This information is for reference only and is not legal advice. Consult a licensed lawyer before any transaction.
Condominium Act
Condominium Act B.E. 2522 (1979)
The information is reviewed and updated monthly against official sources.
In short
Governs condominiums: foreigners can own units within the 49% floor-area quota using proof of inbound foreign currency.
8: Procedure for Registration Application
Applications to register a building as a condominium follow the review steps and requirements set out elsewhere in this Act. Officials examine submitted documents, land status and compliance before deciding whether the project may proceed to formal condominium registration.
9: Recording Condominium Status on the Land Title
Once registration is approved, officials must forward the land title deed to the local land office within fifteen days so a notation is entered confirming the land is now governed by condominium rules. If a mortgage existed, the creditor's consent and repayment terms are also recorded.
10: Restrictions After Registration
After the land title carries the condominium notation, no further registration of rights or legal acts on that land is allowed except as this Act permits, and the condominium itself cannot be used to create new obligations or encumbrances beyond what the law provides.
11: Appeal Against Refusal of Registration
If officials reject a condominium registration application, the applicant may submit a written appeal to the Minister within thirty days of learning of the refusal. The Minister must decide within sixty days, and that decision is final and cannot be further challenged.
12: Indivisibility of Unit Ownership
A condominium unit cannot be split into separate shares of ownership. It stands as one legal object, meaning buyers acquire full title to the whole unit rather than fractional or partial claims over portions of it.
13: Personal and Joint Ownership Rights
Each owner holds exclusive rights to their private unit space and shared rights to common areas. Walls and floors dividing units are treated as jointly owned. Owners may not alter their unit in ways that damage the building's structure or safety.
14: Calculation of Common Property Share
Each owner's share in the common property is calculated based on the price of their unit relative to the total combined price of all units, as recorded at the time the condominium registration application was filed.
15: Definition of Common Property Items
Common property covers the land itself, structural elements, shared facilities, equipment, security and utility systems, the management office, and any property purchased using owners' collective funds. These assets belong jointly to all unit owners rather than to any individual.
16: Protection of Common Property from Separate Sale
Immovable common property cannot be forced into partition through mortgage enforcement, nor auctioned off separately from the private units. This protects shared facilities and land from being stripped away independently of individual ownership.