When buying a condo in Thailand, it’s common to reach the stage of signing or putting down a deposit only to be told that the building’s foreign quota may be nearly full, or to hear only a vague “the quota should be fine” from the sales team. By this point you may already love the unit, have just finished viewing the show unit, and find it psychologically difficult to switch to another unit or walk away.
The real question at this point isn’t “can foreigners buy a condo,” but: can this specific unit still be bought safely without breaking the rules, and if not, what are the realistic options right now?
The Direct Answer First
If the quota is full, you cannot register this unit as freehold in your own name as a foreign individual.
This restriction comes from Thailand’s Condominium Act: the total sellable floor area held by foreigners in a building cannot exceed 49% of the building’s total sellable area, calculated by area, not by number of units. This ceiling is set by law and cannot be negotiated or arranged around — the Land Department does not make exceptions. As of 2026, this percentage has not been amended; discussion of raising it to 75% has never entered the legislative process and no timetable for such a change has been set.
If you insist on holding the unit as freehold in your own name as a foreigner, a unit whose quota is full should essentially be treated as “not purchasable.” Your options are to find another unit in the same building that is still within quota, or move to a different project that has quota available.
If you’re considering other structures (long-term leasehold, company ownership, etc.), the risk and complexity are much higher than a straightforward freehold purchase — especially company ownership, given the scale of Thailand’s 2025–2026 crackdown on nominee company structures (see below). No workaround should be treated as a substitute for freehold until a lawyer has reviewed it case by case.
In practice, the genuinely safe paths are usually only two: switch to a different unit or project, or wait for quota to be released later. Either way, you first need to confirm whether the quota really is exhausted.
A Practical Checklist: Confirm the Quota Status First
Before deciding to give up on the unit, use the following questions to get a clear answer from the sales team or developer:
- “What percentage of the building’s floor area is currently held by foreigners? Is this figure from the Land Department or the juristic office’s official records, or is it just an internal estimate?”
- “Can you confirm in writing (email or LINE) whether this unit can currently be registered in a foreigner’s name?”
- “If I’m told now that registration is possible, but the transfer later fails because the quota is full, what happens to my deposit and any payments already made? Does the contract protect me on this?”
- “Which units in this building has the developer confirmed are within the foreign quota? Can you provide a list or a marked floor plan?”
If the other side can’t even state the building’s current foreign-ownership percentage, or refuses to provide written confirmation, that usually means they are not treating the quota as a real legal red line — just as a sales talking point.
Answers That Should Make You Cautious
“Don’t worry about the quota, it’s never been a problem before.”
This only says “it was fine in the past,” without addressing the current actual percentage, and with no supporting document or official data.
“Just put down a deposit now, the Land Department will sort it out.”
The quota is a hard ceiling. Once it is exceeded, the Land Department simply refuses to register the unit in a foreigner’s name — there is no room for negotiation.
“Just register it under your Thai friend’s or partner’s name for now, and transfer it back later.”
This is an entirely different ownership structure with fundamental implications for your control and legal risk. It’s outside the scope of this article, but should never be agreed to without independent legal advice.
“Buying through a company is fine, everyone does it.”
This claim no longer holds up under 2026 enforcement conditions. Between October 2025 and April 2026, the Department of Business Development and related agencies conducted on-site inspections at 27 locations across 10 provinces, investigating 4,372 companies with foreign links, more than 4,000 of which involved business categories requiring prior approval. From January 2026, all shareholders of newly registered Thai companies must submit source-of-funds documentation; from April 1, 2026, share transfers, capital increases, and director changes are also subject to the same scrutiny. The era of “everyone does it” is ending fast, and the phrase itself is now a warning sign.
“The policy is about to be relaxed to 75%, buy in now.”
As of 2026, there is no scheduled change to the 49% cap, and discussion of 75% has never entered the legislative process. Using a “possible future relaxation” to reassure you about a quota that is already full right now treats a policy hope as an established fact.
How to Decide What to Do Next
Use the following questions to organize your own judgment:
1. Do I have to hold the unit as foreign individual freehold?
If yes, the first step is confirming the quota. If the other side can’t provide a clear written confirmation, or hints the quota is tight, you should consider switching directly to a different unit within the same building that clearly has quota available, or changing projects entirely — rather than proceeding on a hopeful assumption.
2. How attached am I to this specific project?
If what you mainly want is the location and the type of product, and similar projects nearby exist, then when the quota situation is unclear, switching to a project with a clear quota and clean documentation is often the easier choice. If this project has conditions that are hard to replace (school catchment, a particular view, etc.), ask first whether other units in the same building are still within quota, and assess whether you can accept a compromise on floor or orientation.
3. Am I willing to wait for quota to be released?
Some buildings release quota when foreign owners sell, but the timing is completely unpredictable. “Someone will eventually sell” places all the uncertainty on you and shouldn’t be used as a basis for action.
4. Does the alternative structure being proposed go beyond the risk I’m willing to accept?
Once a proposal involves company ownership, nominee arrangements, or presenting a long lease as “effectively permanent,” it has already moved beyond a simple quota issue into a higher-risk structural discussion. In that case, the better approach is to stop, have a qualified lawyer review all the arrangements, rather than relying on the sales team’s “everyone does this.”
In short: if you’re not in a rush to buy and value clear title, switching projects when you hit a quota problem is usually the cleanest option with the least psychological strain. If time pressure and other conditions are significant and you’re especially attached to this particular building, you should at minimum have a lawyer review all the alternatives before deciding.
Frequently Asked Questions
Q: The sales team says “quota is running low, act fast,” but can’t state the current percentage. Is that normal?
No. It’s common in the market for sales teams to treat the quota as a sales pitch rather than a hard figure that needs documentation, but for you, this means “insufficient information,” not “you should trust it.” The correct way to confirm is to check the current foreign-held percentage with the building’s juristic office or the Land Department directly. If the sales team is unwilling to even help you check, that itself is a signal you may want to walk away.
Q: I’ve already paid a deposit and now discover the quota may be an issue. Is it too late?
It depends on whether your reservation or sale-and-purchase agreement lists “whether it can be registered in a foreigner’s name” as an explicit condition. Since January 2025, Thailand’s Office of the Consumer Protection Board (OCPB) has introduced new rules protecting pre-sale condo buyers from having their deposits forfeited by developers, but the exact scope of protection and your individual contract terms still need to be checked. It’s advisable to have a lawyer review your contract terms as soon as possible to assess whether there is a basis to cancel or withdraw. Going forward, don’t rush to pay any deposit while the quota status is unclear, and require written confirmation of the quota status before paying anything.
Q: If I’m willing to accept leasehold or another structure, does the quota stop being relevant?
The quota only limits the area foreigners can hold as freehold; leasehold structures are not subject to the 49% quota. But the two structures carry entirely different strength of rights and future uncertainty — leasehold is a time-limited right of use, not permanent ownership. A lot of “you can still buy even if the quota is full” advice is really steering you toward leasehold or a company structure, and the sales team won’t necessarily spell out the difference clearly. Unless you are a legal professional, you should never sign simply because “it’s possible to buy” without fully understanding these structural differences.
Have questions about a Thailand visa, long-term stay, or residency status? Ask Zagdim about your situation first.
Disclaimer
*This article addresses one specific problem: when the Thailand condo unit you want to buy runs into a possibly full or unclear 49% foreign quota, how to decide — without breaking any rules — whether to proceed or switch. For a full risk analysis of company ownership, leasehold, or nominee arrangements, refer to the main pillar article or consult a qualified lawyer; any real decision should be based on your own circumstances and professional advice, not a summary in a single article.*
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Sources
- *Thailand Department of Lands – guidance on foreign ownership of condominiums
- Thailand Condominium Act B.E. 2522 (1979) – text and interpretation
- ThaiEmbassy.com – Buying and Owning a Condo in Thailand
- Publicly available materials from real estate agencies and law firms on foreign quota practice in Thailand*
