The Foreigner's Complete Guide to Buying a Condo in Chiang Mai
Freehold ownership, the 49% quota, transfer taxes, and the exact 7-step process — everything a non-Thai buyer needs to know in 2026.
Contents (6)
Thailand is one of the few countries in Southeast Asia that allows non-resident foreigners to own freehold real estate outright — but only for condominium units, and only within a per-building quota. This guide walks through the legal framework, the 7-step purchase process, the taxes you will actually pay, and the common mistakes that derail foreign buyers in Chiang Mai.
Can foreigners legally own a condo in Thailand?
Yes. Under Thailand's Condominium Act B.E. 2522 (1979, amended 2008), foreigners can own condominium units outright with a registered freehold title. The only hard limit is the 49% rule: foreign buyers as a group may collectively own up to 49% of the total sellable floor area in any one condominium building. Houses, land, and townhouses cannot be owned freehold by foreigners.
Freehold vs. Leasehold: which one applies to you?
Most foreign buyers want freehold — it is the cleanest ownership structure and the easiest to resell. Leasehold is the fallback when the 49% quota is full, when you are buying a house or land, or when the project was structured as leasehold from day one. Here is the side-by-side:
| Factor | Freehold | Leasehold |
|---|---|---|
| Legal instrument | Registered chanote title | 30-year registered lease |
| Applies to | Condo units only (within 49% quota) | Any property (condo, house, land) |
| Duration | Perpetual | 30 years + renewal clauses (not binding post-2025 Supreme Court) |
| Resale | Standard real-estate transaction | Assignment of lease — fewer buyers |
| Inheritance | Passes to heirs freely | Passes to heirs; lease term continues |
| Taxes at purchase | 2% transfer + ~1% others | 1.1% lease registration |
The 7-step purchase process
Assuming you have identified a unit and confirmed it sits within the foreign freehold quota, here is the path from offer to title transfer:
- Reservation agreement + deposit (typically ฿50,000–200,000, refundable under specific conditions)
- Due diligence: title search at the Land Office, juristic office fee history, outstanding assessments, and foreign quota confirmation
- Sale and Purchase Agreement (SPA) — bilingual, reviewed by your lawyer before signing
- FET (Foreign Exchange Transaction) certificate: funds must be wired from overseas in foreign currency, converted to THB on arrival, with the FET issued by the receiving bank
- Pre-transfer inspection of the unit
- Transfer day at the Chiang Mai Provincial Land Office — taxes paid on the spot by bank draft
- Register the title, collect your chanote, and update the juristic office records
Taxes and fees — what you actually pay
Transfer-day fees are usually split between buyer and seller by local custom, but the SPA should spell out who pays what. Budget 3–6% on top of the headline purchase price.
| Fee | Rate | Who pays (typical) |
|---|---|---|
| Transfer fee | 2.0% of appraised value | Split 50/50 |
| Specific Business Tax | 3.3% if seller held <5 years | Seller |
| Stamp Duty | 0.5% if SBT not applied | Seller |
| Withholding Tax | Progressive (individual) or 1% (company) | Seller |
| Juristic office transfer fee | ฿500–5,000 | Buyer |
Common mistakes foreign buyers make
- Skipping the FET certificate — without it, the Land Office will refuse to register a foreign freehold title. The funds MUST be wired from overseas in foreign currency.
- Trusting oral quota claims — always get written quota confirmation from the juristic office, dated within 30 days of transfer.
- Buying before due diligence — outstanding juristic fees follow the unit, not the seller. Check for arrears.
- Using a non-specialist lawyer — Thailand property law has traps unfamiliar to international counsel. Use a Thai lawyer with condo-transfer experience.
- Assuming the 30+30+30 lease is 90 years — per the 2025 Supreme Court ruling, it is 30 years, full stop.
Browse verified freehold condos in Chiang Mai
Every listing shows its current foreign quota availability up front — no hidden surprises at transfer day.
What happens after you own it?
Ongoing costs include the Common Area Maintenance (CAM) fee — usually ฿30–80 per square metre per month in Chiang Mai — plus the sinking fund, annual property tax (0.02–0.1% of appraised value for residential use), and utilities. If you rent your unit out, income is taxable in Thailand at progressive rates, and you will need to register with the Revenue Department.