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Written breakdown

Buying a condo in Thailand: eight steps from choosing the building to holding the title

· Oleg Svyatenko, RERA broker

Buying a condo in Thailand comes down to 8 steps: pick a condominium with foreign quota left, check the land and the developer, read the draft contract, pay from abroad, inspect before the final payment, register, write a Thai will and plan the exit. The sequence comes from a practitioner with 12 years in the Thai market.

Step 1. What can a foreigner actually own?

A unit in a condominium, and only inside the foreign quota: 49% of the total unit area of the building. The quota is measured in square metres, not in the number of units, and it sells out first.

The word “apartment” means something else in Thailand. An apartment building belongs to a single owner, and a unit in it can only be leased. The first question to any seller is therefore whether this is a condominium or an apartment, and whether the right on offer is ownership or a lease.

Land is not sold to foreigners at all. A villa is structured differently: the plot is leased for 30 years while the building itself can be registered as owned. Commercial property is available on a lease only.

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Owners of condominium units, Thai and foreign alike, jointly own the land under the building and its common areas. Nobody else can turn up later with a claim to the pool or the car park.

Step 2. How do you check the developer and the land?

Thailand has no escrow accounts for off-plan sales. Payments go straight to the developer, and if the company fails, contractors and suppliers are paid first and buyers after them. Checking is not a formality here.

The state land registry shows who owns the plot and whether it carries an encumbrance. The site is in Thai, but an online translator copes with it. A bank charge on the land usually means the plot was bought on credit or in instalments.

At the pre-sale stage the developer may only be leasing the plot. The practitioner’s rule was blunt: if you do not want that risk, do not buy at pre-sale. Come in once the land is registered to the developer.

Reputation is checked through local lawyers. The market is small, the lawyers who litigate against developers know one another, and two or three calls are enough to learn whether buyers are suing a given company. The benchmark is a developer with 30 to 40 years of completed projects behind it.

Step 3. What should you look for in the draft contract?

The draft sale contract is open information in Thailand. A developer sends it on request before any reservation, and reading it before signing is the buyer’s legal right. Sometimes the contract itself decides whether to buy.

The first thing to find is the quota box. If the contract marks the unit as Thai quota by mistake, that entry goes into the system automatically. Moving a unit from Thai quota into foreign quota later is practically impossible, because free foreign quota almost never exists. The reverse move is unrestricted.

The contract is drawn up in Thai and English, with a clause stating that both versions are identical and that disputes are settled under the laws of the Kingdom of Thailand.

Changes are made by addendum. Developers dislike it, since their lawyer drafts the text and must approve every edit, but it is done when the buyer insists.

Step 4. Where must the money come from?

From outside Thailand, by bank transfer. To register freehold in a foreigner’s name, the land office needs a bank certificate confirming that the whole amount entered the country from abroad.

The country of origin does not matter: a citizen of one state may pay from an account in another. What matters is that the funds crossed the border through a bank.

Cash handed over locally, or a transfer made inside Thailand, closes the road to freehold. The practitioner was explicit that offers to arrange the certificate after the fact are known to the land office and are challenged there.

Step 5. Why is the unit inspected before the final payment?

Because that is how Thai practice works. Instalments follow the construction schedule, tied either to dates or to stages, and the last and largest one is paid after inspection. With many developers it is 40–50% of the price.

Until the defects are fixed, the buyer is entitled not to pay. It is a strong lever, and it is the main protection a buyer has in a market without escrow.

Do not confuse the lever with delay. Buyers sometimes postpone acceptance by six months or a year, and developers tolerate it. In one case described at the session the developer went out of business while waiting, and finished but unregistered units were sealed until the owners proved payment in court, which took about a year.

Step 6. How is title registered, and how long does it take?

Ownership arises at the land office, and only once the building is complete. Until then the buyer holds nothing but an unregistered contract with the developer; there is no interim registration of an off-plan unit.

The transfer fee is 2%. It is usually split equally between buyer and developer, though no rule fixes this, and a developer may absorb all of it. A contribution to the building’s future repair fund is paid at the same time.

The title deed itself is often late. During construction the developer pledges the deeds to a bank and redeems them as final payments arrive. The usual wait is 3 to 8 months after completion; in bad cases it has run to 5 years.

Step 7. What to do straight after the purchase

Write a will with a Thai lawyer, in Thai. Heirs have 6 months to claim an estate; if nobody comes forward, the unit passes to the state roughly a year after the owner’s death. With a Thai will the court deals with it in a single hearing.

Tell your family the address and hand over copies of the contract and the deed. Units are lost precisely because relatives never knew they existed.

Find out who manages the building. Owners meet once a year, vote on how the common fund is spent and may replace the management company after its first year. A proxy can attend on your behalf.

Step 8. How do you get out?

Slowly. Selling a completed unit takes from 5 months to 2 years. There is no single listings portal, agents prefer new-build commissions, and buyers are found through social media groups, agency sites and messaging lists.

On the resale market the deposit is almost always non-refundable, and settlement normally takes place at the land office on the day of registration. The main fraud risk is a seller acting under a forged power of attorney, so the owner should be contacted directly.

The conclusion for a buyer is simple: Thailand is a market for long ownership. It suits someone who will live in the unit part of the year far better than someone who may need the money back within twelve months.

Frequently asked

Can a foreigner own a condo in Thailand in their own name?

Yes, in a condominium and within the foreign quota of 49% of the building’s total unit area. The right is perpetual and can be sold, mortgaged and inherited.

Does Thailand have escrow accounts for off-plan purchases?

No. Payments go directly to the developer, which is why the land is checked in the state registry and the company’s history is checked through local lawyers before any deposit.

When is the final payment made on an off-plan unit?

After the inspection. With many developers the final payment is 40–50% of the price, and the buyer may withhold it until defects are fixed.

How long does the title deed take after completion?

Usually 3 to 8 months. Where the deeds are pledged to a bank and the developer redeems them slowly, the wait can stretch to several years.

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