Thailand Condo Foreign Freehold (49%): A Plain-English Guide for Hua Hin
If you’re buying a condo in Hua Hin as a foreigner, you’ll hear about the 49% foreign freehold rule. In short: foreigners can own condo units freehold, but only up to 49% of the building’s sellable residential area. Below is the practical version — how the quota works, how to transfer funds (FET/credit advice), timelines, costs, and the mistakes to avoid.
What “49% Foreign Freehold” Actually Means
Documents & Money Flow (FET / Credit Advice)
Timeline: From Reservation to Transfer
Building Rules, Fees & Ongoing Costs
Short-Term Rentals (<30 Days)
Common Pitfalls (and How to Avoid Them)
Quick Compare: Condo vs Villa (Ownership)
- The quota is calculated on the building’s residential area (not number of units).
- A unit can transfer to a foreign buyer only if quota is available at transfer.
- Ask for a written confirmation of foreign quota before paying a reservation.
- Some developers keep waitlists; confirm your place in writing.
Documents & Money Flow (FET / Credit Advice)
- Funds for a condo purchase should be remitted from abroad in foreign currency with the purpose “condo purchase.”
- Your receiving Thai bank issues FET/credit advice. The Land Office will ask for it at transfer.
- Keep names and amounts consistent across the wire, passport, and the Sale & Purchase Agreement (SPA).
Timeline: From Reservation to Transfer
- Reservation & due diligence (1–2 weeks): confirm foreign quota, review building rules, fees, and title docs.
- Sales & Purchase Agreement (1–3 weeks): agree price, inclusions, payment schedule, handover conditions.
- Transfer at the Land Office (ready units): present FET, pay transfer fees, update utilities/management.
Building Rules, Fees & Ongoing Costs
- CAM (HOA) fees: monthly/annual; know the rate and what it covers.
- Sinking fund: one-time at first transfer for long-term capital items.
- House rules: pets, renovations, rental terms (30+ days), parking, storage.
- Ask for the management budget and recent AGM minutes if available.
Short-Term Rentals (<30 Days)
- Most residential condos restrict stays under 30 days unless the project is properly licensed (hotel).
- If short-term yield matters, look for licensed setups or consider a villa with compliant local rules.
Common Pitfalls (and How to Avoid Them)
- Assuming quota exists: never rely on hearsay — get written confirmation.
- Wrong remittance: wire from abroad with the correct purpose; secure FET.
- Ignoring CAM/sinking: model ongoing and one-off costs up front.
- Skipping legal review: use an independent Thai lawyer (not the developer’s).
Quick Compare: Condo vs Villa (Ownership)
- Condo: foreign freehold within the 49% quota; FET required.
- Villa: typically land leasehold (often 30 yrs + renewals) + house ownership/superficies.
- Thai company route? Only for a genuine Thai-majority business (nominee setups are illegal/risky). For a personal home, the mainstream route is leasehold land + house ownership — always consult your lawyer.
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