The 49% rule, in plain terms
Thailand’s Condominium Act lets non-Thais collectively own up to 49% of the total saleable floor area of a condominium building. If a building still has room under that quota, a foreigner can buy a unit freehold — outright, in their own name, registered at the Land Department. Once a building hits 49%, remaining units can only be sold to foreigners on a leasehold basis.
Land and houses
Foreigners generally cannot own land in Thailand. A villa or landed house is usually structured as a registered lease (maximum 30 years per term) or through a Thai company — the latter carries real legal exposure and needs qualified advice. For most overseas buyers, a condo is the only clean route to direct freehold ownership.
Moving the money (FET)
To register foreign freehold, the purchase funds must arrive in Thailand in foreign currency and be converted to baht by the receiving bank, which issues a Foreign Exchange Transaction (FET) certificate. The Land Department requires this document at transfer — so never bring the money in as baht.
Taxes and transfer costs
- Transfer fee: 2% of the appraised value.
- Specific Business Tax: 3.3% if the seller owned under 5 years; otherwise 0.5% stamp duty.
- Withholding tax: progressive (individual) or 1% (company).
- All of the above are negotiable between buyer and seller.
Buying process, step by step
- Reserve the unit and sign a reservation agreement.
- Confirm the building’s remaining foreign quota in writing.
- Due diligence: title deed, encumbrances, juristic-person debts.
- Remit funds from abroad and collect the FET certificate.
- Transfer ownership at the Land Department and pay fees.