Eligibility, briefly
Any foreigner may buy a condominium unit freehold, in their own name, under the Condominium Act. Two conditions govern everything: the unit must fall within the building's foreign quota, and the purchase money must arrive from abroad in foreign currency. There is no visa requirement, no residence requirement, and no minimum price.
The quota, checked properly
Foreign ownership in a building may not exceed 49 percent of the total unit floor area. The juristic person office keeps the running tally, and the Land Office checks it at every transfer. In sought-after buildings the quota fills, and a unit's quota status then determines both its buyer pool and its price. The first due-diligence question on any unit is therefore simple: obtain the building's current foreign-quota letter, in writing, before money moves.
The process, in order
- Reservation. A booking form and a modest deposit take the unit off the market. Read it before signing: a well-drafted reservation makes the deposit refundable if due diligence fails; a bad one does not.
- Due diligence. Title search on the chanote and the unit's backing documents, the building's quota position, the developer's or seller's standing, any mortgages or encumbrances, and unpaid common-area fees. Two weeks is typical.
- Sale and purchase agreement. The real contract: price, payment schedule, transfer date, who pays which taxes, warranties, and remedies. For off-plan purchases, the payment milestones and completion protections carry the risk, and deserve the closest reading.
- Funds. The full price is remitted from outside Thailand in foreign currency, referencing the unit purchase. The receiving bank issues the Foreign Exchange Transaction form for each qualifying transfer.
- Transfer. Both sides, or their attorneys under power of attorney, attend the Land Office. Fees are paid, the title is re-registered, and the chanote comes home with you.
The order is the protection. Diligence before contract, contract before funds, FET paperwork before transfer. Every painful case we have unwound began with someone paying early to feel decisive.
The currency trail: FET forms
The Foreign Exchange Transaction form, still often called the Thor Tor 3, is the bank's record that your purchase money entered Thailand in foreign currency for this purpose. The Land Office will not register foreign ownership without it, and years later it is also your evidence for repatriating sale proceeds. Wire in your own name, in foreign currency, with the purpose referenced, and keep every form. Casual wiring through third parties or in baht is the single most common self-inflicted wound in this market.
Fees and taxes at transfer
| Charge | Rate | Usually borne by |
|---|---|---|
| Transfer fee | 2% of the official appraised value | Often split, by negotiation |
| Specific business tax | 3.3%, where the seller has held under 5 years | Seller |
| Stamp duty | 0.5%, where specific business tax does not apply | Seller |
| Withholding tax | Progressive scale for individuals; 1% for corporate sellers | Seller |
All-in transaction costs typically land between 3.5 and 6.3 percent of the price depending on the seller's holding period and what the contract allocates. Who pays what is custom, not law: everything is negotiable, and the sale agreement should state it explicitly.
Documents you will need
- Passport, and marriage certificate where a spouse is involved.
- FET forms covering the full purchase price.
- The building's foreign-quota confirmation letter.
- The debt-free letter from the juristic person confirming no outstanding common fees on the unit.
- The signed sale and purchase agreement, and a power of attorney if you will not attend transfer in person.
Timelines, realistically
A clean resale purchase runs four to eight weeks from reservation to transfer: the pace is set by diligence and the remittance, not by the Land Office, which completes the transfer itself in a day. Off-plan purchases follow the construction calendar, with payments staged over it; the transfer happens at completion, sometimes years after reservation, which is why the contract quality matters more than anything you can see in the showroom.
The pitfalls we see most
- Paying deposits before reading the reservation form, then discovering the deposit is the negotiation.
- Skipping the quota letter and discovering at the Land Office that the unit can only transfer as Thai quota or leasehold.
- Remitting in baht, or from an account in another name, and failing the FET requirement at registration.
- Ignoring unpaid common fees, which attach to the unit in practice via the debt-free letter.
- Treating the developer's standard off-plan contract as unnegotiable. It is negotiable in exactly the places that matter.
Continue reading.
This briefing is general information, not legal, tax or investment advice. Thai rules change frequently and individual cases differ. Verify current requirements with the relevant authorities, including the Immigration Bureau, the Board of Investment, the Land Department, the Department of Business Development and the Revenue Department, and take advice on your own facts before acting.
Where a conversation helps.
Briefings generalise; your situation will not. We work with a limited number of private partners, and if any of the above touches a decision you are actually making, we would be glad to consider it with you, privately and without obligation.
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