Foreign Quota Condo Ownership in Thailand, Explained

What "Foreign Quota"Means

Thailand's Condominium Act B.E. 2522 (1979) is the law that makes it possible for a non-Thai national to own real property outright in Thailand something that is not generally possible with land. Under the Act, foreigners can hold freehold title to individual condominium units, provided the total floor area owned by foreigners in that building does not exceed 49% of the total saleable area of all units in the building.

That 49% ceiling is what people mean when they talk about a building's "Foreign Quota,"often shortened to FQ. The remaining 51% (or more) of the building must stay in Thai ownership either Thai individuals or Thai-majority companies. A unit sold within the quota can be transferred at the Land Department directly into a foreign buyer's name, with a title deed (chanote) issued in that person's name, the same as it would be for a Thai buyer.

Foreign Quota vs. Thai Quota

Foreign Quota (FQ)

Purchased and registered directly in the foreign buyer's name as freehold. This is the simplest, cleanest, and most commonly recommended structure for foreign buyers, since ownership is unambiguous and the unit can later be resold to another foreign buyer within quota, or to a Thai buyer.

Thai Quota / Non-Quota

Once a building's 49% foreign allowance is full, remaining units can still be bought by a foreign national, but not registered as freehold in their own name. The two common alternatives are:

• Leasehold a registered lease, typically for an initial term of up to 30 years, sometimes with renewal options written into the contract (though renewals beyond the first 30-year term are not automatically guaranteed by Thai law and depend on the freeholder honoring the agreement).
• Thai company ownership a Thai-majority limited company holds the freehold unit. This structure carries real legal and regulatory complexity, ongoing company maintenance costs, and scrutiny from authorities if the Thai shareholders are found to be nominees. It should only be set up with proper legal advice.

How to Verify a Building's Quota

1. Ask the developer or the juristic person (building management office) for the current foreign-ownership percentage in writing.
2. For resale units, your agent or lawyer can request quota confirmation from the juristic person as part of due diligence before you sign a Sale and Purchase Agreement.
3. Confirm the specific unit is being sold "in quota"the quota is building-wide, not unit-specific, so quota availability can change as other units in the same building are bought and sold.

Moving Money Into Thailand

To register a Foreign Quota unit in your name, the Land Department requires proof that the full purchase price was remitted into Thailand from abroad in foreign currency. In practice this means:

• The funds must be transferred from your overseas bank account to a Thai bank account (yours, the seller's, or an escrow arrangement, depending on the deal) not paid in cash or transferred domestically within Thailand.
• For larger transfers, the receiving Thai bank issues a Foreign Exchange Transaction (FET) form confirming the funds arrived from overseas for the purpose of purchasing a condominium. This form (or an equivalent bank credit advice for smaller amounts) is presented at the Land Department on transfer day.
• The transfer purpose should be clearly stated as "purchase of condominium"when you or your bank initiate the wire, so the paperwork lines up correctly.

Costs to Expect at Transfer

Transfer costs are typically shared or negotiated between buyer and seller, and vary by deal, but the standard government fees are:

• Transfer fee: 2% of the Land Department's appraised value of the unit.
• Specific Business Tax: 3.3% if the seller has held the unit for less than 5 years, in lieu of stamp duty.
• Stamp duty: 0.5% if the seller has held the unit for 5 years or more (and Specific Business Tax does not apply).
• Withholding tax on the seller's side, calculated differently depending on whether the seller is an individual or a juristic entity.

Who pays what is a matter of negotiation and is usually set out in the reservation agreement or Sale and Purchase Agreement it's worth confirming this in writing early rather than assuming a default split.

Key Takeaways

• Foreign Quota lets you own a Thai condo unit outright, in your own name, the same as a Thai national would.
• The 49% cap applies to the whole building, not per floor or per unit always verify current availability before committing.
• Funds must be transferred into Thailand from overseas in foreign currency, with proper bank documentation (FET form), to register foreign ownership.
• If a building's quota is full, leasehold is the more transparent alternative to a Thai company structure for most individual buyers.
• Have a Thai lawyer review the title deed and Sale and Purchase Agreement before you sign anything or send a deposit.