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HomeLegalBuying a Condominium
The Thai Condominium Act Explained →
How We Help
Buying a Condominium
in Thailand
A condominium is the most common ownership route for foreign buyers in Thailand — and the one where a title, quota or contract problem is easiest to miss and hardest to unwind. Our Thai legal team checks the purchase, reviews the contracts and prepares the transfer before your money is committed.
Before You Commit
Legal review belongs before the deposit
Most of the risk in a condominium purchase is fixed by the time a reservation fee is paid. The unit either qualifies for foreign freehold ownership or it does not; the seller either has authority to sell or does not; the contract is either balanced or one-sided.
Our role is to establish those things while you can still walk away without cost — and to explain what any problem we find actually means for your purchase.
Review Before the Deposit
A reservation fee and a signed reservation agreement both create commitments. We look at the terms — and the unit's quota position — before that money leaves your account.
Problems Are Cheaper to Find Early
A title issue, an unavailable foreign quota or a one-sided developer contract is straightforward to deal with before you sign. After a deposit, the same problem is a negotiation you are on the wrong side of.
One Legal View of the Whole Purchase
Due diligence, the contract, the way funds enter Thailand and the Land Office transfer are connected. We advise on them together rather than in isolation.
Legal Due Diligence
What our lawyers check on the purchase
Due diligence on a condominium purchase is a defined set of checks. We carry them out against the specific unit and building, and report anything that affects the transaction — not a general survey of Thai property law.
- Ownership of the unit and the condominium title
- Whether the seller or developer has legal authority to sell
- Registered mortgages or charges over the unit
- Outstanding common-area and maintenance fees
- Existing legal disputes affecting the property
- Whether the foreign freehold quota is available for the specific unit
- Compliance with the condominium regulations
- The reservation agreement and the Sale and Purchase Agreement
- Completion and handover documentation
- Seller or developer information relevant to the transaction
The factual detail behind these checks — how Thai title deeds work, what the Condominium Act requires — is in our Property Law reference. Links are at the foot of this page.
Foreign Ownership & the Condominium Quota
We confirm the quota for your unit — before you commit
Checking the foreign freehold position for the specific unit is part of the transaction, not an optional extra. It is the single point that most often stops a purchase completing on the ownership basis the buyer expected.
The 49% Rule
A building can register no more than 49% of its total unit floor area to foreign freehold buyers. Whether the specific unit sits inside that quota is a factual question we confirm with the juristic person before you commit.
It Is Unit by Unit
Quota availability is assessed unit by unit, not building by building. A development with room in its quota overall may have none left for the unit you want.
If the Unit Is Outside the Quota
Where a unit cannot be registered on a foreign freehold basis, we set out the realistic options — a different unit, a leasehold structure or another route — rather than proceeding on an ownership basis that will not register.
Where the Detail Sits
The Condominium Act B.E. 2522, the quota mechanism and the obligations that come with co-ownership are set out in full in our Property Law reference. The Practice page keeps this to what affects your purchase.
The Sale and Purchase Agreement
The contract, reviewed clause by clause
We review — and, where appropriate, draft or negotiate — the reservation agreement, the Sale and Purchase Agreement and any developer contract. Developer contracts in particular are drafted for the developer; the balance usually needs adjusting.
- The parties and the property description
- Purchase price and deposit
- Payment schedule
- Conditions for completion
- Completion date
- Items included in the sale
- Warranties
- Default provisions
- Termination
- Obligations of buyer and seller
- Responsibility for taxes and transfer fees
- Transfer and registration arrangements
Foreign Currency & FET Documentation
Getting the money into Thailand correctly
For a foreign buyer purchasing on a freehold basis, the way funds enter Thailand — and the documentation that records the transfer, commonly a Foreign Exchange Transaction record — can form part of the legal process, not just a banking step.
We advise on what your purchase requires and coordinate with your bank at the start of the transaction. Following that from the outset is considerably easier than correcting the paperwork later.
The Land Office & Transfer
Preparing for legal completion
The transfer at the Land Office is the legal completion of the purchase — the point at which the unit is registered in your name. Most of the legal work should already be done by then.
We assemble the completion documents, coordinate with the seller, developer and juristic person, and confirm the transfer-fee and tax position agreed in the contract, so the registration can proceed in order.
What We Handle
The work on a condominium purchase
The scope of what our team does on a condominium purchase, from first instruction to the unit being registered in your name.
Pre-Reservation Review
Before any deposit is paid we check the foreign freehold quota for the specific unit, the seller or developer's authority to sell, and the reservation agreement — how much is payable, whether it is refundable and what happens if the seller withdraws or a developer delays completion.
Legal Due Diligence
Title and ownership of the unit, registered mortgages or charges, outstanding common-area fees, disputes affecting the property, compliance with the condominium regulations and the completion documentation. Where the factual position needs explaining, we point you to the relevant Property Law reference rather than reproducing it here.
Sale and Purchase Agreement
Review, mark-up and negotiation of the Sale and Purchase Agreement and any developer contract — price, payment schedule, completion, conditions, default, termination and the allocation of taxes and transfer fees between the parties.
Foreign Exchange Transaction (FET) Documentation
Advising on how the purchase funds should be brought into Thailand, and on the documentation the transfer needs to support registration on a foreign freehold basis. This is discussed at the start of the transaction, not left to the week of completion.
Transfer Preparation
Assembling the completion documents and coordinating with the seller, developer and juristic person so the Land Office appointment can proceed — including confirming the transfer-fee and tax position agreed in the contract.
Support Through Completion
The transfer at the Land Office is the legal completion of the transaction. We prepare the paperwork and the fee position so the registration completes correctly and the unit is registered in your name.
What to Prepare
What we need from you
Having the following ready when you instruct us means the checks and the contract review can begin without a second round of requests.
- Passport for each buyer, and each buyer's details if the purchase is joint
- The reservation agreement or draft Sale and Purchase Agreement, if you have one
- The developer's or seller's brochure, specification and floor plan
- The unit number, floor and building name
- Any title documents or unit details the seller has provided
- How you intend to fund the purchase, and the country the funds will come from
- Your bank's details for the international transfer
- Correspondence with the seller or agent recording agreed terms
- Your intended completion or transfer date
Exact requirements depend on the transaction and on whether the purchase is off-plan or resale. We will tell you what is relevant to your purchase once we understand it.
How We Help
From first instruction to registration
Six steps, from the first conversation about the unit through to the transfer at the Land Office.
01
Understand the Proposed Purchase
Establish which unit, which building, whether it is off-plan or resale, how you intend to hold it, how it will be funded and what you have already signed or paid.
02
Review the Legal Position
Consider the purchase against Thai condominium law and the foreign freehold requirements — in particular whether the specific unit can be registered in your name.
03
Carry Out Due Diligence
Check title and ownership, registered charges, outstanding fees, disputes, quota availability and the condominium regulations, and report anything that affects the purchase.
04
Review the Contract
Review, mark up and negotiate the reservation agreement, the Sale and Purchase Agreement and any developer contract, and explain the provisions that expose you before you sign.
05
Prepare for Transfer
Advise on the FET documentation and the way funds enter Thailand, assemble the completion documents and confirm the transfer-fee and tax position ahead of the Land Office appointment.
06
Support the Transaction Through Completion
Coordinate the parties through to the transfer at the Land Office so the registration completes and the unit is registered in your name.
Before You Instruct Us
Questions buyers ask us first
Q
Do I need a lawyer to buy a condominium in Thailand?
In our view, yes. Independent legal review before you are committed is one of the most effective protections in the process — it is far easier to identify a title, quota or contract problem before a deposit is paid than to unwind it afterwards.
Q
Can I own a condominium in my own name?
In many cases, yes — provided the legal requirements for foreign ownership are met and the building's foreign freehold quota has room for the specific unit. We confirm both before you commit.
Q
When should I involve the legal team?
Before you sign a reservation agreement or pay any deposit. Early involvement lets us check the unit's quota position, the seller's authority to sell and the reservation terms while your money is still your own.
Q
Should I buy off-plan or resale?
Neither is automatically better, and the choice is yours. What matters legally is that the due diligence and contract review are done properly for whichever route you take — the checks on an off-plan developer contract are not the same as those on a resale purchase.
Q
Can I rent out the condominium once I own it?
Often yes, but Thai law and the building's own regulations both apply, and many buildings restrict short-term letting. We can review the position for a specific building on request.
Related Resources
Condominiums and property in Thailand
This page covers how the firm helps with the purchase. The factual detail behind each area — the Condominium Act, title deeds, transfer taxes — lives in the Property Law reference.
The Thai Condominium Act Explained
→Reference: how the Condominium Act B.E. 2522, the juristic person, the foreign quota and co-ownership obligations work.
Sale and Purchase Agreement
→Reference: the SPA in Thai property purchases, clause by clause.
Transfer Fees & Taxes
→Reference: transfer fee, specific business tax, stamp duty and withholding tax at the Land Office.
Property Due Diligence
→Our due-diligence service across Thai property transactions.
Choosing a Property Lawyer
→What to look for when instructing a lawyer for a Thai property purchase.
Lawyers for Expats Thailand, 2026. This page is general information about our condominium purchase service and does not constitute legal advice. The checks, documents and steps relevant to any particular purchase depend on the transaction and the parties. Contact us for advice on your specific circumstances.