How Foreigners Own Condos in Thailand — Step-by-Step Guide 2026
Foreigners own condos in Thailand through freehold title under the Condominium Act. This step-by-step guide covers the exact legal process, required documents, and costs.
How Foreigners Own Condos in Thailand — Step-by-Step Guide 2026
Foreigners own condos in Thailand under freehold title through the Condominium Act B.E. 2522 (1979), which explicitly grants non-Thai nationals the right to own individual condominium units registered in their personal name at the Land Department. The process requires proof that purchase funds were transferred into Thailand in foreign currency, verified by a Foreign Exchange Transaction (FET) form from the receiving bank — a mandatory requirement that protects both your ownership registration and your right to repatriate proceeds when selling.
Want personalized property advice?
Our experts answer in 2 hours. 0% buyer commission.



The Legal Framework: What Makes Condo Ownership Possible
The Condominium Act creates a legal separation between individual units and the common areas of a building. Each unit has its own title deed (Chanote) issued by the Land Department — independent of the land beneath the building (which remains registered under a different title). This structure is what allows foreigners to own units while being prohibited from owning the land.
| Legal Document | What It Does | Who Holds It |
|---|---|---|
| Condominium Registration | Registers the entire building as a condominium | Land Department |
| Individual Unit Title (Chanote) | Proves ownership of specific unit | Unit owner |
| Foreign Exchange Transaction (FET) Form | Proves funds were transferred from abroad | Buyer (essential for registration) |
| Sale and Purchase Agreement | Governs the transaction terms | Both parties |
| House Registration Book | Registers your address | Optional for foreigners |
Want personalized property advice?
Our experts answer in 2 hours. 0% buyer commission.
Step-by-Step: How to Own a Condo in Thailand as a Foreigner
Step 1: Verify Foreign Quota Availability
Before falling in love with a unit, confirm the building’s foreign quota status with the developer or seller. The Land Department tracks this per building — in popular developments, the 49% foreign quota sells out quickly.
How to check:
- Ask the developer/agent for the current quota status document from the Land Department
- Verify in writing that your specific unit is within the foreign quota allocation
- For resale units, confirm the existing owner’s title is foreign-quota freehold
Step 2: Engage a Thai Property Lawyer
This is not optional for serious buyers. A Thai lawyer (expect THB 20,000–60,000 in fees, roughly $600–$1,800) will:
- Conduct title due diligence — verify the Chanote is clean, no encumbrances or disputes
- Review the Sale and Purchase Agreement for onerous clauses
- Confirm condominium registration is valid and complete
- Verify the developer’s license and project permits (for off-plan)
- Manage Land Department registration
Step 3: Pay the Booking Fee
A booking fee (THB 50,000–200,000, approximately $1,500–$6,000 for most Phuket projects) reserves the unit while documentation is prepared. This fee is typically deducted from the purchase price and is usually non-refundable if you withdraw without cause.
Step 4: Transfer Funds from Abroad
This is the most legally critical step for foreigners. For freehold condo ownership:
- Wire the purchase price in foreign currency (USD, EUR, GBP, AUD, etc.) from your overseas bank account to a Thai commercial bank
- The Thai bank converts the currency to Thai Baht and issues a Foreign Exchange Transaction (FET) form
- The FET form must state “for the purpose of purchasing condominium” (or similar)
- Keep the FET form — it is required at Land Department registration and for future repatriation
Amount: Transfer the full purchase price. If the booking fee was paid separately, the FET must cover at minimum the purchase price minus any locally paid amounts — consult your lawyer on structuring.
Important: Funds transferred domestically within Thailand (Thai Baht) do not qualify. The funds must arrive as foreign currency. This requirement exists to ensure foreign buyers are bringing new investment into the country.
Step 5: Sign the Sale and Purchase Agreement
The SPA is the binding contract of sale. For off-plan purchases, it governs:
- Payment schedule (typically 30–50% down, installments during construction, balance at completion)
- Unit specifications and finish standards
- Completion date and penalties for delay
- Warranty terms post-completion
- Force majeure provisions
For resale purchases, the SPA is simpler — purchase price, conditions, completion date.
Review timeline: Allow 3–7 days for lawyer review. Never sign under pressure at presentation events without legal review.
Step 6: Make Installment Payments (Off-Plan Only)
For off-plan condos, typical payment structures in Phuket:
| Stage | Typical % | Notes |
|---|---|---|
| Booking fee | 1–3% | Secures the unit |
| Contract signing | 20–30% | Within 30 days of booking |
| Construction milestones | 20–30% | 2–4 payments during build |
| Completion / handover | 30–40% | Balance on key handover |
Each installment for freehold purchases should ideally be transferred as foreign currency — though in practice, the Land Department requires the FET to cover at minimum the purchase price.
Step 7: Snagging and Unit Inspection
Before accepting handover of an off-plan unit:
- Inspect thoroughly with a checklist (finish quality, fixtures, plumbing, electrical)
- Document all defects in writing to the developer
- Developers typically have a 30–90 day snag rectification period
- Only sign the handover acceptance form when satisfied (you lose leverage after signing)
Step 8: Land Department Title Transfer
The final step — the moment you become the legal owner:
What happens at the Land Department:
- Buyer and seller (or their attorneys via POA) attend in person
- FET form is presented as proof of foreign funds
- Passport is verified against the title deed application
- Government fees are paid (see table below)
- New Chanote is issued in your name — you receive the physical title deed
Time required: 1–3 hours at the Land Department; title deed available same day.
Can be done remotely: Yes — a notarized Power of Attorney allows your Thai lawyer to attend on your behalf.
Costs at Land Department Registration
| Fee | Rate | On What Basis | Who Pays |
|---|---|---|---|
| Transfer fee | 2% | Government appraised value | Typically 50/50 by convention |
| Specific Business Tax (SBT) | 3.3% | Sale price or appraised value (higher) | Seller (if held less than 5 years) |
| Stamp duty | 0.5% | Sale price | Seller (if SBT exempt, i.e., held 5+ years) |
| Withholding tax | Progressive scale | Seller’s gain | Seller |
| Lawyer fee | 0.5–1% | Purchase price | Buyer |
Example: For a $200,000 condo with $120,000 appraised value:
- Transfer fee: $2,400 (2% of $120,000) — split $1,200 each
- SBT: Seller pays if selling within 5 years
- Your total cost: lawyer fee ($1,000–$2,000) + $1,200 transfer share = ~$2,200–$3,200
Off-Plan vs Resale: Which Process Is Different?
| Factor | Off-Plan | Resale |
|---|---|---|
| Time to title | 1–4 years (completion) | 4–8 weeks |
| Price | 10–30% below market (early stage) | Market price |
| Payment | Installments over construction | Typically lump sum |
| Risk | Developer/construction risk | What you see is what you get |
| Foreign quota | Reserved at booking; guaranteed | Must verify current status |
| Inspection | Snagging process on handover | Inspect before signing |
Pros and Cons of Condo Ownership for Foreigners
Pros
- Full freehold title — strongest legal protection available to foreigners in Thailand
- Individual Chanote deed — your name, your unit, registered at the Land Department
- Freely transferable — sell, rent, or bequeath without restriction
- No annual mortgage — most foreigners buy outright; no ongoing payment commitments
- Rental income — 6–10% gross yields in Phuket’s managed condo sector
- Remote ownership — professional rental management companies handle everything
Cons
- FET form requirement — funds must originate from abroad; local Baht funds don’t qualify
- 49% foreign quota — in popular buildings, quota may be exhausted
- No Thai mortgage — buyer must finance entirely from personal or developer payment plans
- Off-plan delivery risk — construction delays and developer insolvency are genuine risks
- Sinking fund and maintenance fees — ongoing costs of 30–80 THB/m²/month for upkeep
Frequently Asked Questions
The FET form (formerly called Tor Tor 3) is a document issued by a Thai bank confirming that you transferred foreign currency into Thailand and it was converted to Thai Baht. It proves the funds originated outside Thailand — a requirement for Land Department registration of foreign-owned condo units. Without an FET form, the Land Department will not register freehold title in a foreigner's name.
Yes. For freehold condos within the 49% foreign quota, the title deed (Chanote) is issued with the foreign buyer's full legal name as it appears on their passport. This is a full legal title — not a nominee, trust, or company structure.
For resale condos: 4–8 weeks from agreement to Land Department registration. For off-plan condos: the title transfers only on completion of construction, which typically takes 1–4 years from purchase date. The SPA is signed early; the title deed is issued at completion.
Yes. Remote purchases are common. You sign the SPA via email or through your lawyer using a Power of Attorney. The POA must be notarized in your home country and apostilled. Your lawyer then attends the Land Department registration on your behalf. MORE Group has facilitated hundreds of remote transactions for international clients.
Yes. Freehold condo units are inheritable under Thai law. You should have a valid will — ideally both a Thai will (covering Thai assets) and a will in your home country. Without a will, Thai inheritance laws apply, which may not distribute assets as you intend. The probate process for foreigners in Thailand can take 6–18 months.
Yes, but minimal. Thailand introduced the Land and Building Tax in 2020. For residential condos with an appraised value under THB 50 million (approximately $1.4 million), the rate is 0.02–0.1% of the appraised value annually. For a $200,000 condo with a $120,000 appraised value, the annual tax is approximately $24–$120 — far lower than property tax in most Western countries.
Read Also
- Can Foreigners Buy Property in Thailand? Complete Ownership Guide
- Foreign Quota in Thai Condominiums — Explained
- Thailand Condo Title Deed (Chanote) Explained
- Due Diligence When Buying Property in Thailand
- Phuket Property Market Prices 2026
Get a Free Property Consultation
Tell us your budget and goals — our expert will contact you within 2 hours.
MORE Group
Phuket Real Estate Experts
The MORE Group team has helped 500+ European and American buyers purchase property in Thailand. We provide legal support, 0% commission, and on-the-ground expertise since 2018.
Get a Free Property Consultation
Tell us your budget and goals — our expert will contact you within 2 hours.