This article is part of Zagdim’s Thailand property wiki series. It sets out what changes when a foreign owner selling a Thai condo finds a Thai buyer rather than a foreign one: how the quota works, what the buyer’s foreign exchange paperwork involves, and what each route means for fees and price. It is written for overseas owners who hold a Thai condo under the foreign quota and are preparing to sell. For the whole process of selling, see the guide to selling property in Thailand as a foreigner, covering buyers, process, taxes and moving the money out.
Why Does the Buyer’s Nationality Affect Your Sale?
A foreigner holding a condo in Thailand is bound by the quota and payment rules in the Condominium Act (พระราชบัญญัติอาคารชุด พ.ศ. 2522). Those rules apply to the buyer. If the buyer is Thai, the quota and foreign-currency payment requirements do not apply at all. If the buyer is a foreigner, the buyer has to satisfy both the quota and the proof of payment. As the seller, you will need different documents, face different transfer fees, and be able to approach a different pool of buyers depending on which route you take.
The Short Answer: How Do the Two Buyers Differ?
Both routes are open to you. Selling to a Thai individual is simpler on the buyer’s eligibility, and the sale releases a share of the building’s foreign quota. Under certain conditions the transfer fee can also fall to 0.01%. Selling to another foreigner keeps the quota with the unit, but the buyer must bring the purchase money in from overseas in foreign currency, and you must apply to the condominium juristic person for a foreign quota certificate.
| Selling to a Thai individual | Selling to a foreigner | |
|---|---|---|
| Quota | Applies only to foreign buyers; the sale releases quota | Quota moves with the unit; the building’s foreign share is unchanged |
| Buyer’s payment | Applies only to foreign buyers | Must be remitted from overseas in foreign currency, with a foreign exchange record |
| Extra documents from the seller | Certificate of no outstanding fees | Certificate of no outstanding fees plus a foreign quota certificate |
| Transfer fee | 0.01% if conditions are met | 2% |
How Is the 49% Quota Calculated?
The floor area held by foreigners in one condominium building may not exceed 49% of the total area of all units (Condominium Act, Section 19 bis). The calculation is by area, not by number of units.
A foreigner who holds a condo unit must also meet the qualifications in Section 19 of the Act. These include foreigners who have obtained permanent residence, foreigners resident under the Investment Promotion Act, and foreigners who bring foreign currency into Thailand or pay from a non-resident baht account or a foreign currency account. A typical foreign buyer qualifies under this last category.
At transfer, the Land Department (กรมที่ดิน) checks four items: the quota certificate, the foreign exchange remittance evidence, the certificate of no outstanding fees, and identity documents for both parties. The quota certificate and the certificate of no outstanding fees are both issued by the condominium juristic person (นิติบุคคลอาคารชุด).
Selling to a Foreigner: What Does the Buyer Need?
A foreign buyer needs room under the building’s quota and must remit the purchase money from overseas in foreign currency. The record of that remittance is the Foreign Exchange Transaction form (FET, formerly ท.ต.3). The bank issues it for each inward remittance of US$50,000 or more (or the equivalent in another currency); below that threshold, a credit advice plus a bank confirmation letter is used instead. This threshold is bank practice, not a statutory provision.
The buyer’s foreign exchange evidence is one of the items the Land Department checks at transfer, and a wrong remitter name or wrong stated purpose can stall the process. For that reason the sale contract can make “the buyer obtains the quota and the foreign exchange evidence” a condition of transfer, and state clearly what happens if the buyer cannot obtain them.
What if the quota is full? When foreign ownership in the building has reached 49%, the Land Department will not register new foreign freehold purchases. The first option listed by industry commentators is to buy a resale unit from an existing foreign owner, because the quota moves with the unit. However, whether a transfer between two foreigners in a fully subscribed building can be registered is not explicitly written in the current statute, remains to be confirmed, and industry accounts differ. Before you accept a deposit from a foreign buyer, check with the condominium juristic person and the Land Department.
This depends on the foreign ownership percentage in your building at present, and on whether your unit is registered as a foreign-quota unit. If you are unsure which applies to you, ask the juristic person first.
Selling to a Thai Buyer: What Are the Benefits and Limits?
When you sell to a Thai individual, the quota and foreign-currency payment requirements apply only to foreign buyers, so all you need to prepare is the certificate of no outstanding fees. On the transfer fee, the registration fee drops to 0.01% when the condo’s sale price and its official appraised value are both no more than THB 7 million and the mortgage is also no more than THB 7 million. This applies until 30 June 2027. Above THB 7 million, or if the buyer is a foreigner, the fee is 2%. The announced conditions do not restrict the seller’s nationality, so by inference a foreign seller can also qualify, but this remains to be confirmed with the Land Department. For how the fee is split between the parties, see the guide on tax when selling property in Thailand, covering transfer fees, specific business tax or stamp duty, and withholding income tax.
After a sale to a Thai buyer, the foreign quota attached to the unit is released.
Does a Quota Unit Affect the Price?
The only material found is industry reporting; there is no official or systematic data. Some industry sources report that, in high-demand Phuket projects, quota units sold at a higher price than comparable Thai-quota units. On the other hand, Sopon Pornchokchai, president of the Agency for Real Estate Affairs (AREA), said that few condo projects have reached the 49% cap and that foreign buyers accounted for under 20% of condo purchases last year.
Taken together, what a quota unit means for a foreign buyer depends on whether your building is close to 49%. Zagdim makes no price judgment on individual units; the building’s current foreign ownership ratio can be requested from the condominium juristic person.
Have the 75% Quota and the 99-Year Lease Been Passed?
Not yet. A report dated 21 June 2024 said the Cabinet had asked the Ministry of Interior to study amending the Condominium Act to raise the foreign ownership cap from 49% to 75%, and amending the Land Code so that foreigners could lease land for up to 99 years. As of 8 October 2026, the 49% quota has not changed, and no related bill has been found submitted to Parliament or published in the Royal Gazette.
The 49% quota still governs. A condo leasehold can be registered for a maximum of 30 years, and any renewal after 30 years is only a contractual arrangement that may not be enforceable. Plan your sale on the rules as they stand today.
What to Check Next
First confirm two things with the condominium juristic person: the building’s current foreign ownership ratio, and whether your unit is registered as a foreign-quota unit. Then look at who your buyer is, and decide which conditions the contract needs. For the documents to prepare before listing, see the checklist for selling property in Thailand: title deed, certificate of no outstanding fees, quota certificate and house registration book (the yellow book).
Frequently Asked Questions About Selling a Thai Condo
If a foreigner sells a Thai condo to another foreigner, does it use up new quota?
No. The quota moves with the unit, so the building’s foreign ownership ratio does not change. Whether the transfer can be registered when the building is already at 49% is not explicitly written in the current statute and remains to be confirmed.
Is the transfer fee always 0.01% when selling to a Thai buyer?
It depends on the conditions. The buyer must be a Thai individual, the sale price and the official appraised value must each be no more than THB 7 million, and the mortgage must also be no more than THB 7 million. The reduced rate applies until 30 June 2027.
Has the foreign quota for Thai property been raised to 75%?
Not yet. In 2024 the Cabinet asked for the amendment to be studied. As of 8 October 2026, the 49% quota has not changed, and no related bill has been found submitted to Parliament.
Glossary
- Condominium Act (พระราชบัญญัติอาคารชุด พ.ศ. 2522): The law governing condo ownership and the foreign quota.
- Foreign quota: The cap on the area of a single condominium building that foreigners may hold, currently 49%.
- Condominium juristic person (นิติบุคคลอาคารชุด): The management entity of each condominium building, which issues the quota certificate and the certificate of no outstanding fees.
- Foreign Exchange Transaction form (FET, formerly ท.ต.3): The bank’s record that foreign currency was remitted from overseas and converted into baht.
- Agency for Real Estate Affairs (AREA): Thailand’s real estate research body, whose president is quoted in this article.
About This Research
This article is Zagdim research. The statutory points were checked against the text of the Act and are Verified by Zagdim; market practice is labeled as such. The facts were checked as of 8 October 2026. Sections of the Condominium Act are cited from a law firm’s summary of the provisions. The following conclusions are inferences from the checks, not direct statements in the statute: whether a transfer between foreigners in a fully subscribed building can be registered, and whether the 0.01% transfer fee applies to a foreign seller; both are marked as to be confirmed. “No 75% bill found” is an inference from a search that returned no result. That the quota moves with the unit, and the reports on quota-unit prices, are industry accounts. The AREA comments are as relayed by the media, and the report does not state a date. The 75% quota and the 99-year lease are still under study and not settled, and may change.
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Sources
- Tilleke & Gibbins: Inheritance of Condominium Units by Foreigners in Thailand
- ThaiLawOnline: Condominium Act B.E. 2522 (1979)
- ThaiLawOnline: Condominium Juristic Person
- ThaiLawOnline: FET Form Thailand
- Bangkok Biz News: Ministry of Interior notice reducing registration fees published in the Gazette
- Thai PBS World: Foreigners to be allowed to own 75% of units in condominium projects
- The Nation: foreign condo quota debate
- The Thaiger: What Thailand’s foreign quota means for buyers
- The Thaiger: Foreigner’s guide to selling property in Thailand
Important Notice
This article is general information. It is not individual legal or real estate transaction advice, and it is not a price judgment on any unit. The facts were checked as of 8 October 2026. Quota and transfer fee rules may be updated; rely on the current announcements of the Thai authorities.
