Buying a Condominium in Thailand as a Foreigner
English-language legal support for foreign buyers of resale and new condominium units, from the first offer to registration at the Land Office, whether you are in Thailand or abroad.
Freehold is possible, but only inside the foreign quota
Foreigners can own a condominium unit freehold in their own name, but only within the foreign quota: the Condominium Act limits foreign ownership to 49 per cent of the total area of a registered building, and the purchase money must be brought in from abroad in foreign currency and documented by the bank. A building whose quota is already used, a seller with a mortgage, unpaid common-area fees or a deposit paid too early can all turn a simple purchase into a problem. Walailak Law Firm checks the unit, the quota, the seller and the paperwork before you commit, reviews the reservation and sale agreements, and attends the transfer for you where needed. For projects that are still being built, see our off-plan contract review.
When clients contact us
- A resale condominium in Pattaya, Jomtien, Rayong or elsewhere, before you pay a deposit
- A reservation agreement or deposit requested before you have seen the title
- A cash buyer who will remit funds from abroad
- A buyer who will sign remotely through a power of attorney
- A seller that is a company, or a unit that is still mortgaged
- A foreign buyer with a Thai partner who is deciding how title should be held
What we check before you buy
We work through the unit, the building and the paperwork in the order that protects your money.
Foreign quota
Whether foreign ownership in the building is within the 49 per cent limit, shown by the juristic person's records, before you pay.
Title and seller
The title deed, registered owner, mortgages, seizures and the seller's authority to sell, including company sellers.
Funds and bank documents
How the money must be remitted and documented so the Land Office accepts the unit as foreign-owned, and what goes wrong with late or wrong transfers.
Juristic person and fees
Unpaid common-area fees and sinking fund, building rules, and any pending special charges that pass to the new owner.
Reservation and sale agreement
Deposit protection, conditions for a refund, who bears which costs, and the points worth changing.
Transfer and taxes
Registration at the Land Office, who pays which taxes and fees, and a correctly prepared power of attorney if you cannot attend.
Other routes exist, with trade-offs
If the foreign quota in a building is already used, the unit cannot be registered in your name freehold. A long-term registered lease or another structure may be possible, with different rights and risks, and we explain them before you decide. We do not suggest arrangements that conceal foreign ownership.
Points we raise before you pay a deposit
- Written confirmation of the quota position from the juristic person
- A condition that the deposit is refunded if the unit cannot be transferred to you
- Evidence of the seller's ownership and a plan to discharge any mortgage at transfer
- Clarity on who pays transfer fees and taxes
- A plan for signing, remittance and transfer if you are abroad
Choose the stages you need
- Quota and title check: Verification of the foreign quota, ownership and encumbrances.
- Contract review: A written review, with proposed changes, of the reservation and sale agreement.
- Funds and documents: Guidance on remittance, the bank's foreign exchange documents and a power of attorney.
- Transfer attendance: Support at the Land Office until the title is registered.
- After purchase: A short note on ownership, renting out the unit, wills and ongoing building costs.
Each stage has its own scope, agreed with you in writing. You can stop after any stage.