Buying a Condo in Thailand as a Foreigner:
- Kanokpich Ukritdutsadee
- Nov 24, 2025
- 6 min read
Updated: Jan 26
Buying a Condo in Thailand as a Foreigner: The Clear, Practical Guide (2025)
Are you thinking about owning a place in Thailand without getting tangled in land-ownership rules? Condominiums are the straightforward path for non-Thais. You can hold a freehold title in your own name, as long as you follow a few key rules. Here’s a simple, no-nonsense guide covering eligibility, the 49% foreign quota, money-transfer (FET) requirements, fees/taxes, documents, due diligence, and common pitfalls.
1) What Foreigners Can Own (and the 49% Rule)
Foreigners may own a registered condominium unit freehold in their personal name, provided the building’s foreign quota is not full. By law, the foreign quota is capped at 49% of the total sellable area of all units in the building. The remaining 51% must be owned by Thai nationals or entities. Always check the current quota with the condo juristic office before paying a booking fee or signing anything.
If the foreign quota is full, your alternatives are typically a 30-year leasehold, buying in a different project, or waiting for the quota to free up via resales. Be cautious with company or spouse/nominee “workarounds,” as they carry legal and compliance risks. Speak with a qualified lawyer first.
2) The Money Path: FET Forms and Proof of Foreign Funds
To register foreign freehold ownership, Thailand requires proof that the purchase funds came from overseas in foreign currency. These funds must be converted to THB in Thailand for the purpose of buying a condo. The bank issues a Foreign Exchange Transaction (FET) form or bank credit advice when under thresholds. You’ll need to show this at the Land Office during the transfer.
Key Points:
Send the funds from your overseas account in foreign currency. State the purpose as property purchase, and ensure your name matches the sale contract.
Keep the original FET/credit advice. No FET means no freehold registration.
3) Taxes, Fees, and Who Usually Pays What
These costs are due at transfer. Parties can negotiate, but here’s the customary breakdown:
Transfer fee: 2% of the Land Department’s assessed value (often split 50/50 or paid by the buyer—negotiable).
Specific Business Tax (SBT): 3.3% (3% + 10% municipal levy) if the seller has owned the property for less than 5 years or is deemed to be trading for profit—usually paid by the seller.
Stamp duty: 0.5% (generally charged when SBT is not applicable)—usually paid by the seller.
Withholding tax: Varies by seller type (company vs. individual). For individuals, it’s based on a formula using assessed value and years owned—usually paid by the seller.
Tip: Always ask your lawyer for a “closing cost sheet” showing each line item and who pays what for this deal.
4) Essential Documents You’ll Use
Here’s a list of essential documents:
Sales & Purchase Agreement (SPA) and reservation/booking receipts.
FET form or credit advice showing foreign funds and purpose.
Condominium unit title deed (issued at transfer).
Juristic office letters to confirm foreign quota availability and no outstanding common-area fees.
Seller’s ID/company documents and building compliance documents (for off-plan purchases, see Section 6).
Note on the Yellow House Book (Tabien Baan): Some foreigners obtain a yellow house book for administrative convenience. However, it is not proof of ownership and isn’t required to own or transfer a condo. Your title deed is what matters.
5) How the Process Typically Flows
The process usually flows as follows:
Shortlist & check the quota with the juristic office (is there space under the 49% cap?).
Reservation & SPA (add a lawyer review clause).
Send funds from overseas in foreign currency and obtain FET/bank letter.
Transfer at the Land Office: present FET, pay taxes/fees, and receive the title deed in your name.
Post-transfer: register with the juristic office, pay the sinking fund (if applicable), and annual/common-area fees.
6) Resale vs. Off-Plan (New Build)
Resale:
Faster transfer.
You can inspect the actual unit.
Check real maintenance and juristic performance.
Verify there are no arrears.
Off-Plan:
The developer will guide payment schedules.
You must remit foreign currency and keep FET records for the final transfer.
Confirm the EIA/building permits, escrow/payment protections, developer track record, and what’s included (furniture, appliances, guarantees).
Note: Developers and law firms reiterate the FET requirement even for staged payments.
7) Financing Options for Foreigners
Cash is the most common method of payment. A few banks and developers offer limited financing to non-residents, but with strict criteria. Expect higher deposits and rates. If you plan to finance, speak early with lenders. Ensure any mortgage structure still results in you obtaining the FET evidence for freehold registration.
8) Inheritance & Succession
Foreigners can inherit condo units, but the heir must also qualify for foreign ownership (quota space + foreign-funds proof). If they don’t qualify—or if the building’s foreign quota is already full—the law generally requires disposal within one year. Plan beneficiaries and documents accordingly.
9) Due-Diligence Checklist (Use This to Avoid Headaches)
Here’s a checklist to help you avoid potential headaches:
Obtain a foreign quota letter from the juristic office (in writing).
Check the developer/building health: permits, completion status, litigation, reserve/sinking fund level, and historical special assessments.
Review common-area fees: current rate, payment cycle, arrears policy, and upcoming projects.
Inspect the unit for structural issues, water pressure, AC age, balcony waterproofing, and appliance serial numbers.
Investigate neighboring projects for any planned construction that may affect views or noise.
Review contract terms: delivery dates, penalties, specifications list, snagging rights, and handover process.
Request a closing statement that details line-item taxes/fees split and exact cashier’s-cheque amounts.
10) Frequently Asked Questions
Q: Can I buy via my Thai spouse or a Thai company to “get around” the 49%?
A: This is risky. Authorities scrutinize nominee arrangements, and you can jeopardize the title. It’s safer to buy a foreign-freehold unit within quota or use a properly drafted lease. Always get independent legal advice.
Q: Do I really need the FET form? I already have THB in a Thai account.
A: Yes. Foreign currency must be brought in and documented for foreign freehold registration. Without the FET or credit advice, the Land Office can reject your registration.
Q: Who sets the taxes and fees at transfer?
A: They’re set by law and calculated on the assessed value or transaction value (depending on the tax). Parties can negotiate who bears each item, but the rates aren’t negotiable.
Q: Does a Yellow House Book prove I own my condo?
A: No. It’s a residence record only; the title deed proves ownership.
11) Quick Recap: The “Program” in One Page
Eligibility: Any foreigner can own a registered condo unit freehold if the project’s foreign quota (49%) isn’t full.
Money path: Move purchase funds from overseas in foreign currency; keep the FET (or bank credit advice) for Land Office transfer.
Costs at transfer: Expect a 2% transfer fee (assessed value) + seller-side SBT 3.3% or stamp 0.5%; split varies by negotiation.
Docs: SPA, FET, quota confirmation, and a clean dues letter from the juristic office.
Pitfalls to avoid: Paying a deposit before confirming quota, failing to bring in funds correctly (no FET), ignoring building finances, or relying on risky nominee structures.
Contact Lawyers for Expats Thailand to be legal and safe.
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About the Author:
Kanokpich Ukritdutsadee, widely known as Lawyer Pook, is a highly experienced Thai lawyer and barrister serving as the head and managing director of Lawyers for Expats Thailand (www.lawyersforexpatsthailand.com).
With over 21 years of qualification and practice (celebrating her 21st anniversary in the profession as noted in recent updates), she has dedicated her career to addressing the unique legal needs of foreigners living, working, and investing in Thailand. Her expertise spans key areas such as property law, immigration and visas, business setup, matrimonial law (including prenuptial and postnuptial agreements), company formation, wills, and civil/criminal matters, always emphasizing legal compliance and safe solutions for expats and their families.
Lawyer Pook leads a dedicated team focused exclusively on expat clients, combining deep legal knowledge with a compassionate and kind approach. She and her firm are committed to working from the heart, providing empathetic, practical guidance to help foreigners navigate Thailand's legal landscape securely and effectively. Her practice reflects both professional excellence and a genuine care for her clients' well-being.