20 August 2026 · 2 min read · By Azure Estates legal team
The 49% foreign quota, explained before you reserve
Why the first question to ask about any Thai condominium is how much of the foreign quota is left, and what happens when it runs out.
Every condominium building in Thailand has two kinds of units on paper: those that may be registered to foreigners and those that may not. The split is not decided unit by unit. It is a running total, and the total for foreigners is capped at 49% of the building's saleable floor area under the Condominium Act.
What the quota actually measures
The 49% is measured in square metres, not in the number of units. A building with 1,000 units of equal size can register roughly 490 of them to foreign owners. Larger units consume more quota than small ones, which is why developers sometimes hold back big sea-view units for foreign buyers and sell studios into the Thai quota.
The juristic person (the building's management entity) keeps the register. Before any transfer, the Land Office asks for a letter confirming that the foreign-owned area, including the unit being transferred, stays under the limit.
Why it matters at reservation, not at transfer
In a popular off-plan project, the foreign quota can be fully subscribed long before the building is finished. A buyer who reserves without a quota confirmation may reach transfer day and find they cannot register the unit in their own name. The usual fallbacks, a Thai company or a leasehold registered against the unit, are weaker forms of ownership and are not what the buyer paid for.
Our practice is simple: the quota letter, or the developer's written allocation for the specific unit, comes before the reservation fee.
Questions to ask the developer
- How much of the foreign quota is allocated today, in square metres and as a percentage?
- Is this specific unit allocated to the foreign quota in the sale agreement?
- What happens to my deposit if the quota is exhausted before transfer?
- Will the developer issue the quota letter at transfer at no extra cost?
Resale units
For a resale, the seller must be a foreign owner and the building's foreign area must still be under 49% after the transfer, which is usually the case if the seller is already counted. The juristic person issues a debt-free letter and a quota letter together; both are required at the Land Office.
This article is general information, not legal advice. Our legal team reviews quota status for every reservation we handle.