The Condominium Act B.E. 2522 (1979) is the foundational Thai law governing condominium ownership. Every condo transaction in Thailand operates under its framework. For foreign buyers specifically, the Act’s most consequential provision is Section 19/2 (Section 19 bis) — the 49% foreign-ownership quota per project. The Act also creates the juristic person structure, the registration framework and, for the usual Section 19(5) route, foreign-funds evidence requirements.
How does Thailand’s Condominium Act affect a condo purchase?
The Act governs condominium registration, unit ownership and common areas; for foreign buyers, it sets the ownership quota and foreign-funds route. Its three primary functions are:
1. Defines what a condominium is. A condominium is a building registered under the Act, with units in separate ownership and common areas in shared ownership. The Act specifies registration requirements, structural standards, and ownership-form rules.
2. Sets foreign ownership rules. Section 19/2 (Section 19 bis) caps foreign-owned floor area at 49% per project. Foreign buyers must qualify under one of five categories in Section 19 — the usual purchase route is Section 19(5), which requires the applicable bank evidence. Foreigners can own freehold within the quota; cannot own freehold beyond it.
3. Creates the juristic person framework. Each condominium project has a juristic person (entity) that manages common areas and shared services. The juristic person is run by an elected owners’ committee, collects common area maintenance (CAM) and sinking fund contributions, manages building services, and provides documents for ownership transfers.
How does the 49% foreign ownership rule in Section 19/2 (Section 19 bis) work?
Section 19/2 (Section 19 bis) caps foreign-owned saleable floor area at 49% of a registered condominium project’s total saleable floor area. Thai government guidance gives the same limit. The authoritative statute is in Thai; the English translation linked below is unofficial.
The most-discussed provision. Mechanics:
- Cap is 49% of total saleable floor area (square metres), not unit count
- Common areas, parking, lobbies, amenities are excluded from the calculation
- Cap is per registered project, not per developer or per building if buildings are separately registered
- Buyers using the usual Section 19(5) route need bank evidence for their funding route; an FET form documents a qualifying foreign-currency remittance
- When a building reaches 49%, no further foreign freehold registrations until quota opens (foreign-owned unit sold to Thai or restructured to leasehold)
Detail: The 49% foreign quota in Thai condos — how it actually works.
What does a condominium juristic person do?
The juristic person manages a registered condominium’s collective interests and provides records needed for ownership transfers. It is created at building registration and has these key functions:
- Common area maintenance — pool, gym, lobby, lifts, security
- Sinking fund management — capital reserves for major repairs
- Building rules — pet policy, short-term rental policy, modification rules
- Foreign quota tracking — issues the foreign-quota letter required at ownership transfer
- Debt-free certificates — confirms unit’s CAM and sinking fund are paid current
- Annual general meetings — owner participation in governance
For foreign buyers, the juristic person’s quality is one of the largest hidden variables in condo investment. A well-run juristic produces a well-maintained building, smooth transactions, and good resale value. A poorly-run juristic produces deferred maintenance, special assessments, and resale friction.
Which property rules does the Condominium Act not cover?
The Act does not govern general land ownership, leasehold mechanics, hotel licensing or property taxes; each is covered by a separate law.
- Land ownership generally (that’s the Land Code)
- Leasehold mechanics (that’s the Civil and Commercial Code)
- Hotel licensing (that’s the Hotel Act 2004)
- Tax treatment (that’s the Revenue Code and the Land and Building Tax Act 2019)
For each of these, see the relevant articles: Foreign property ownership in Thailand — what you can and cannot own, Freehold vs leasehold property in Thailand — what's the difference and which to choose, Short-term rental in Thailand — Hotel Act 2004 reality and Phuket enforcement, Taxes and fees when buying property in Thailand — full 2026 breakdown.
Has Thailand raised the foreign condo ownership quota to 75%?
No. Thai government guidance states that foreign ownership remains limited to 49% of the total unit area under Section 19 bis. On 25 June 2024, the government announced that it had tasked the Ministry of Interior with amending the law to raise the quota to 75%; that was a proposal, not an amendment.
What should foreign condo buyers check before purchase?
Foreign condo buyers should verify the quota in writing, check the juristic person’s standing and confirm the bank evidence required for their Section 19 category. The practical checks are:
- Buy freehold within the quota where available — the cleanest foreign ownership in Thailand
- Verify foreign-quota status in writing before paying significant deposits
- Check the juristic person’s standing as part of due diligence
- Confirm the required bank evidence — for the usual Section 19(5) route, an FET form documents a qualifying foreign-currency remittance
Detail: Foreign property ownership in Thailand — what you can and cannot own and How to buy property in Thailand — step-by-step guide for foreigners.
