Condominium purchase by a foreign buyer (49% quota)
The document set a foreign buyer needs to take ownership of a Thai condominium unit: the juristic person's foreign-ownership ratio letter, bank evidence of foreign currency brought into Thailand, a certified passport translation and the papers the Land Office asks for on transfer day.
Section 19 bis of the Condominium Act B.E. 2522 caps aggregate foreign ownership in any condominium building at forty-nine percent of the total unit floor area. The ratio is measured by area, not by unit count. A building whose foreign quota is already full cannot transfer another unit into foreign name, so ask the juristic person for the current ratio letter before committing substantial funds — not a few days before the transfer date.
Section 19 ter sets out the evidence a foreign buyer must show the competent official. The most common route is remitting foreign currency into Thailand and converting it to baht to buy the unit, evidenced by documentation from the receiving commercial bank. Banks currently issue a foreign transfer confirmation under Bank of Thailand rules; the document's name and format have changed over time with BOT announcements, so tell the bank at the time of transfer that the funds are for a condominium purchase, and make sure the stated purpose and the buyer's name match the person who will hold title.
The remitter's name should match the buyer. Where funds come from a third party — a spouse or a company — some Land Offices ask for extra documents linking the money to the buyer. Detailed practice varies between local Land Offices, so ask the office where the unit is located rather than assuming another project's experience applies.
The spelling of the buyer's name must be identical across the passport, the sale and purchase agreement, the remittance evidence and the debt-free certificate. Source documents in a language other than Thai or English need a certified translation. Name mismatches are the single most common reason a transfer date slips, and they cannot be corrected on the day.
Registration fees and related taxes are calculated on the appraised value or the sale price under Department of Lands and Revenue Department rules. Some rates have been temporarily adjusted by property stimulus measures, so they vary by period and property type. Confirm the rates actually applied with the local Land Office close to the transfer date and state clearly in the contract which side bears which item.
Documents to prepare
- Buyer's passport, with a certified translation if not in Thai or English
- Foreign-ownership ratio letter from the condominium juristic person
- Debt-free certificate from the juristic person (section 29)
- Bank evidence of foreign currency remitted into Thailand, stating purpose and buyer's name
- Sale and purchase agreement with proof of instalment payments
- The seller's condominium unit title deed (Or.Chor.2)
- Power of attorney (Tor.Dor.21) if the buyer will not attend in person
Order of steps
- Obtain the foreign-ownership ratio letter from the juristic person before signing binding terms
- Remit funds from abroad into a Thai account, telling the bank the purpose and the buyer's name
- Collect the bank's remittance evidence and the juristic person's debt-free certificate
- Arrange certified translations of any foreign-language document the Land Office will need
- Book the transfer appointment at the Land Office for the district where the building stands
- Receive the unit title deed endorsed in the buyer's name and keep a full copy set
Pre-filing checklist
- Confirm the building's 49% quota still has room for the unit's floor area
- Buyer's name is spelled identically on passport, contract and remittance evidence
- Remittance evidence states a purpose linked to the condominium purchase
- Debt-free certificate is recent enough for the Land Office to accept
- Ask the local Land Office what extra documents your specific case needs
- The contract states clearly who bears which fee and tax item
Frequently asked questions
Can a foreigner really own a condominium in Thailand?
Yes. Section 19 bis of the Condominium Act B.E. 2522 allows foreigners to hold, in aggregate, up to forty-nine percent of the total unit floor area in a building, and the buyer must present the evidence listed in section 19 ter to the competent official.
Is the 49% quota counted by units or by area?
By total unit floor area in the building, not by unit count. Ask the juristic person for a ratio letter to see the actual figure for that building.
Must the money always come from abroad?
Section 19 ter lists several qualifying situations. Remitting foreign currency and converting it to baht is the most common. Other categories — such as a permanent resident or a person authorised under investment promotion law — rely on different evidence, so confirm your own status with the Land Office first.
Can the buyer skip the transfer appointment if they are abroad?
Yes, by granting a power of attorney on the Department of Lands form (Tor.Dor.21), signed before an officer at a Royal Thai Embassy or Consulate, or certified through the origin country's chain and then by the Thai Embassy, with the original returned for use at the Land Office.
What is a debt-free certificate and is it required?
It is a letter issued by the condominium juristic person under section 29 of the Condominium Act confirming no outstanding common-area fees. The competent official relies on it to register the transfer, so it cannot be skipped.
How much are the transfer fees?
Fees and taxes are calculated under Department of Lands and Revenue Department rules, and some items have been temporarily adjusted by government measures, so they vary. Check the rates actually applied with the local Land Office before transfer day; our team can help you confirm them.
For a document review before you file at the Land Office, contact us on LINE @nycli, phone +66-83-249-4999 or email nycli@ilc.ltd. Our team will confirm the steps, anything still missing and a realistic timeline.