Does the 49% quota apply to houses and land too?

No. The quota only applies to registered condominium buildings; foreigners generally cannot own land freehold at all and instead use registered leasehold for land, houses and villas.

How is the quota calculated — by unit count or floor area?

It's calculated by sellable floor area in square metres, not the number of units, so unit sizes affect how many foreign buyers a building can actually accommodate.

How do I check if a condo's foreign quota is still available before buying?

Request a written status letter or Juristic Person Certificate from the building's management office confirming the current foreign-owned percentage and remaining quota, and verify it again with the Land Department before transfer.

Can a signed reservation contract guarantee my unit stays within quota?

No. The quota is checked again at the point of transfer registration at the Land Department, and registration will be refused if the cap is breached, regardless of an earlier contract.

What happens if a building's foreign quota is already full?

Freehold transfer to a foreign buyer cannot be registered in that building; buyers are typically offered a registered leasehold on the same unit instead of freehold title.

What is the FET form and why does it matter for condo purchases?

The Foreign Exchange Transaction form is bank-issued proof that purchase funds were remitted into Thailand from abroad, and the Land Department will deny registration of a foreign condo purchase without it.

How long does a registered leasehold on land or a house last?

The standard maximum initial registered term is 30 years; renewals are possible but must be negotiated as a fresh agreement, since pre-agreed multi-term renewals are legally void.

Can I buy land through a Thai company to get around the quota or ownership restrictions?

Using Thai nominee shareholders to disguise foreign control of land is illegal under the Land Code Act and Foreign Business Act, and such companies can be treated as illegally holding land.

Can one foreigner buy multiple condo units in the same building?

Yes, as long as the combined floor area owned by all foreign buyers in that building stays within the 49% cap.

Is the 49% quota the same for every condo building in Thailand?

Yes in rule, but it is tracked separately per building, so one project can be fully sold out to foreigners while a neighboring project still has quota available.

Does buying a leasehold unit require the FET form like a freehold purchase does?

No, a simple registered lease does not require the Foreign Exchange Transaction form that freehold condo registration requires, since it is not a transfer of title.

Thailand's 49% Foreign Quota Explained: Condo Ownership vs Leasehold for Land, Houses and Villas

Reviewed 10/9/2026

Thailand caps foreign freehold condo ownership at 49% of a building's sellable floor area under the Condominium Act; once that quota is full, foreign buyers typically shift to registered leasehold for the same unit or for land, houses and villas.

Thailand's foreign quota refers to the legal cap under the Condominium Act B.E. 2522 (1979) limiting non-Thai freehold ownership to 49% of a condominium building's total sellable floor area. The remaining 51% must stay in Thai hands. Land, houses and villas fall outside this freehold system entirely; foreigners typically secure long-term use rights through a registered leasehold instead of outright ownership.

What the 49% Foreign Quota Actually Covers

The foreign quota in Thailand applies only to condominiums registered under the Condominium Act, not to landed property. Under this law, foreigners can own condo units in freehold, meaning perpetual, registrable ownership, provided the total foreign‑held area in any single condominium building does not exceed 49 per cent of the total sellable floor area. This measurement is building-specific, so every project tracks its own separate quota regardless of nearby developments.

Measured by Floor Area, Not Unit Count

The 49% ceiling is calculated by square metres of sellable space, not by the number of units sold to foreigners. A condominium project with 10,000 square metres of sellable space may register up to 4,900 square metres under foreign freehold ownership. In a simplified example with equally-sized units, in case of a condominium building with 100 equal units, each having the same floor area, not more than 49 of the units can be foreign owned, at least 51% of the condo building must be Thai owned.

How the Quota Is Verified Before You Buy

Buyers cannot simply assume a unit is available under quota; verification happens through the building's own management office. To verify the quota status of the condo development, you must obtain a Juristic Person Certificate from the building management, which confirms the unit you want to buy falls within the 49% foreign ownership quota, and without this certificate, the transfer cannot proceed. For resale units specifically, when buying an existing or re-sale condo the seller must supply a letter of guarantee issued by the condominium juristic person that the condo unit falls within the 49% foreign ownership quota of the condominium and a letter that there are no outstanding debts tied to the unit.

When Verification Legally Matters

The quota check is not just a reservation-stage formality; it is enforced at the point of registration. The ratio is assessed at the point of transfer registration at the Land Department, not at the time a reservation agreement is signed, and the Land Office will refuse to register the transfer if doing so would breach the 49 per cent ceiling, regardless of any contractual commitment made earlier. A signed reservation contract therefore offers no guarantee if the quota fills before transfer day.

The Foreign Exchange Transaction (FET) Form

Beyond the quota itself, freehold registration requires proof that purchase funds entered Thailand from abroad. The FET-form, formally known as the Thor.Tor.3, is required when buying and registering foreign ownership of a condominium unit in Thailand as a non-resident. If a foreign buyer or their legal representative is unable to present an FET form when registering the purchase of a condominium at the designated Land Office, the purchase will be denied.

What Happens When a Building's Quota Is Already Full

Once a project's 49% foreign-held floor area is reached, no further freehold transfers to foreigners can be registered in that building, no matter how willing the seller is. If the 49% foreign quota is full, you may enter a leasehold arrangement, which grants you the right to occupy and use the property for a fixed period. This means the same physical unit can still be acquired, but as a long-term lease rather than freehold title.

Leasehold as the Fallback Inside a Full Building

A registered lease substitutes for ownership when the freehold route is closed. Under the Thai Civil and Commercial Code, the maximum initial term for a registered lease is set by statute, and this same structure is the one used more broadly for land. Buyers evaluating a sold-out building should request written confirmation of quota status before negotiating lease terms, since pricing and resale expectations differ from freehold units.

Leasehold Structures for Land, Houses and Villas

Freehold land ownership is not available to foreign individuals in Thailand at all, which makes leasehold the standard structure for houses and villas, independent of any condo quota. A foreign buyer signs a registered 30-year lease on the land with the Thai owner, and the lease can include options to renew, making longer total terms possible in practice, though only the first term is guaranteed. Leases are formalized through Land Department registration. Leases exceeding three years must be registered at the Land Department to be enforceable, and importantly, pre-agreed multi-term leases are legally void and unenforceable, meaning renewal always depends on a fresh agreement, not an automatic right baked into the original contract.

Why Nominee Companies Are Not a Safe Workaround

Some buyers are tempted to use a Thai company to hold land "on their behalf," but this is a legal risk, not a loophole. A nominee structure refers to any arrangement where Thai nationals hold shares in a Thai company on behalf of a foreigner who is the actual beneficial owner, designed to circumvent Thailand's Foreign Business Act. The use of Thai nominee shareholders by foreigners is illegal under both the Land Code Act and the Foreign Business Act, and shares held by Thai nominees will be deemed held by the foreigner, making the company illegally holding land without permission. Genuine leasehold registration remains the legally reliable path.

Freehold Condo vs Leasehold Land: Quick Comparison

Feature	Freehold Condo (within 49% quota)	Leasehold (land, house, villa, or condo once quota full)
Ownership type	Perpetual, registrable title in the foreigner's name	Right to use/occupy for a fixed registered term
Governing law	Condominium Act B.E. 2522 (1979), Section 19	Thai Civil and Commercial Code lease provisions
Typical term	Indefinite (no expiry)	Up to 30 years per term, renewal by new agreement only
Funds requirement	FET form proving foreign currency remittance	No FET requirement for a simple lease registration
Availability	Capped at 49% of building floor area	Not capped by any building-wide quota
Renewal certainty	Not applicable	Not guaranteed; pre-agreed multi-term renewals are void

Practical Steps Before Signing Anything

A disciplined pre-purchase checklist reduces the risk of a failed registration later. Confirm current foreign quota availability with the condominium juristic person and Land Department records, and remit purchase funds from abroad to obtain the Foreign Exchange Transaction documentation before relying on any reservation deposit. For landed property, confirm the lease will actually be registered rather than left as a private, unregistered agreement, since unregistered leases over three years carry weaker enforceability.

Key Takeaway for Foreign Buyers

Thailand's foreign quota system draws a firm line between two ownership worlds: freehold condo units capped at 49% per building, and leasehold arrangements covering land, houses, villas, and any condo unit once that cap is reached. Verifying quota status through the juristic person and the Land Department before committing funds remains the only reliable way to avoid a blocked transfer.

Frequently asked questions

What exactly is the foreign quota in Thailand?: It is the legal cap under Section 19 of the Condominium Act limiting non-Thai freehold ownership to 49% of a condominium building's total sellable floor area, with the remaining 51% reserved for Thai owners.
Does the 49% quota apply to houses and land too?: No. The quota only applies to registered condominium buildings; foreigners generally cannot own land freehold at all and instead use registered leasehold for land, houses and villas.
How is the quota calculated — by unit count or floor area?: It's calculated by sellable floor area in square metres, not the number of units, so unit sizes affect how many foreign buyers a building can actually accommodate.
How do I check if a condo's foreign quota is still available before buying?: Request a written status letter or Juristic Person Certificate from the building's management office confirming the current foreign-owned percentage and remaining quota, and verify it again with the Land Department before transfer.
Can a signed reservation contract guarantee my unit stays within quota?: No. The quota is checked again at the point of transfer registration at the Land Department, and registration will be refused if the cap is breached, regardless of an earlier contract.
What happens if a building's foreign quota is already full?: Freehold transfer to a foreign buyer cannot be registered in that building; buyers are typically offered a registered leasehold on the same unit instead of freehold title.
What is the FET form and why does it matter for condo purchases?: The Foreign Exchange Transaction form is bank-issued proof that purchase funds were remitted into Thailand from abroad, and the Land Department will deny registration of a foreign condo purchase without it.
How long does a registered leasehold on land or a house last?: The standard maximum initial registered term is 30 years; renewals are possible but must be negotiated as a fresh agreement, since pre-agreed multi-term renewals are legally void.
Can I buy land through a Thai company to get around the quota or ownership restrictions?: Using Thai nominee shareholders to disguise foreign control of land is illegal under the Land Code Act and Foreign Business Act, and such companies can be treated as illegally holding land.
Can one foreigner buy multiple condo units in the same building?: Yes, as long as the combined floor area owned by all foreign buyers in that building stays within the 49% cap.
Is the 49% quota the same for every condo building in Thailand?: Yes in rule, but it is tracked separately per building, so one project can be fully sold out to foreigners while a neighboring project still has quota available.
Does buying a leasehold unit require the FET form like a freehold purchase does?: No, a simple registered lease does not require the Foreign Exchange Transaction form that freehold condo registration requires, since it is not a transfer of title.

This guide is general and educational, compiled from public sources and reviewed as of 10/9/2026. It is not legal or tax advice and does not replace review of your specific situation by a licensed Thai lawyer. Thai tax rates, thresholds, and legal requirements may change — confirm current conditions with independent legal counsel before signing any document.