Buying a condo in Thailand
Thailand remains one of Asia's most active foreign condo markets because the Condominium Act allows qualified foreigners freehold unit ownership. Land law prohibits bare land ownership, so registered condominiums are the primary legal path for expats who want title in their own name.
At Thai Visa Centre in Bangkok, we see buyers weekly who confuse marketing language with registered title. This guide explains what a Thai condo is, who may buy, and the full purchase process for June 2026. Start with our due diligence checklist and property lawyer guide before paying any deposit.
Condominium Act Section 19 caps foreign ownership per building sellable area.
Only Condominium Act projects grant foreign freehold unit title.
Remit purchase funds from abroad and obtain bank exchange documentation.
Department of Lands registers condominium unit title in your name.
Condo vs apartment in Thailand
Marketing uses the word condo loosely. Legally, only buildings registered under the Condominium Act offer foreign freehold unit title at Land Department. Always ask for Condominium Act registration confirmation, not just advertising copy.
| Property type | Foreign ownership |
|---|---|
| Condominium (Condominium Act) | Foreign freehold within 49% quota; Land Department unit title |
| Apartment building (unregistered) | Usually leasehold only; no freehold unit deed |
| Resort villa marketing | Often leasehold or company structure; higher legal risk |
| Off-plan project | Requires developer licence check and strong refund clauses |
Full purchase process
Follow this sequence from first offer to registered title. Transfers complete at the Department of Lands or its provincial offices. Your lawyer confirms which branch handles your unit.
Confirm foreign quota
Request juristic person foreign ownership report in writing. Confirm your unit does not push quota over limit. Repeat if months pass before transfer.
Due diligence and title search
Verify seller identity, encumbrances, building permits, and that unit sits inside foreign quota. Never sign before title search completes.
Open bank account and remit funds
Wire purchase funds from abroad in foreign currency. Thai bank issues Foreign Exchange Transaction Form with condominium purchase purpose.
Sign sale and purchase agreement
Execute bilingual SPA after independent lawyer review. Verify fee allocation, transfer date, and deposit refund conditions.
Transfer at Land Department
Both parties attend with deed, SPA, tax payments, FET, and juristic clearance. Verify passport name spelling on new title deed.
Post-transfer planning
Draft Thai will, understand CAM fees and sinking fund, and align long-stay visa separately from ownership.
Who is eligible to buy?
Foreigners legally admitted to Thailand may purchase if they fall under Condominium Act categories. You need not hold permanent residence. A valid Non-Immigrant visa or eligible entry category suffices at transfer.
- Individuals with valid immigration status at transfer date
- BOI-promoted persons where applicable under Land Code provisions
- Qualifying juristic persons under Condominium Act rules
- Funds remitted from abroad with FET or approved equivalent documentation
- Unit within remaining foreign quota of the building
Verify licensing before you hire counsel
Use a licensed Thai attorney registered with the Lawyers Council of Thailand. Independent counsel who does not represent the developer on the same deal protects your deposit and title outcome.
Transfer fees and taxes
Typical registration costs include 2% transfer fee plus stamp duty, withholding, and business tax depending on seller holding period. Negotiate fee split in SPA before signing. Exchange control follows Bank of Thailand rules for purchase remittance.
| Property type | Foreign ownership |
|---|---|
| Transfer fee (2%) | Often split 50/50 or paid by buyer per SPA |
| Stamp duty | Usually seller if exempt from business tax |
| Withholding tax | Seller based on registered value and holding period |
| Specific business tax | Seller if owned less than five years |
| CAM and sinking fund | Ongoing owner obligations after transfer |
Browse 0 or read our 1 if retirement proof overlaps with purchase remittances.
Common mistakes foreigners make
These errors appear repeatedly in property disputes involving foreign buyers. Most are preventable with early lawyer engagement and independent title search before any deposit.
- Treating leasehold as freehold, especially in resort markets
- Using nominee Thai company to hold land-linked villas
- Under-declaring price at Land Office causing reassessment delays
- Living on tourist visa with no long-stay plan while holding property
- Splitting remittance without aggregate FET covering full purchase price
Frequently asked questions
General answers for expats buying property in Thailand. This is orientation, not legal advice for your specific transaction.
Q:Do I need a sale and purchase agreement?
A:Yes. Oral deals are unenforceable for Land Department transfer. SPA must align Thai and English versions.
Q:Can I use crypto to buy a condo?
A:Banks and Land Office require traceable fiat remittance. Crypto direct payment is not accepted for foreign ownership registration.
Q:Does marriage to a Thai national increase quota?
A:Thai spouse buys under Thai quota separately. Marriage does not expand the foreign 49% pool.
Q:Can I use baht already in Thailand?
A:Foreign buyers generally must show funds entered Thailand from abroad for condominium purchase. Consult your lawyer and bank on FET requirements.
Q:What if foreign quota fills before transfer?
A:Registration will be refused. Re-check quota immediately before deposit and again before transfer day.
Q:Do I need a Thai will?
A:Foreign wills may not protect your unit on death. Draft Thai will or consult probate counsel after transfer.
Q:How long does the process take?
A:Resale with clean title often completes in four to eight weeks. Off-plan follows construction and developer schedule.
Q:Which official bodies govern purchase?
A:Department of Lands registers title. Bank of Thailand rules govern purchase remittance. Condominium Act sets foreign quota limits.