Reviewed by ThaiLawOnline, a licensed Thai law firm practising in Thailand since 2006. Thai lawyer of record: Wichuda Atthamethakon, LL.M., Thai Bar Licence 3149/2556.
Last updated on September 5, 2026
The Condominium Act B.E. 2522 (1979) (พระราชบัญญัติอาคารชุด พ.ศ. 2522, Phra Ratchabanyat Akhan Chut, sometimes the Condo Act) is the Thai statute that creates the condominium as a legal form: individual ownership of a unit combined with co-ownership of the land and common property. It is the only route by which a foreigner can own real property in Thailand outright, subject to the 49% foreign quota. The Act also sets up the condominium juristic person, fixes the rules on common expenses and, since the 2008 amendment, imposes a standard sale contract on developers.
Table of Contents
What the Condominium Act establishes
A condominium exists only once it is registered with the Land Department under the Act. The developer files the building plans, the unit list and the regulations, and the Land Office issues a separate title deed for each unit (the Or Chor 2) showing the unit area and its ownership ratio in the common property. From then on each unit can be sold, mortgaged and inherited on its own, which is what separates a condominium from an apartment block owned by one landlord.
Section 19 lists who may own a unit as a foreigner: a foreigner with permanent residence, one admitted under investment promotion law, a foreign juristic person and, in practice the main category, a foreigner who brings the purchase price into Thailand in foreign currency. Section 19 bis caps the total area held by all foreigners at 49% of the area of all units, and Section 19 ter lists the evidence the Land Office needs, chiefly the FET form. Section 18 makes every co-owner liable for common expenses in proportion to their ownership ratio, and Section 29 bars the transfer of a unit without a certificate from the juristic person that those expenses are paid.
Where a foreign buyer meets the Act in practice
The 2008 amendment (Act No. 4, B.E. 2551) is the buyer’s friend. It obliges developers selling units to the public to use the standard contract prescribed by ministerial regulation, and any term less favourable to the buyer than the standard form is void. It also tightened the duties of the juristic person manager and gave co-owners the right to inspect the accounts.
At the transfer, the Land Office checks four things drawn from the Act: the quota letter, the FET evidence, the debt-free certificate under Section 29 and the identity documents of both parties. The transfer fee of 2% of the appraised value and the seller’s taxes are paid at the same counter. Owners meet the Act again at the annual general meeting, where budgets, the manager’s appointment and changes to the regulations are voted in proportion to ownership ratios.
The common mistake is to sign a developer’s own contract without checking it against the standard form, or to buy in a building that was never registered as a condominium at all (a licensed apartment block sold as a “condo”), in which case none of the Act’s protections apply.
Condominium Act compared with the Land Code
The Land Code governs land, and under Section 86 a foreigner cannot own it. The Condominium Act carves out an exception for the unit only: the foreign owner co-owns the land beneath the building through the ownership ratio, but that share cannot be separated from the unit. This is why a foreigner may own a condominium unit freehold but not a house on its own plot.
| Question | Land Code | Condominium Act |
|---|---|---|
| Can a foreigner own freehold? | No, save by treaty or 40 million baht investment (Section 96 bis) | Yes, within the 49% quota |
| Registration document | Chanote or Nor Sor 3 Gor | Unit title deed (Or Chor 2) |
| Management body | None | Condominium juristic person |
When the Act’s rules are ignored, the buyer suffers: a unit bought outside the quota cannot be registered, a unit with unpaid fees cannot be transferred, and a foreigner who loses the right to own must dispose of the unit within the period allowed or face a forced sale.
Frequently asked questions
What does the Condominium Act allow foreigners to own?
A foreigner may own a condominium unit outright, together with an undivided share of the common property, provided foreigners as a group hold no more than 49% of the total unit area in the building and the buyer proves that the price was brought into Thailand in foreign currency. Land itself remains off limits under the Land Code.
Which sections of the Condominium Act matter most to a buyer?
Section 19 and its sub-sections on foreign ownership and the 49% quota, Section 18 on the duty to pay common expenses, Section 29 on the debt-free certificate required before transfer, and Section 6/2 on the mandatory standard contract for units sold by developers.
Has the Condominium Act been amended?
Yes, several times. The most significant amendment is Act No. 4 of B.E. 2551 (2008), which introduced the standard developer contract, strengthened the rules on the juristic person manager and gave co-owners more control over the building’s accounts and meetings. The 49% quota itself has not been changed.
See also: Foreign quota (49%), Condominium juristic person, Common area fees and sinking fund, Land Code B.E. 2497, Buying a Condo in Thailand and Six Supreme Court Decisions Every Condo Buyer Should Know.
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