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Condominium Act
Condominium Act B.E. 2522 (1979), as amended
Thailand's Condominium Act B.E. 2522 (1979), as amended, governs how buildings can be divided into separately-owned units plus shared common property, sets the 49% cap on foreign unit ownership and the foreign-currency remittance rule, and regulates transfers, the condominium juristic person, common fees, and sales to the public.
4 — Unit and common property
A unit is the part held in individual ownership and may include space, structures and any allotted land. Common property is everything not privately owned: the land plot, foundations, load-bearing structures, lobbies, lifts, corridors, utilities, parking and shared facilities serving all owners jointly. Each owner's share in common property follows their unit.
19 — Who may own a unit (foreigners)
Foreign individuals and foreign-linked entities may own units only if they fall within defined categories: holders of a residence permit, persons admitted under investment-promotion law, qualifying foreign juristic persons, BOI-promoted investors, or those who bring in foreign currency or draw funds from a Thai foreign-currency or non-resident baht account to pay for the unit.
19/2 — The 49% foreign ownership quota
In any single condominium, units owned collectively by foreigners and foreign-qualifying entities under Section 19 must not exceed 49% of the total combined floor area of all units. Once the foreign-held area reaches this ceiling, no further transfer into qualifying foreign ownership can be registered for that building.
19/5 — Foreign-currency remittance proof (FET / Tor Tor 3)
A foreign buyer relying on remittance must show that funds came from abroad in foreign currency, or from a Thai foreign-currency or non-resident baht account, in an amount at least equal to the price. The bank's Foreign Exchange Transaction form (formerly Tor Tor 3) is the standard evidence the Land Office requires at registration.
19/7 — Notifying officials on transfer to a foreigner
When a unit is transferred to a foreigner, the parties must notify the competent registration official and submit evidence proving the buyer's eligibility under Section 19 and compliance with the 49% quota. Without this documentation the Land Office will not register the transfer into foreign ownership.
6/1 — Advertising binds the developer
A developer selling units to the public must keep copies of its advertising and ensure the ads match the documents filed for registration. Advertising content is treated as part of the sales contract. If an advertisement and the contract conflict, the interpretation more favourable to the buyer prevails.
6/2 — Mandatory sales-contract form
Contracts for selling units to the public must follow the standard form prescribed by the Ministry. Any clause that departs from this form to the buyer's disadvantage has no legal effect and cannot be enforced against the buyer, protecting purchasers from one-sided developer terms in pre-sale and completed-unit transactions.
18 — Common fees and shared expenses
Unit owners must contribute to the costs of running and maintaining the common property - utilities for shared areas, services, staff, taxes and upkeep. Each owner's share is calculated either in proportion to their ownership ratio in the common property or according to the benefit each unit receives, as the regulations provide.
18/1 — Penalties for unpaid fees
Owners who fall behind on common-area contributions face surcharges: late amounts attract interest up to a set rate, and arrears outstanding for six months or more can carry a higher penalty plus suspension of shared services and the loss of meeting voting rights until the debt is cleared.
40 — Sinking fund and reserves
On first registration of ownership, owners pay an initial lump-sum contribution into a common fund, plus ongoing periodic contributions set by resolution. This sinking fund covers major repairs and capital items for the common property. The juristic person manages it and may demand contributions in advance to keep the building maintained.
41 — Priority claim for unpaid contributions
The condominium juristic person holds a preferential claim over a defaulting owner's unit for unpaid common expenses and fund contributions. This priority lets the management body recover arrears ahead of certain other creditors, and outstanding debts must be settled before a clean transfer of the unit can be registered.
29 — Debt-clearance certificate before transfer
To register a transfer, the seller must present a certificate from the juristic person confirming the unit carries no outstanding common-area debts under Section 18. The juristic person must issue this certificate within fifteen days of full payment. Without it, the Land Office will not complete registration of the transfer.
31 — Registration of the condominium juristic person
When the first unit is transferred, a condominium juristic person must be registered. This entity owns and manages the common property on behalf of all unit owners, acts under member resolutions, and pursues the building's collective interests. It is a separate legal person, distinct from the individual owners and from the original developer.
35 — Manager of the juristic person
The condominium juristic person must appoint a manager - an individual or a company - registered with the authorities. The manager runs day-to-day operations, enforces the regulations, collects fees, maintains the common property and represents the entity in legal acts, all within the powers granted by the by-laws and owners' resolutions.
37 — The owners' committee
Unit owners elect a committee, normally between three and nine members, serving a fixed term of around two years. The committee oversees the manager, controls the juristic person's activities, approves key decisions and represents owners' interests. It provides internal supervision of how the building's common property and finances are administered.
6 — Registration of the condominium project
Before units can be sold under the Act, the developer must register the building as a condominium with the Land Department, submitting plans, the land title, unit and common-property descriptions, ownership ratios and draft regulations. Only after registration are separate unit title deeds issued and units may be legally transferred to buyers.