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Condominium & Foreign Ownership Overview: Introduction to Thai Law
Comprehensive introduction to condominium & foreign ownership principles, historical development, and key legislation governing condominium & foreign ownership matters in Thailand.
Introduction to Condominium & Foreign Ownership
Thailand restricts foreign land ownership under the Land Code B.E. 2497 (1954): as a rule, a foreign national cannot own land outright. Foreigners can, however, own condominium units in their own name under the Condominium Act B.E. 2522 (1979), provided foreign owners do not hold more than 49% of the total unit floor area in a building. For landed property, foreigners commonly use a registered lease (up to 30 years), own the building separately from the land, or register a usufruct, superficies or right of habitation. Using a Thai national or Thai company as a nominee to hold land for a foreigner is illegal. This hub explains each lawful route and its limits.
This comprehensive guide provides an overview of condominium & foreign ownership in Thailand, covering key principles, relevant legislation, and practical considerations for anyone navigating the Thai legal system.
Key Principles
Legal Framework
Thai condominium & foreign ownership operates within a civil law tradition, with codified statutes forming the primary source of law. Judicial precedent plays a secondary role.
Court Jurisdiction
Condominium & Foreign Ownership matters are heard in the Courts of First Instance, with appeals to the Court of Appeal and Supreme Court (Dika Court).
Statutory Basis
Primary legislation includes Condominium Act B.E. 2522 (1979) and amendments and Land Code B.E. 2497 (1954), along with relevant royal decrees and ministerial regulations.
Constitutional Protections
The Thai Constitution guarantees fundamental rights that apply to all condominium & foreign ownershipproceedings, including due process and equal protection.
Key Legislation
Scope & Application
Condominium & Foreign Ownership in Thailand applies to:
- All persons within Thai territory (Thai and foreign nationals)
- Conduct occurring within Thailand's borders
- Certain extraterritorial conduct by Thai nationals
- Matters falling within the subject matter jurisdiction of relevant courts
More Condominium & Foreign Ownership Topics
When Legal Representation Matters
If you need assistance with condominium & foreign ownership matters in Thailand, professional legal advice can help protect your interests.
Anglo Siam Legal provides experienced legal services across Thailand for both Thai nationals and foreigners.
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