Thailand · Legal · 4 min
Thailand: 49% Condominium Quota, Condos in Full Ownership and Villas on Long-Term Lease
A condominium apartment is the only widely available way for a foreigner to obtain full, perpetual ownership in Thailand. The quota is 49% of the total floor area of all units in a building; proposals to raise it to 75% and allow 99-year leases had not been adopted as of November 2026.
Key figures
How the 49% quota works
Section 19 bis of the Condominium Act of 1979 allows foreigners to own units in a registered condominium, provided that foreign ownership does not exceed 49% of the total floor area of all units. The remaining 51% must be owned by Thai nationals or Thai entities (Thai Law Online). The quota is based on floor area, not the number of units: a few large apartments owned by foreigners can use it up faster.
The quota applies to each individual building. In popular developments, it may be exhausted during the initial sales phase, leaving long-term lease as the only option for foreigners buying the remaining units. This also affects resale: if the quota is full, you can sell a foreign-owned unit with full ownership to another foreigner only if your quota allocation transfers to the buyer.
What to check before paying
The foreign-currency transfer requirement is set out in Section 19 ter of the Condominium Act: the amount transferred from abroad must be no less than the purchase price, and the sender's name must match the buyer's name (Khonsu Legal).
- Written confirmation from the developer or building management of the remaining foreign ownership quota on the transaction date;
- That the purchase funds will be transferred from abroad in a foreign currency and that the bank will issue proof of the transfer - without this, the unit cannot be registered in a foreigner's name;
- That ownership will be registered in your name at the Land Department, not in the name of a company or intermediary.
The quota has not been increased
Proposals to raise the quota to 75% and allow 99-year leases have been under discussion since 2024. As of November 2026, neither had become law, and no bill had been introduced in parliament. The 49% ownership quota and 30-year lease limit remain in force (Thai Law Online). Do not plan a purchase on the assumption that a future reform will be passed.
What changed in 2026: the reduction of the transfer and mortgage registration fees to 0.01% has been extended until June 30, 2027 (Thai Law Online). The relief is subject to eligibility conditions, so check whether it applies to your specific transaction.
Villas: long-term lease only
Foreigners cannot own land in Thailand, so a villa is generally available to them on a long-term lease: a long-term lease of the land for up to 30 years. If a contract provides for a longer term, it is reduced to 30 years. A lease may be renewed, but any new term must also be no longer than 30 years from the renewal date (Addleshaw Goddard).
In case 4655/2566, the Supreme Court held void promises to renew the lease for two further 30-year terms on the same terms, with payment made in advance, finding that this was an attempt to circumvent the limit. A “30+30+30” arrangement should not be treated as a guarantee of 90 years: only the initial term is guaranteed.
The court allows renewal if its terms reflect future circumstances rather than simply repeating the initial term with an amount paid in advance. Before signing, check who owns the land, whether it is mortgaged, and whether the lease will be registered at the Land Department.
How to compare the options
A quota-eligible condominium apartment offers full, perpetual ownership that can be sold or inherited. A villa on a long-term lease gives you a 30-year right, and its value declines as the lease term runs down. To compare a villa's return, divide its price by the remaining lease term and deduct that amount from the annual income.
Example: a villa priced at 15 million baht with a 30-year lease represents about 500,000 baht per year just to recover the purchase price. If net rental income is 900,000 baht, the actual profit is about 400,000 baht, or 2.7% of the purchase price. These figures are illustrative, but the same logic applies to any villa on a long-term lease.
For a quota-eligible condominium apartment, this adjustment does not apply: ownership is perpetual, and value is determined by the market rather than by the remaining term.
This material is for general information only and is not legal or tax advice. Transaction terms should be reviewed for the specific property.
What this means for buyers
- The only way for a foreigner to obtain full, perpetual ownership is to buy a condominium unit within the 49% quota.
- Confirm the remaining quota and document the foreign-currency transfer before paying.
- A villa is leased for 30 years; courts have held promises of “30+30” renewals void.
- The 75% quota and 99-year lease are still only proposals.
Current as of . This is general information, not legal or tax advice.
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