Buying
Condos, Foreign Quota and the 49/51 rule in plain words
In Thailand you hear the word "condo" everywhere, along with the puzzling "49/51" and "Foreign Quota". Here is a plain explanation of how it all works and what it means for you as a buyer.
In short
- A condo (condominium) is an apartment building where each unit is owned and titled separately.
- Foreigners combined may own no more than 49% of the building's unit floor area: this is the Foreign Quota.
- A Foreign Quota unit is registered to a foreigner permanently: it can be rented out, sold and passed on by inheritance.
What a condo is
A condominium, or simply a condo, is an apartment building registered under the Condominium Act (B.E. 2522). Each unit is a separate piece of property with its own title deed, while the common areas (the land, pools, lifts, lobbies) belong to all owners jointly, in proportion to the size of their units. The building is managed by the juristic person, the owners' body.
A condo unit is the simplest way for a foreigner to own property in Thailand outright.
The 49/51 rule
The law allows foreigners to own condo units, with one limit: foreigners combined may own no more than 49% of the total floor area of all units in the building. The remaining 51% may only be owned by Thai citizens and Thai companies.
- Foreign Quota
- up to 49% of unit floor area
- Thai Quota
- at least 51% of floor area
What the Foreign Quota gives you
If a unit is registered in the Foreign Quota, the foreigner becomes its full legal owner. They can: - live in it; - rent it out in line with the law and the building rules; - sell it; - pass it on by inheritance.
This is not a 30-year lease or a right of residence, but registered ownership with no time limit. Before the transfer is registered, the juristic person issues a letter confirming that the building's foreign quota will not exceed the limit after the transfer.
The money condition
To register a unit in the Foreign Quota, a foreigner must show that the purchase money came from abroad: as a foreign currency transfer into Thailand, or from certain accounts that the law treats as foreign. This is confirmed with documents for the Land Office. We help with payment and with documenting the source of funds, depending on where your money is now. Details in How to transfer money to buy a condo.
What about the Thai Quota
A foreigner cannot register a Thai Quota unit in their name as owner. In such cases a long-term lease (Leasehold) or a Sap Ing Sith right of up to 30 years is used. That is why two units that look the same in one building sometimes have different prices: the form of ownership affects both price and rights. The difference between the forms is explained in Freehold or Leasehold.
What if the quota has run out
In popular buildings the Foreign Quota can sell out right at launch. You then have three options: look for a Foreign Quota unit on the resale market in the same building, choose another project, or consider Leasehold. We always start a search by checking how much foreign quota is left in the project.
FAQ
What is the Foreign Quota?
It is the share of a condominium's floor area, up to 49%, that foreigners can own. The remaining 51% belongs to Thai citizens and companies.
Is a Foreign Quota unit owned permanently?
Yes. It is ownership with no time limit: the unit can be rented out, sold and passed on by inheritance.
Has the quota been raised to 75%?
No. In 2024 the government ordered a study of the idea, but no law has been passed. As of 2026 the 49% limit applies.
Sources
- Condominium Act B.E. 2522, section 19 bis: the 49% limit (Office of the Council of State opinion)
- Tilleke & Gibbins: which foreigners may own a condo unit, section 19
- Department of Lands: registration of condominium units
- Avalon guide: Foreign Quota and the 49/51 rule (in Russian)
This article is for general information and is not legal or tax advice. Laws, fees and project terms change: before a deal we check the current conditions for the specific property.
