New Thailand investment visa for property buyers. Minimum THB 3,000,000 investment. Freehold & leasehold options available. Contact us for eligibility review if your desired foreign quota Thailand condo is full.
The Thai real estate market in 2026 is moving faster than ever. For international buyers, purchasing a condominium in Bangkok, Phuket, or Koh Samui represents more than just securing a tropical getaway or a high-yield rental asset. For many, it is the ultimate pathway to securing a life in the Kingdom.
However, many eager investors hit a frustrating legal roadblock just as they are ready to transfer funds: the foreign quota Thailand condo limit has been reached.
If you are navigating the property market with the goal of securing a Thailand Visa by Investment, hitting the quota ceiling can feel like a disaster. But is it the end of the road? In this comprehensive guide, the legal experts at Sukhothai Inter Law break down what the foreign quota is, how it impacts your visa eligibility, and the legal workarounds available if your dream building is “sold out” to foreigners.
What is the Foreign Quota in Thailand?
Under the Thai Condominium Act, foreigners are legally permitted to own condominium units freehold (in their own name). However, there is a strict mathematical limit: foreigners can only own up to 49% of the total salable floor area of any single condominium building. The remaining 51% must be owned by Thai nationals or Thai legal entities.
This 49% allocation is universally known as the “Foreign Quota.”
When a new luxury development launches, especially in hotspots popular with expats, the foreign quota sells out rapidly. By the time you find the perfect unit, you might be told that only “Thai Quota” units remain.
Why the Quota Matters for Your Visa Strategy
Understanding this quota is absolutely critical if your primary goal is a Visa Through Property Thailand.
With the introduction of the New Thailand Investment Visa frameworks, the Kingdom has made it highly attractive for foreigners to bring capital into the country. The premise is straightforward: Invest THB 3M, Stay Thailand.
To Buy Condo & Qualify for Visa, the property must meet specific legal and financial thresholds. The guidelines dictate that applicants can qualify at any age with buying condo value 3 million or rental apartment with monthly 85,000 baht.
This Thailand Property Visa THB 3M route is one of the most accessible ways to achieve a Long-Term Stay via Investment. However, to use a condominium purchase to qualify for this specific Property Investment Visa, the Land Department and Immigration Bureau generally prefer to see a freehold title deed (Chanote) registered in your name—which brings us right back to the necessity of the foreign quota.
What Are Your Options if the Foreign Quota is Full?
If you want to Invest THB 3M & Stay Long-Term in Thailand, but the foreign quota Thailand condo limit is maxed out in your chosen building, you have three primary legal alternatives.
1. The Leasehold Route (Registered Lease)
If the 49% foreign freehold quota is full, you can still acquire a unit on the Thai side of the quota by leasing it. In Thailand, foreigners can legally register a lease agreement at the Land Department for a maximum of 30 years.
Developers often offer a “30+30+30” structure, which includes contractual promises to renew the lease for two additional 30-year terms.
Does this help with the visa? Yes, it can. Under the broader investment frameworks, freehold & leasehold options are available depending on the specific visa category you are applying for. A long-term registered lease of a high-value property or a rental apartment with a monthly rate of 85,000 baht can satisfy the requirements for certain long-stay tracks. Correct structuring and legal review are essential here, as Immigration scrutinizes leasehold structures far more closely than freehold ownership.
2. Purchasing Through a Thai Limited Company
Another highly common strategy for bypassing a full foreign quota is to set up a Thai Limited Company to purchase the unit under the 51% Thai quota.
Because the company is registered in Thailand and majority-owned by Thai shareholders (at least 51%), it is treated as a Thai legal entity and can freely buy Thai quota property.
The Legal Warning: The Thai government strictly prohibits the use of “nominee shareholders” (Thais who hold shares purely in name without actual investment or voting power). If you choose this route, your company must be a legitimate business entity with real Thai partners, proper accounting, and annual tax filings. While this secures the property, using a company-owned asset to personally qualify for a Property Investment Visa is highly complex and requires expert legal orchestration to prove your direct investment.
3. Purchasing a Resale Unit from Another Foreigner
The foreign quota applies to the building’s total floor space, not the individual transactions. If the quota is 100% full, the only way a new foreigner can buy freehold is if an existing foreign owner sells their unit.
Buying a resale unit directly transfers the foreign freehold status to you. This is the safest and most direct way to secure a property that will seamlessly support your application for the Thailand Property Visa THB 3M.
Navigating the Legal Landscape with Sukhothai Inter Law
Looking to stay long-term in Thailand through property investment? We provide end-to-end legal support under the new investment visa framework.
Whether you are securing a foreign quota unit, navigating a 30-year registered lease, or establishing a compliant Thai Limited Company, you need a law firm that understands both real estate law and immigration policy.
At Sukhothai Inter Law, we ensure that your property purchase isn’t just a safe transaction, but a perfectly structured stepping stone to your new life in Thailand. We handle the due diligence, contract review, funds transfer compliance (FET forms), and the subsequent visa application.
Ready to secure your future in the Land of Smiles?
If you are planning to utilize the investment visa route, proper legal guidance is not optional—it is mandatory. Contact our visa lawyers today to review your eligibility and secure your property safely.
👉 Apply for your Visa and Legal Consultation Here: Thailand Property Investor Visa Application
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Contact Sukhothai Inter Law
Koh Samui Office: 119/2 Moo 1, T.Bophut, A. Koh Samui, Surathani, 84320
Bangkok Office: 17 Chan 35, Chan Road, Sathorn, Bangkok 10120
Pattaya Office: 33/35 Moo 11, Soi Kohpai, (Soi 6 Theprasit) T. Nongprue, A. Banglamung, Chonburi, 20150
Phone: +662 212 6866-7
Fax: +662 213 3124
Email: info@sukhothaiinterlaw.com
Whatsapp: +66846764436
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