Under Thailand's Condominium Act B.E. 2522 (1979), foreign nationals may hold outright freehold title to condominium units, but only within a strict limit: foreigners may collectively own no more than 49 percent of the total registered sellable floor area of any single condominium building. The remaining 51 percent or more of floor area must stay in Thai ownership, whether held by Thai individuals or Thai-registered juristic persons. This is the single rule that shapes almost every foreign condo purchase in the country, and as of mid-2026 it remains unchanged after 47 years in force, even though it is periodically the subject of policy debate in Bangkok.
The quota is measured by floor area, not by the number of units. A building can therefore reach its foreign quota before all of its units have sold, particularly in projects popular with international buyers, or a large single unit purchase can consume a disproportionate share of the remaining allowance. Before signing a reservation agreement or paying a deposit, a buyer should ask the project's juristic person (the condominium's managing committee or its appointed manager) for written confirmation of how much foreign quota remains, since Thai law places the record-keeping obligation with the juristic person and, ultimately, the local Land Office.
Section 19 of the Condominium Act sets out who qualifies to buy under the foreign quota. Eligible buyers include non-Thai individuals who hold a valid Thai residence or visa status, foreign nationals admitted under investment-promotion law, foreign juristic persons registered to do business in Thailand, and Thai companies in which foreigners hold a majority stake. In practice this covers most expats, DTV and LTR visa holders, and retirees, provided the funding requirement below is also satisfied.
That funding requirement is strict: to register freehold ownership, a foreign buyer generally must remit the full purchase price into Thailand in foreign currency and convert it to baht inside the country, then present the Land Office with documentary proof of that inflow. Thai banks issue this proof either as a Foreign Exchange Transaction form or, for smaller transfers, an equivalent bank letter or credit-note referencing the original SWIFT transfer. The Bank of Thailand's own exchange-control regulation page confirms that for inbound transfers of USD 200,000 or more, authorized banks must request full supporting documentation from the customer — a threshold sharpened by BOT Circular No. 8434/2568 (effective December 29, 2025), which names real-estate purchases specifically as one of the transaction types requiring full documentary verification at that level. Industry practitioners and receiving banks commonly reference a lower USD 50,000 threshold for when a bank will issue the specific Foreign Exchange Transaction form itself (versus a simpler credit-advice letter for smaller transfers); we could not locate a current, citable Bank of Thailand notification confirming that specific figure, so treat it as common banking practice rather than a formally verified rule, and confirm the exact form your bank will issue at the time you remit funds. Without the appropriate documentation, the Land Office will not transfer freehold title into a foreign buyer's name.
The 49 percent cap itself has not changed in 2026, despite recurring proposals in policy circles to raise the foreign-ownership ceiling or extend leasehold terms as a way to attract more foreign capital. In July 2024 the Thai Cabinet approved a proposal — reportedly to study raising the cap toward 75 percent per project and extending leasehold terms toward 99 years — but only for further study, not for implementation; no bill has been introduced and no Royal Gazette publication has followed as of mid-2026. What has changed is enforcement around nominee structures, arrangements in which a foreigner attempts to control property beyond the legal quota through a Thai proxy shareholder or company. Under Department of Business Development Order 1/2569, effective April 1, 2026, companies that add a foreign partner or authorized director must now submit an Investment Confirmation Letter along with source-of-funds documentation for Thai shareholders, closing a loophole in which companies previously registered as 100 percent Thai-owned before later amending their structure. Regulators have signaled interest in treating illegal nominee arrangements as a predicate offense under anti-money-laundering law, which raises real legal exposure for buyers or developers who attempt to use such structures to exceed the 49 percent quota.
For anyone relocating to Thailand or buying as an investor, the practical takeaway is straightforward: confirm the remaining foreign quota in writing before committing funds, route your purchase funds through a proper foreign-currency remittance so you can obtain Land Office documentation, and avoid any nominee or proxy-ownership arrangement offered as a workaround to the 49 percent limit. BAANLYY works only with fully quota-compliant freehold and leasehold inventory and can confirm a building's current foreign-ownership allocation before you reserve a unit.