Thailand's 49% Condo Ownership Quota: What Actually Changed in 2026

Foreign buyers still cannot own more than 49% of a condominium building's total floor area in Thailand. No law expanding that quota has been passed, and talk of a 75% threshold remains just that: talk.

Since 1 July 2026, Thailand has applied a reduced transfer fee of 0.01% instead of the standard 2%. There is one detail widely glossed over in marketing materials and social media chatter: this discount applies only to Thai nationals. Foreign buyers still pay the full 2%. On a property valued at 10 million THB, that difference amounts to 199,000 THB (roughly $5,700). That is not a rounding error, it is a real line item in your closing costs.

Key Facts

• The foreign ownership quota for condominiums remains fixed at 49% of a building's total saleable floor area. The remaining 51% must be held by Thai nationals or Thai-majority companies.

• A proposal to raise the quota to 75% has circulated in government circles, but as of August 2026, no bill has been submitted to parliament.

• The maximum leasehold term for land remains 30 years. Proposals for a 99-year lease structure exist on paper but have not been adopted.

• From 1 July 2026 to 30 June 2027, a reduced transfer fee of 0.01% applies, but strictly to qualifying Thai buyers.

• Foreign buyers continue to pay the standard 2% transfer fee on the appraised value of the property.

• On Phuket specifically, the foreign freehold quota is calculated by floor area, not by the number of units, meaning a handful of large units can absorb the quota faster than expected in a project.

• A mortgage registration fee has also been cut to 0.01%, again for Thai nationals only.

Story and Context

The 49% rule is not a recent invention. It is written into the Condominium Act of 1979 and has survived several amendments over the decades while its core principle has never moved: foreigners can hold freehold title to condominium units, but combined foreign ownership within a single project cannot exceed 49% of the total saleable floor area.

That ceiling creates genuine scarcity. In sought-after developments across Phuket, Pattaya, and Bangkok, the foreign quota often fills up well before a building is completed. A buyer who arrives late is left choosing between a Thai-company structure (with its own layer of legal and compliance risk) or a 30-year leasehold. Neither option carries the same weight as outright freehold ownership.

Discussion of raising the quota to 75% began in 2024, when the government of Srettha Thavisin floated a package of measures aimed at attracting foreign capital into the economy. A parallel proposal explored 99-year land leases for foreigners. Both ideas triggered pushback from segments of Thai society, with critics warning that expanded foreign ownership would push up prices and squeeze local buyers out of their own market.

By mid-2026, neither initiative had progressed to formal legislation. Sources within the Thai government describe both proposals as 'under study,' language that in practice can mean years of delay, or no change at all. Buyers structuring a purchase around an assumed future quota increase are, in effect, betting on a timeline nobody can confirm.

The transfer fee episode deserves its own scrutiny. The Royal Gazette decree issued on 1 July 2026 cut the rate to 0.01%, and a number of English-language and regional sources reported it as a blanket discount for all buyers. Some brokers went as far as advertising a 'transfer fee reduced to 0.01% for everyone.' That is simply inaccurate. The legal text of the decree limits the benefit to qualifying Thai citizens.

For an international investor planning to buy a condo in their own name, the arithmetic is straightforward: you pay the 2% transfer fee. No exceptions. Industry guides covering Phuket purchases in 2026 consistently flag the same point, that the foreign quota is measured strictly by registered floor area rather than unit count, which is exactly why requesting a written quota confirmation from the developer or juristic office, and verifying it independently through the Land Office, matters before any deposit changes hands.

There is a less obvious upside buried in the new fee structure. If you sell your unit to a Thai buyer within the discount window (through 30 June 2027), that buyer's transfer fee savings can make your property more competitive on the resale market. On a 5 million THB unit, the buyer's saving comes to roughly 100,000 THB, a meaningful bargaining chip in negotiations.

Source: ReloSale

FAQ

Can foreigners own a condo in Thailand in 2026?

Yes. Foreigners can hold freehold title to a condominium unit within the 49% quota of a project's total saleable floor area. Payment must be transferred in foreign currency through a Thai bank, generating a Foreign Exchange Transaction (FET) document.

Is it true the quota was raised to 75%?

No. As of August 2026, the quota remains at 49%. A 75% proposal exists, but it has not been drafted into a bill or submitted to parliament.

What transfer fee does a foreign buyer pay when purchasing a condo?

The standard 2% of the appraised property value. The reduced 0.01% rate, in effect from 1 July 2026 through 30 June 2027, applies only to Thai nationals.

Can I get a 99-year lease instead of buying?

No. Under current law, the maximum leasehold term is 30 years. A 99-year lease structure has been discussed but never adopted.

What happens once a project's 49% foreign quota is used up?

Foreign buyers are then limited to a 30-year leasehold or a Thai company structure. Both carry legal limitations and risks compared with direct freehold ownership.

How do I confirm whether foreign quota remains available in a project?

Request written confirmation from the developer or the juristic (management) office on the current foreign-to-Thai ownership ratio, and verify it at the local Land Office, since quota is measured by floor area, not the number of units.

Does the reduced transfer fee affect resale value?

Indirectly, yes. If you sell to a Thai buyer during the discount period (before 30 June 2027), their transfer fee savings can make your listing more attractive on the secondary market.

Should I wait for the 75% quota law before buying?

Timing a purchase around uncertain legislation is a risky strategy. Similar proposals in Thailand can remain under discussion for years. It makes more sense to buy based on the rules currently in force.

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