Révisé par ThaiLawOnline, un cabinet d'avocats thaïlandais agréé exerçant en Thaïlande depuis 2006. Avocate thaïlandaise en charge du dossier : Wichuda Atthamethakon, LL.M., licence du barreau thaïlandais 3149/2556.
Dernière mise à jour le 5 septembre 2026
Le foreign quota (โควตาต่างชาติ, also called the foreigner quota ou 49% quota) is the ceiling in the Condominium Act B.E. 2522 on how much of a condominium building may be owned by foreigners: not more than 49% of the total area of all units in the project. It is the reason a foreigner can buy a condominium freehold at all, and also the reason a particular unit can be unavailable to a foreign buyer even when the building is half empty. The quota is counted in square metres, not in units, and it is the personne morale that keeps the tally.
Table des matières
How the 49% quota works under the Condominium Act
The rule is in Section 19 bis of the Loi sur les condominiums. Foreigners and foreign-owned companies may together hold units whose combined area does not exceed 49% of the total area of all units in the condominium, measured against the figure fixed when the building was registered. A 100-unit building with units of different sizes may therefore run out of quota after 40 sales or after 60, depending on which units foreigners bought.
Le Bureau foncier will not register a transfer to a foreigner unless the condominium juristic person confirms in writing that the unit fits within the quota. The buyer must also show that the price was brought into Thailand in foreign currency, evidenced by an FET form or bank credit advice, and provide a debt-free certificate showing that common area fees are paid up. Units held by foreigners are recorded on the foreign side of the register; when a foreigner sells to a Thai, that area returns to the Thai quota.
Checking the quota before paying a deposit
The quota letter is the first document to ask for. It comes from the juristic person office in the building (or the developer’s sales office for a new project) and states the total area of all units, the area already held by foreigners and the area still available. A verbal assurance from an agent is worth nothing. In older buildings in Bangkok, Pattaya and Hua Hin the foreign side is often full, and agents sometimes know this before showing the unit.
In a new development the quota is allocated as units are sold, so the sale contract should state that the unit is sold under the foreign quota and give a refund if the developer cannot deliver it. The risk of paying a deposit on a unit that turns out to be Thai quota is discussed in the guide on achat d'un condominium en Thaïlande.
The common mistake is to assume the quota applies to the number of units. It applies to area, so a foreigner wanting a large penthouse may find that the remaining quota, though sufficient for a studio, is a few square metres short.
When the foreign quota is full
Once the foreign side is full, a foreigner cannot take freehold title, and the alternatives carry more risk. A registered lease of up to 30 years is lawful but is a tenancy, not ownership, and cannot be renewed automatically. A usufruct is possible over a unit. Buying through a Thai company whose actionnaires are nominees is an offence for everyone involved and has been the target of Land Department circulars since May 2026. The options are ranked in the guide on what to do when the foreign quota is full.
| Itinéraire | Registered right | Main drawback |
|---|---|---|
| Freehold within the 49% quota | Possession | Quota may be exhausted |
| 30-year registered lease | Tenancy | Ends at 30 years, no automatic renewal |
| Usufruct over the unit | Right to use for life | Not inheritable, not resaleable |
| Thai company with nominees | Ownership on paper | Unlawful, unit at risk |
Proposals to raise the ceiling to 75% have been debated more than once. Until an amendment is published in the Royal Gazette, the figure in the Act is 49%.
Foire aux questions
What is the foreign quota for condos in Thailand?
Foreigners may own, in total, no more than 49% of the combined area of all units in a condominium building. The other 51% must be held by Thai nationals or Thai companies. The limit is set by the Condominium Act and is measured in square metres, not in the number of units.
How do I know if a condo unit is in the foreign quota?
Ask the condominium juristic person for a written quota letter showing the total unit area, the area already owned by foreigners and the area still available. The Land Office requires this confirmation before it will register a transfer to a foreigner, so obtain it before paying any deposit.
What happens if the foreign quota is full?
The unit cannot be transferred to a foreigner as freehold. The buyer can wait for a foreign-owned unit to be sold to a Thai, take a registered 30-year lease, or register a usufruct. Using a Thai company with nominee shareholders to get around the quota is unlawful.
Voir aussi : Condominium Act B.E. 2522, FET form, Condominium juristic person, Candidat, Acheter un appartement en Thaïlande ET Thailand’s 75% Condo Quota Proposal.
Actualités juridiques thaïlandaises, gratuites par courriel
Des informations claires et concises sur les changements législatifs thaïlandais concernant les étrangers : propriété, visas, mariage, affaires et testaments. Un court courriel par mois, envoyé par un cabinet d’avocats établi depuis 2006. Zéro spam, désabonnement possible à tout moment.