Condominium Act
Thailand's 1979 law (and its amendments) establishing freehold condominium ownership, foreign quota limits, and juristic person governance rules.
The Condominium Act B.E. 2522 was enacted in 1979 and has been amended several times, most significantly in 2008 (Amendment No. 4) and 2020 (Amendment No. 5). The Act creates the legal framework within which individual condominium units can be owned separately from the land and common areas, which are held collectively through a juristic person (the condominium corporation). Key provisions relevant to foreign buyers include: the 49% foreign quota rule (Section 19), requirements for the developer to complete construction to a specified standard before unit transfers can occur, mandatory establishment of a juristic person upon registration of the condominium, rules governing common area maintenance and sinking fund contributions (Section 18), and the condominium committee's governance powers and obligations. The 2020 amendment introduced updated provisions on unit transfer procedures, expanded rights for juristic persons to manage delinquent owners, and clarified rules around EV charging installation in common areas. Discussions of further amendments to address the foreign quota cap, potentially raising it in certain zones or economic corridors, have been ongoing but as of mid-2026 no increase to the 49% cap has been enacted into law.
What it means for buyersWhy this matters when you buy in Phuket.
The Condominium Act is the legal foundation for the most straightforward foreign freehold purchase in Thailand. Buyers should verify that the project they are purchasing in has been properly registered as a condominium under the Act, this registration number can be checked at the Land Office. Unregistered projects cannot legally transfer individual freehold unit titles to buyers, regardless of what the developer's marketing says.
Mario confirms condominium registration status for every project he recommends. He requests the condominium registration number, verifies it is current, and checks that the developer's foreign quota tracking is being maintained correctly. For projects still under construction, he confirms the registration has been applied for and checks the expected registration timeline against the projected transfer date.