Condominium Act: A Guide for Foreign Buyers

What is the Condominium Act?

The Condominium Act, officially known as the Condominium Act B.E. 2522 (1979), is a legal framework that governs the ownership and management of condominium properties in Thailand. Enacted to regulate the real estate market, the Act outlines the rights and obligations of condominium owners, both Thai nationals and foreigners. The Condominium Act was introduced to standardize condominium development and ownership, providing clear legal guidelines to protect all parties involved in the real estate market.

Foreign ownership quota under the Condominium Act

One of the most critical aspects of the Condominium Act for foreign buyers is the foreign ownership quota. This quota is designed to maintain a balance between foreign and local ownership in the real estate market.

• Quota Limit: Foreign nationals can own up to 49% of the total floor area of all units in a condominium project.
  • Ensures significant ownership by Thai nationals, maintaining local control over the property market.

• Compliance Check: Developers must regularly report the foreign ownership ratio to the Land Department to ensure compliance with the quota.

Title deeds and verification 

Under the Condominium Act, foreign buyers must ensure proper title deed registration, with the Chanote title deed being the highest and most secure form of land ownership documentation in Thailand. The Chanote is legally recognized and guarantees full ownership rights to the holder. Registered with the Land Department, it ensures that the ownership details are officially recorded and protected. This deed grants the owner full rights to use, transfer, or sell the property, making it essential for securing legal ownership of the condominium unit. 

Verifying the title deed is free from any encumbrances is a crucial step for foreign buyers:

• Encumbrances Check: Verify the title deed is free from mortgages, liens, or claims.
• Registration Fee: Typically 1% of the appraised value of the property.
• Specific Business Tax: 3.3% if the property is sold within five years of acquisition.

What are the financial requirements?

The financial requirements for the Condominium Act in Thailand are essential for ensuring that foreign buyers comply with local regulations when purchasing a condominium. Here are the detailed financial requirements:

• Fund Transfer: Funds must be transferred into Thailand as foreign currency and converted into Thai Baht by a local bank.
• Foreign Exchange Transaction Form (FET Form): Issued by the bank, necessary for the transfer of ownership.
• Minimum Amount: USD 50,000 required for the issuance of an FET Form.
• Documentation: The FET Form serves as proof that the money used for the purchase came from abroad, which is a legal requirement for foreign buyers.

Steps to comply with the Condominium Act

Complying with the Condominium Act involves several important steps to ensure a smooth and legally sound property purchase. By following these steps, foreign buyers can protect their investment and avoid potential legal issues.

1. Conduct Due Diligence: Due diligence is the comprehensive appraisal of a property before purchase, involving careful investigation and evaluation to ensure it meets all legal and regulatory requirements. This step is crucial for identifying any potential risks or issues associated with the property.

2. Verify Ownership Quota: Ensure the property complies with the foreign ownership quota.

3. Check Title Deed: Confirm the title deed is clear of encumbrances.

4. Property Evaluation: Engage a professional property inspector for thorough evaluation.

5. Outstanding Debts: Check for any outstanding debts or obligations associated with the property.

6. Legal Status: Verify that the condominium project is legally registered and that the developer has met all regulatory requirements.

At Benoit & Partners, we offer comprehensive services to guide you through every step of the condominium purchase process. Our team of experienced legal experts specializes in real estate law, helping foreign buyers understand their rights, fulfill legal requirements, and ensure all transactions comply with the Condominium Act. For personalized consultation and legal assistance, contact Benoit & Partners to ensure full compliance with the Condominium Act.