Can ownership of a condo in Thailand be changed between foreigners and Thais or to a company?

May 21, 2024
6 months ago
Barry ********
ORIGINAL POSTER
Hello. When buying a condo, can the ownership be changed from foreigner to thai, or from thai to foreigner or thai/foreigner to company. Thanks
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TLDR : Answer Summary
Yes, in Thailand, it is possible to change ownership of a condominium from a foreigner to a Thai national, a Thai national to a foreigner, or from a Thai/foreigner to a company. However, it is essential to comply with the 49% foreign ownership rule applicable to the entire condominium complex. Before any transfer, it is advisable to check with the juristic office to confirm if there is enough foreign quota available. If the building is near its foreign quota limit, transferring ownership might not be feasible.
Bob *******************
Steve **********
Often yes, but farang can't own more than 49 % of units, so check with Condo Juristic .

Can always sell to Thai,.
Tony ***********
I think you’d pay every time you changed ownership. But that’s only applicable to foreign quota apartments not Thai quota
Marc ********
Changing foreigner to Thai will be no problem.

But changing Thai to foreigner depends of quota building complex
Raed ****
it's all about foreigners quota !!
Bennett ********
We bought a condo in Bangkok, & before the sale could take place, the condo manager had to obtain a report of Thai/foreigner ownership in the building, re: the 49% maximum foreign ownership rule. We were told the sale can't go through without that report. So should be very clear.
Robert **************
Oleg ***********
Never buy company name…
Andy ********
@Oleg **********
no problem with this whatsoever. It is a very tax efficiently way to buy property in Thailand. The key is to have a genuine company.

Setting up a company specifically to circumvent land laws is the risky practice.
David *******
Yes, you can. The only condition is that no more than 49% of the condo building can be foreign owned. So, if a condo is in a Thai or Company name it can only be put in foreign name if there is quota available, which is why Thai name condos are often cheaper. There is no issue changing from a foreign name to a Thai name.
Barry ********
ORIGINAL POSTER
@David ******
thanks David
Gregor **********
@Barry *******
David is the only one who gave you the correct answer. All others are wrong
Brook ********
Apartments are usually designated Thai quota (sometimes smaller units ~37sqm) and foreigner quota.

A foreigner cannot purchase a Thai quota designated unit.

A foreigner designated unit will command a higher price, even when purchased by a Thai national.
Jj ****
@Brook *******
it just depends if you are close to the max 49% foreigner... If it's not in high demand by foreigner then price is the same
Barry ********
ORIGINAL POSTER
@Brook *******
thanks for replying. I’m looking at a condo that is foreign ownership and I am looking to buy for my thai wife in her name. She is worried that as it is in foreign ownership, they can take it back from her ? Which is why I want to see if it can be transferred to thai ownership if we buy. Thanks hope this makes sense.
Tim *******
@Barry *******
also foreign named units are more expensive go for a thai name cheaper
Brook ********
@Tim ******
if a building has 51 condos at 37 sq meters and 49 units at 50 square meters…

I can almost guarantee you all the smaller units are designated Thai quota.
Jj ****
@Brook *******
it's per SQM, not number of units...
Brook ********
Edit: Actually true.
@Jj ***
completely false.

Each condo owner gets one vote per unit. You don’t get one vote for every square meter.
Jj ****
@Brook *******
totally wrong, please don't tell us you are a lawyer specialised of the condominium act! Check section 45 of the condominium act (for the voting right) and section 19 for the foreign ownership that clearly mentuoned 49% of the total floor area!
Brook ********
@Jj ***
I stand corrected.
Jj ****
@Brook *******
you said it's per unit like 49 units by foreigners and 51 Thai but it's not this at all, it's just a ratio of the SQM so it all depends on the size of each units. If total condo area is
*****
SQM then only 4900 can be own by foreigners. Same applies to voting rights
Brook ********
@Jj ***
Again, I was wrong.
Jj ****
@Brook *******
oh sorry misread, thought you said it was per unit :) have a good day
Brook ********
@Barry *******
Help me understand why you feel you need to put it in her name?

It would be more advantageous for you as a foreigner to have a fixed address, assets and roots in Thailand.

Every time you transfer it you will have to pay taxes and fees… and it will be a big headache.

She can live in a condo purchased in you name without difficulty.

She can buy a Thai quota unit much cheaper herself.
Manuel ***********
Be prepared for a lot of uneducated answers and haters telling you to not buy property in Thailand.

Here is what you need to know:

Yes, when you buy a condo you can transfer ownership to foreigner, to Thai, to company.

However, whether you are buying a brand new condo or a second hand condo, you have to check with the juristic office if this condo is available for foreign quota.

When you buy new, the agent/developer will do it for you. When you buy second hand, the agent/owner will do it for you but you can also go and ask yourself.

If you want any more advice you can message me, I own a real estate agency.
Robert **************
@Manuel **********
I believe that that 51% Thai ownership is based on total square meters of the complex not necessarily the number of units
Manuel ***********
@Robert *************
that’s correct, it’s based on the SQM and what developers do is they try to evenly distribute the units with the same sqm size.

11 units of 30sqm for Thai

9 units of 30sqm for foreigner
Christopher ********
@Manuel **********
there’s a reason for that
Oleg ***********
You must go to the juristic office and ask if there is foreigner quota available. If there is, then can change..
Michael ********
Thai to Foriegner to Thai depends on overall ownership whole complex can be maximum 49% non thai. Check woth Juristic of complex
Marc ********
@Michael *******
you mean foreigner to thai then.

I am sure government don't have any problem if thai own more than 51% of complex
Michael ********
Marc ********
@Michael *******
you said Thai to foreigner
John *********
It depends 51% have to be owned in the Thai name
Carsten ************
In some cases it's possible to do. You need to talk to the Condo managment. Don't trust an agent.
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