registration.

Two separate requirements must be satisfied:

1. Buyer personally qualifies for foreign ownership.
2. Building has sufficient foreign quota for the unit.

Satisfying one does not satisfy the other.

7. A promised quota increase should not be relied upon

Proposals have periodically been discussed to increase the foreign condominium quota.

Unless and until an amendment is enacted and effective, the operative statutory limit remains the applicable limit.

A buyer should not accept claims such as:

• 75% quota has already been approved
• New law will apply before completion
• Land Office will make an exception
• Phuket developments receive special treatment
• Government policy overrides the current Act
• Developer has political approval

The contract should be assessed under the law currently in force.

8. Foreign-to-foreign resale can be quota-neutral

If the registered owner is already foreign and sells the same unit to another qualified foreign buyer, the transaction will normally:

• Remove the seller’s unit area from foreign ownership, and
• Add the same unit area for the buyer

The net foreign-owned area should generally remain unchanged.

For example:

This may allow a foreign-to-foreign resale even when the building is at the 49% ceiling.

The condominium juristic person and Land Office must still confirm and approve the transfer.

9. A Thai-to-foreign transfer is different

If a Thai owner sells a 60-square-metre unit to a foreign buyer, the foreign-owned area increases by 60 square metres.

If the building has:

• No quota remaining, transfer cannot ordinarily proceed as foreign freehold.
• Only 40 square metres remaining, a 60-square-metre unit does not fit.
• At least 60 square metres remaining, transfer may proceed if other requirements are satisfied.

Quota availability should therefore be confirmed in square metres—not simply as “one unit remaining.”

10. A smaller replacement unit may fit

If some foreign quota remains but the intended unit is too large, a smaller unit may fit.

For example:

A unit substitution should address:

• Price
• Area
• Floor
• View
• Layout
• Furniture
• Completion
• Rental potential
• Foreign-freehold premium
• Refund of difference
• Buyer’s right to reject

The developer should not substitute an inferior unit unilaterally.

11. Quota may become available later

Foreign quota may reopen if:

• Foreign owner sells to Thai buyer
• Foreign owner transfers to qualifying Thai entity
• Foreign-owned unit is otherwise removed from foreign ownership
• Registration records are corrected
• Developer restructures lawful ownership of another unit
• Another foreign reservation is cancelled before transfer

However, there is no guarantee:

• Quota will open
• Enough square metres will become available
• It will happen before the buyer’s longstop date
• Developer will allocate it to this buyer
• Market conditions will remain the same

A promise to “wait a few months” should be documented with a definite deadline and remedies.

12. Waiting creates financial and practical costs

Delayed transfer may affect:

• Buyer’s accommodation
• Rental income
• Mortgage
• Exchange rate
• Visa planning
• Furniture delivery
• Tax residence
• Insurance
• Common fees
• Defect warranty
• Resale plans
• Opportunity cost

The agreement should specify:

• Who bears common fees during delay
• Who insures the unit
• Whether buyer receives possession
• Whether buyer may rent it
• Whether final payment is suspended
• Whether interest is payable on buyer’s funds
• Longstop transfer date
• Termination right
• Refund deadline

An indefinite delay should not be accepted casually.

13. Possession before ownership creates risk

The developer may offer the buyer possession while waiting for foreign quota.

The buyer could:

• Move in
• Furnish the unit
• Rent it
• Pay common fees
• Treat it as completed

Yet legal ownership remains with the developer or another party.

The buyer should determine:

• Legal basis of possession
• Insurance
• Liability
• Rental rights
• Developer insolvency risk
• Mortgage risk
• Whether unit can be resold
• Whether buyer’s payments are secured
• What happens if quota never opens
• Whether possession affects defect claims

Physical occupation is not a substitute for registered title.

14. The developer may remain the registered owner

If transfer is delayed, the developer may continue to hold title.

During that period, the unit may be exposed to:

• Developer mortgage
• Creditor claims
• Court attachment
• Insolvency
• Tax liabilities
• Sale to another purchaser
• Management disputes
• Corporate restructuring

The buyer should obtain:

• Updated title checks
• Restriction against new encumbrances
• Developer acknowledgement
• Insurance confirmation
• Contractual protection
• Clear refund rights

A fully paid but untransferred unit can be significantly more vulnerable than a registered foreign-freehold title.

15. The buyer should not make final payment without transfer protection

A prudent payment structure may hold back the final amount until:

• Foreign quota is confirmed
• Debt-free certificate is available
• Unit title is clear
• Mortgage is discharged
• Foreign-funds evidence is accepted
• Transfer is ready
• Land Office appointment is confirmed

If the developer requires full payment before it can resolve quota, the buyer should obtain independent advice on:

• Escrow
• Bank guarantee
• Refund security
• Conditional payment
• Retention
• Lawyer-held funds
• Simultaneous completion

Once the buyer has paid 100%, negotiating leverage is reduced.

16. The sale contract should state the ownership type clearly

The contract should expressly describe the promised ownership as:

• Foreign freehold registered in buyer’s name

It should avoid ambiguous phrases such as:

• Freehold or leasehold
• Ownership subject to availability
• Developer-selected ownership
• Foreign quota where possible
• Equivalent leasehold title
• Long-term ownership
• 30+30+30 ownership
• Freehold structure

If the buyer is paying a foreign-freehold premium, the contract should identify it.

17. The developer should have a specific quota obligation

The agreement may require the developer to:

• Reserve sufficient foreign quota
• Maintain accurate quota records
• Avoid conflicting allocations
• Provide regular confirmation
• Issue the required quota certificate
• Complete transfer by a stated date
• Notify buyer of any quota risk
• Refund payments if foreign freehold cannot be delivered
• Pay interest or damages
• Cover bank and exchange costs
• Avoid unilateral leasehold conversion

The enforceability of each remedy should be reviewed under Thai law.

18. A generic “subject to quota” clause can shift risk to the buyer

Some contracts state that foreign freehold is available only if quota remains at transfer.

This may allow the developer to argue that:

• Buyer assumed the risk
• Leasehold is the fallback
• Deposit is non-refundable
• Developer has no liability
• Transfer may be delayed indefinitely

The buyer should understand that clause before paying.

The lawyer may negotiate:

• Firm quota allocation
• Refund right
• Longstop date
• Alternative-unit choice
• Buyer approval of leasehold
• Price adjustment
• Developer liability for overselling

19. Leasehold is not equivalent to foreign freehold

If the quota is full, the developer may offer a lease over the unit.

The comparison is material:

The buyer should not pay foreign-freehold pricing for a finite lease without a clear commercial reason.

20. The developer cannot unilaterally convert the bargain without review

If the contract promised foreign freehold, a proposed leasehold substitution may be a material change.

The buyer should not be pressured to sign:

• Lease agreement
• Amendment
• Waiver
• Release
• Revised payment schedule
• Ownership-conversion form

without independent advice.

Signing may:

• Waive refund rights
• Release developer
• Accept lower-value ownership
• Confirm quota risk was buyer’s responsibility
• Change tax treatment
• Reduce resale value
• Limit remedies

The buyer should compare the proposed replacement with the original contract.

21. Leasehold acceptance should involve price renegotiation

If the buyer voluntarily accepts leasehold, the revised transaction should address:

• Meaningful price reduction
• Refund of foreign-freehold premium
• Registered 30-year term
• Lease commencement date
• Rent or prepaid consideration
• Transferability
• Assignment
• Inheritance
• Landlord consent
• Renewal wording
• Common fees
• Rental rights
• Resale process
• Expiry
• Deposit treatment

A leasehold unit should be valued according to the rights and remaining term actually acquired.

22. Automatic renewals should not be marketed as guaranteed

A developer may offer:

• 30+30 years
• 30+30+30 years
• Guaranteed 90 years
• Automatic extension
• Permanent leasehold

Section 540 generally limits an ordinary immovable-property lease to 30 years per term.

Thai Supreme Court Decision No. 4655/2566 has been publicly analysed as invalidating the disputed pre-agreed renewal structure used to circumvent that limit.

A leasehold fallback should be valued primarily according to the initial registered term—not the total years displayed in marketing.

23. Buying in a Thai spouse’s name changes the owner

A foreign buyer married to a Thai citizen may consider registering the unit in the Thai spouse’s name within the Thai ownership portion.

This is not foreign freehold.

The Thai spouse becomes the registered owner.

The couple should obtain advice concerning:

• Source of funds
• Marital property
• Land Office declarations
• Divorce
• Death
• Thai will
• Mortgage
• Sale
• Control
• Rental income
• Tax

The foreign spouse should not be told that registering in the Thai spouse’s name is “the same” as ownership in the foreign buyer’s own name.

24. A Thai nominee should not be used

A buyer should not use:

• Employee
• Agent
• Friend
• Lawyer
• Nominee shareholder
• Artificial Thai company

to hold the unit while secretly acknowledging the foreign buyer as true owner.

Nominee structures may create:

• Criminal exposure
• Ownership challenge
• Forced disposal
• Tax problems
• Loss of money
• Blackmail risk
• Inheritance disputes
• Inability to resell safely

Any Thai owner must be the genuine legal and beneficial owner, subject to lawful agreements.

25. A Thai company is not a casual workaround

A genuine Thai company may purchase a unit in the Thai portion where legally qualified.

The company should have:

• Genuine Thai ownership
• Legitimate business purpose
• Real shareholders
• Capital
• Corporate governance
• Accounting
• Tax compliance
• Independent decision-making

A company created only to hold the unit for a foreigner through nominee shareholders may be unlawful.

The buyer should not accept a ready-made company as an automatic solution to full foreign quota.

26. The buyer may transfer to another condominium

If the developer operates several buildings or phases, it may offer a foreign-freehold unit elsewhere.

The buyer should compare:

• Location
• Building
• View
• Floor
• Area
• Layout
• Completion
• Facilities
• Common fees
• Rental demand
• Resale market
• Developer obligations
• Price
• Title
• Quota status

The buyer should have the right to reject a materially different substitute.

27. The buyer may require a refund

If the developer cannot deliver the promised foreign-freehold title, the contract may allow the buyer to terminate.

A refund claim may include:

• Reservation fee
• Contract deposits
• Instalments
• Foreign-freehold premium
• Interest
• Bank charges
• Currency losses
• Legal expenses
• Other proven losses

The precise recovery depends on:

• Contract
• Cause of failure
• Developer fault
• Buyer compliance
• Applicable consumer protections
• Evidence
• Enforceability
• Developer’s solvency

The agreement should state the refund deadline and payment method.

28. Currency losses can be material

A foreign buyer may have remitted funds when:

• Baht was weaker or stronger
• Conversion rate was more favourable
• Bank spreads differed
• Currency moved during construction

If the transaction fails years later, a baht refund may not restore the buyer’s original foreign-currency amount.

The contract should consider:

• Refund currency
• Exchange-rate basis
• Bank fees
• Outbound remittance
• Interest
• Timing
• Tax documentation

Currency risk should not be ignored in a long off-plan purchase.

29. The buyer may have a damages claim

Depending on the facts, the buyer may seek compensation where the developer:

• Promised foreign freehold
• Accepted a foreign-freehold premium
• Failed to reserve quota
• Sold more foreign-freehold area than available
• Misrepresented quota
• Refused refund
• Delayed without justification
• Offered materially inferior leasehold

Potential remedies may include:

• Performance
• Refund
• Interest
• Damages
• Contract termination
• Legal costs
• Other relief

The practical value depends on evidence, litigation cost, time and developer assets.

30. Specific performance may not overcome the statutory limit

A buyer may want a court to compel transfer.

Even if the developer breached its contract, a remedy cannot necessarily require the Land Office to register ownership contrary to the Condominium Act.

Possible practical relief may instead involve:

• Waiting for quota
• Substituting another unit
• Rearranging lawful ownership
• Refund
• Damages
• Settlement

The buyer’s lawyer should distinguish between enforcing the developer’s obligation and compelling a legally prohibited registration.

31. A quota certificate should be obtained near transfer

Quota status can change.

The buyer should request updated confirmation:

• Before signing
• Before major instalments
• Before final payment
• Before transfer appointment
• On transfer date where required

A certificate issued many months earlier may no longer reflect current ownership.

The developer’s contractual allocation should also be reviewed against the juristic person’s current records.

32. The juristic person should act independently

Once the condominium juristic person is established, its manager should maintain accurate records and issue required certificates.

The buyer should confirm:

• Manager’s authority
• Juristic-person registration
• Current foreign ratio
• Unit area
• Debt-free status
• Common-fee account
• Special assessments
• Certificate date

The manager should not issue an inaccurate certificate merely because the developer requests it.

33. The Land Office record is ultimately decisive

The buyer should distinguish between:

• Developer allocation
• Juristic-person records
• Land Office registration

The Land Office is responsible for registering ownership.

A foreign buyer becomes registered owner only when:

• Documentation is accepted
• Foreign quota is compliant
• Buyer qualifies
• Taxes and fees are paid
• Transfer is entered
• Condominium unit title is issued or endorsed accordingly

Possession, payment and certificates do not replace the completed registration.

34. The buyer should investigate whether the unit is already foreign owned

In a resale, the decisive question may not simply be whether the building is full.

If the seller is foreign:

• Seller’s area may leave and buyer’s same area may enter
• Transfer can be quota-neutral
• Current quota certificate is still required
• Buyer must qualify independently

If seller is Thai:

• Foreign area will increase
• Sufficient unused quota must exist

The agent should confirm the registered seller—not merely how the unit is advertised.

35. A developer-owned unit may be in the Thai portion

A developer may be a Thai company and hold unsold units in its own name.

Sale of one of those units to a foreign buyer increases foreign-owned area.

The unit is not foreign-freehold merely because:

• Developer marketed it internationally
• Price list says foreign freehold
• Buyer paid foreign-freehold upgrade
• Contract is in English
• Buyer remitted foreign currency

Sufficient quota must exist at transfer.

36. Unit-area changes can create an unexpected problem

During construction, the registered area may differ from the sales area because of:

• Final survey
• Design changes
• Unit combination
• Balcony adjustment
• Wall measurement
• Approved-plan changes

If the unit becomes larger, the developer may need more foreign quota than originally allocated.

The contract should address:

• Area tolerance
• Price adjustment
• Quota adjustment
• Buyer termination
• Substitution
• Refund

A seemingly small area change may prevent a unit from fitting within the remaining quota.

37. Combining units can consume additional quota

A buyer may wish to combine two neighbouring units.

The lawyer should confirm:

• Whether both units fit within remaining quota
• Whether legal combination is approved
• Whether two titles remain
• Effect on unit area
• Juristic-person approval
• Building permits
• Common-property ratio
• Resale implications

Foreign quota should be calculated using the registered areas, not the buyer’s intended interior configuration.

38. Assignment before transfer may provide an exit

An off-plan buyer may have a contractual right to assign the purchase agreement before title transfer.

This could allow:

• Sale to Thai buyer
• Sale to foreign buyer if quota becomes available
• Developer-approved substitution
• Recovery of some invested funds

The buyer should check:

• Assignment permission
• Developer consent
• Assignment fee
• Taxes
• Agent fee
• Buyer qualification
• Refund of foreign-freehold premium
• Payment schedule
• Completion liability

Assignment is not guaranteed and may not solve an oversold quota problem.

39. The buyer’s foreign funds should remain traceable

If transfer is delayed or cancelled, the buyer should preserve:

• FET or bank evidence
• SWIFT confirmations
• Bank statements
• Developer receipts
• Refund records
• Contract termination
• Land Office documents
• Currency conversion
• Outbound remittance documents

These records may be needed for:

• Refund
• Sending money out of Thailand
• Alternative condo purchase
• Tax review
• Litigation
• Source-of-funds checks

The buyer should speak with the Thai bank before redirecting the funds to another transaction.

40. Independent legal review is essential

The buyer’s independent Thai condominium lawyer should confirm:

• Registered condominium
• Specific building
• Total private-unit area
• Current foreign-owned area
• Remaining quota in square metres
• Seller’s nationality and ownership
• Unit’s registered area
• Buyer’s Section 19 qualification
• Foreign-funds evidence
• Quota certificate
• Contractual ownership type
• Foreign-freehold premium
• Developer quota obligation
• “Subject to quota” wording
• Final-payment conditions
• Longstop date
• Refund rights
• Interest
• Currency losses
• Alternative-unit rights
• Leasehold substitution
• Price adjustment
• Developer mortgage
• Juristic-person records
• Land Office transfer readiness
• Litigation or settlement options

The lawyer should explain separately:

• What the law permits
• What the developer promised
• What the buyer has paid for
• What the Land Office can register
• What alternatives are voluntary
• What remedies may exist
• What documents should not be signed

Full-quota outcome comparison

Practical buyer checklist

If a Phuket condominium’s foreign quota may be full, the foreign buyer should:

1. Identify the registered condominium.
2. Identify the exact building.
3. Obtain the unit title or draft registration details.
4. Confirm the unit’s registered area.
5. Confirm the seller’s registered nationality or entity.
6. Determine whether the transfer is foreign-to-foreign.
7. Obtain current foreign-quota information.
8. Ask for remaining quota in square metres.
9. Obtain written developer confirmation.
10. Review the juristic-person records.
11. Review the Land Office records.
12. Confirm buyer’s Section 19 qualification.
13. Obtain correct foreign-funds evidence.
14. Do not confuse FET qualification with quota availability.
15. Review the promised ownership type.
16. Identify any foreign-freehold premium.
17. Review all “subject to quota” clauses.
18. Require the developer to reserve sufficient quota where contractually possible.
19. Require regular quota confirmation.
20. Obtain a current quota certificate before transfer.
21. Avoid final payment until transfer is ready.
22. Review developer mortgages and encumbrances.
23. Avoid possession without clear legal protection.
24. Establish a longstop transfer date.
25. Establish who pays common fees during delay.
26. Establish who insures the unit.
27. Establish whether rental is permitted during delay.
28. Require refund rights.
29. Specify the refund deadline.
30. Address interest.
31. Address bank fees.
32. Address currency losses.
33. Review substitute-unit rights.
34. Compare area, floor, view and value.
35. Do not accept unilateral substitution.
36. Treat leasehold as a different property interest.
37. Negotiate a meaningful leasehold discount.
38. Do not value automatic renewals as guaranteed.
39. Do not use a Thai nominee.
40. Understand that a Thai spouse becomes the true owner.
41. Review any Thai-company proposal independently.
42. Consider another foreign-freehold building.
43. Preserve all FET and payment evidence.
44. Do not sign a waiver or conversion without legal advice.
45. Obtain independent Thai legal advice before transferring substantial funds.

Greg’s professional perspective

Foreign quota is not a minor administrative detail. It determines whether a foreign buyer receives registered ownership or something fundamentally different.

Before recommending an off-plan foreign-freehold condominium, I want clear answers to six questions:

1. How many square metres of foreign quota remain?
2. Is the specific unit contractually allocated to foreign freehold?
3. What must the developer do to preserve that allocation?
4. What happens if quota is unavailable at transfer?
5. Can the buyer reject leasehold and receive a full refund?
6. Is final payment due only when foreign-freehold registration is ready?

The most important distinction is between a developer’s promise and the Land Office’s legal authority. A developer can promise foreign freehold and become contractually responsible for failing to provide it. The developer cannot require the Land Office to register ownership beyond the statutory quota.

I would also resist the idea that leasehold is an equivalent fallback. Foreign freehold provides registered ownership without lease expiry. A 30-year lease provides time-limited use. If the buyer voluntarily accepts that change, the price and contract should change with it.

Foreign-to-foreign resale deserves separate attention. Even in a building at the full 49%, the transfer may remain possible because the same unit area leaves and re-enters the foreign quota. That is why the registered seller and current juristic-person certificate matter more than a casual statement that the building is “full.”

Phuket Realtor helps international buyers verify the ownership route, quota and fallback protections before the contract becomes unconditional. That is how buyers Invest with Confidence.

Applicable date

Current as reviewed on: 19 August 2026

Thai condominium law, Land Office procedures and foreign-ownership limits may change. This entry should be reviewed following legislative amendments, Department of Lands guidance or changes affecting the foreign-condominium ownership ratio, buyer qualification or transfer registration.

Location and property types

Location: Phuket, Thailand
Primary property type: Registered condominium units
Ownership types: Foreign-freehold condominium ownership, Thai freehold and registered leasehold
Transaction types: Off-plan purchases, developer transfers and condominium resales
Buyer type: Foreign individuals, investors, retirees, holiday-home purchasers and qualifying foreign entities

Verified legal and authoritative sources

• Condominium Act B.E. 2522 (1979), Section 19 — identifies the categories of foreigners and foreign juristic persons eligible to 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 registered condominium.
• Condominium Act, Section 19/3 — requires applicable evidence concerning the foreign transferee, source of funds and foreign-ownership ratio.
• Condominium Act, Section 19/4 — requires the competent official to verify the evidence and statutory ratio before registering foreign ownership.
• Condominium Act, Section 29 — governs registration of rights and juristic acts involving condominium units and required juristic-person certification.
• Thai Civil and Commercial Code, Section 540 — generally limits an ordinary immovable-property lease to 30 years per term.
• Thai Civil and Commercial Code, Section 538 — requires a lease exceeding three years to be written and registered to be enforceable beyond three years.
• Thai Supreme Court Decision No. 4655/2566 — reported decision addressing renewal provisions structured to exceed the 30-year lease limitation.
• Condominium Act: Ownership, Sections 19/1–19/11 — English reference reproduction of the foreign-ownership provisions.
• Unofficial English translation of the Condominium Act — reference text containing the statutory condominium-ownership framework.
• Department of Lands regulation concerning foreign condominium ownership — official Thai Department of Lands regulation concerning foreign ownership and registration.
• Thailand government: Requesting foreign ownership of a condominium — government information concerning the foreign-ratio certificate and Land Office registration process.
• Thailand government: Foreign property registration documents — government information concerning foreign transferee, debt-free and quota documentation.
• Department of Lands — official authority responsible for registering condominium ownership and related rights.
• Phuket Provincial Land Office — responsible for registering transfers of Phuket condominium units.
• Condominium juristic person — responsible for maintaining building records and issuing the relevant foreign-ratio and debt-free certificates.
• Thai Consumer Protection Board and Thai Courts of Justice — relevant to contractual and consumer disputes involving developer sales.
• Authorised Thai financial institutions — responsible for foreign-exchange documentation supporting qualifying foreign ownership.

Related questions

• What is Thailand’s foreign condominium ownership quota?
• Is the foreign quota calculated by units or floor area?
• When is foreign-quota availability determined?
• Can a developer reserve foreign quota for an off-plan buyer?
• Can the Land Office transfer a unit above the 49% limit?
• Does an FET form guarantee foreign-freehold transfer?
• What happens if the developer oversells foreign quota?
• Can a buyer delay transfer until quota becomes available?
• How long should a buyer wait for foreign quota?
• Can the buyer move in before title transfer?
• Can a smaller unit fit within remaining quota?
• Can the developer substitute another unit?
• Can a foreigner buy from another foreigner when quota is full?
• Is a foreign-to-foreign resale quota-neutral?
• Can a Thai-owned unit be transferred to a foreigner when quota is full?
• Can the developer force the buyer to accept leasehold?
• Is leasehold equivalent to foreign freehold?
• Should a leasehold unit cost less?
• Is a 30+30+30 condominium lease guaranteed?
• Can the buyer register the unit in a Thai spouse’s name?
• Can a Thai company buy the unit?
• Is using a Thai nominee legal?
• Can the buyer terminate and receive a refund?
• Can the buyer claim currency losses?
• What clauses protect an off-plan foreign-freehold buyer?
• Has Thailand increased the foreign condominium quota to 75%?
• What documents prove current foreign-quota availability?
• What happens to funds already transferred into Thailand?
• Can the buyer assign the off-plan contract?
• How can a foreign buyer avoid foreign-quota problems?

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Disclaimer

This entry provides general educational information and does not constitute legal, property, contract, banking, tax, investment or financial advice. Foreign-freehold transfer depends on Thai law, foreign-quota availability, buyer qualification, source-of-funds evidence, contract wording, developer performance and Land Office approval. Buyers should obtain case-specific advice from a qualified independent Thai property lawyer before signing an unconditional contract, accepting leasehold substitution or transferring substantial funds.