CONDOMINIUM ACT OF THAILAND (1999)
Condominium Act of 1999
Section 19 (1): Aliens and Juristic persons which the law treats as aliens may
own a condominium unit if they qualify as one of the following types of aliens
or juristic persons:
- An alien who has been permitted to stay in the kingdom as a resident
under the laws of immigration.
- An alien who has been permitted to enter the Kingdom under the laws
on promotion of investment.
- A juristic person as prescribed under Sections 97 and 98 of the land
code which has been registered as a juristic person under Thai law.
- A Juristic person who is an alien under Announcement of the National
Executive Council No. 281, dated 24 November B.E. 2515, and which
has received a promotion certificate under the laws on promotion of
investment.
- An alien or a juristic person which the law treats as an alien which
imports foreign currency into the Kingdom or withdraws money from
a deposit account of Thai Baht of a person having residence abroad
or withdraws money from a deposit account of foreign currency
Section 19 (2): Each condominium may have aliens and / or juristic persons
as stated under section 19 take ownership of its units in total of not more
than forty-nine per cent of the whole area of all units in that condominium
as shown at the time the condominium was registered.
In any condominium where aliens or juristic persons as stipulated in section 19
take ownership of units in excess of the rate as prescribed by the preceding
paragraph, that condominium shall be located in Bangkok, municipal or other
local government areas as prescribed by Ministerial Regulations, and the area
of the land on which the condominium is situated including the land available
for use or for common interests of its co-owners shall not exceed five rai.
The ownership of units pursuant to the second paragraph, which is acquired
by aliens or juristic persons as stated in section 19, shall be in accordance
with the rules, methods and conditions prescribed by Ministerial Regulations.
Section 19 (3): To transfer ownership of a condominium unit to an alien or
a juristic person as stated under Section 19, the transferor of ownership in
the condominium unit shall give the names of the aliens or juristic persons as
stated under Section 19 and the ratio of the area of the condominium units
of which aliens and juristic persons have ownership to the competent official,
and the alien or juristic person who applies to accept the transfer of
ownership in the condominium unit shall provide the following evidence
to the competent official:
- An alien prescribed under Section 19(1) shall produce evidence of a
permit to hold residency in the kingdom under the laws on immigration.
- An alien prescribed under Section 19(2) shall produce evidence of a
permit to enter the kingdom under the laws on promotion of investment.
- A juristic person prescribed under Section 19(3) shall produce evidence
of being registered under Thai law.
- A juristic person prescribed under Section 19(4) shall produce evidence
of being a holder of a promotion certificate under the laws on promotion
of investment.
- An alien or a juristic person as prescribed under Section 19(5) shall
produce evidence of having imported foreign currency into the Kingdom
or evidence of withdrawal from a deposit account of Thai Baht of a
person having residence abroad or evidence of withdrawal from a
deposit account of foreign currency in the amount of not less than
the price of the unit to be purchased.
Section 19 (4): When a competent official who has received and checked the
documents and evidence under Section 19, and has found that they are
correct documents and evidence according to Section 19 and that the ratio of
ownership of the area of the condominium units held by aliens or juristic
persons under Section 19, also by those who have acquired ownership and by
those who have applied to accept ownership, does not exceed the rate
prescribed under the first paragraph of Section 19 or meets the requirements
under the second and third paragraph thereof, the competent official shall
register the right and juristic act concerning the condominium unit according
to Chapter IV for the alien or juristic person who applied to accept ownership.
Section 19 (5) An alien or a juristic person prescribed under Section 19 shall
dispose of the condominium unit under the following circumstances:
When an alien or juristic person prescribed under Section 19 has acquired a
condominium unit through inheritance as legitimate heir or legatee of a will or
through any other means, as the case may be, which when added to the units
in that condominium already owned by aliens and/or juristic persons prescribed
under Section 19, causes the ratio prescribed under the first paragraph of
Section 19 to be exceeded, or does not meet the requirements under the
second or third paragraph of Section 19
When a competent official who has received and checked the documents and
evidence under Section 19, and has found that they are correct documents
and evidence according to Section 19 and that the ratio of ownership of the
area of the condominium units held by aliens or juristic persons under Section
19, also by those who have acquired ownership and by those who have
applied to accept ownership, does not exceed the rate prescribed under the
first paragraph of Section 19 or meets the requirements under the second and
third paragraph thereof, the competent official shall register the right and
juristic act concerning the condominium unit according to Chapter IV for the
alien or juristic person who applied to accept ownership.
An alien or a juristic person prescribed under Section 19 shall dispose of the
condominium unit under the following circumstances:
- When an alien or juristic person prescribed under Section 19 has
acquired a condominium unit through inheritance as legitimate heir or
legatee of a will or through any other means, as the case may be,
which when added to the units in that condominium already owned by
aliens and/or juristic persons prescribed under Section 19, causes the
ratio prescribed under the first paragraph of Section 19 to be exceeded,
or does not meet the requirements under the second or third paragraph
of Section 19.
- When an alien prescribed under Section 19(1) has had his/her residency
in the Kingdom revoked or when his/her Certificate of Alien Residency is
not valid.
- When an alien prescribed under Section 19(2) or (5) has been exiled out
of the Kingdom and has not been granted leniency or has been sent out
of the Kingdom to work instead of being exiled.
- When an alien prescribed under Section 19(2) is not permitted by the
board of investment to remain in the Kingdom.
- When the promotion certificate of a juristic person prescribed under
Section 19(4) has been revoked.
An alien or juristic person which is required to dispose of a condominium unit
under the preceding paragraph must give written notice to the competent
official within 60 days of the date of the preceding paragraph having
occurred.
Under Sub-section (1) the condominium unit which causes the ratio to be
exceeded shall be disposed of. Under Sub-sections (2), (3), (4) and (5) all
the condominium units owned by the alien shall be disposed of.
Disposal of a condominium unit under paragraph three shall be made within a
period of not more than one year from the date of the ownership of the
condominium unit, the date the residence permit has been revoked, the date
the certificate of residency has been invalidated, the date of exile, the date
the board of investment revoked the permit to stay in the Kingdom, or the
date the promotion certificate has been revoked, as the case may be. If it is
not disposed of within the stated period of time, the Director-General of the
Lands Department shall have the authority to dispose of the condominium
unit, and the provisions relating to enforcement of the disposal of land under
Chapter 3 of the Land Code and Ministerial Regulations issued under the code
shall apply mutatis mutandis to the disposal of the condominium unit.
Section 19 (6): When a competent official orders the revocation of a
residency permit in the Kingdom, when it is evident to a competent official
that a Certificate of Residency of an alien is not valid as required under
Section 19(1), when a competent official orders the exile out of the Kingdom
of an alien as prescribed under Section 19(1), (2) or (5), when the permit to
stay in the Kingdom of an alien as prescribed under Section 19(2) is revoked,
or when there is a revocation of a promotion certificate for a juristic person
as prescribed under Section 19(4), as the case may be, the competent official
shall notify the Director-General of the Lands Department within 60 Days from
the date of the order or the date of learning such fact.
Section 19 (7) An alien or a juristic person which the law treats as an alien,
except one prescribed under Section 19, which has acquired a condominium
unit through inheritance as legitimate heir or legatee of a will or through any
other means, as the case may be, shall give written notice to the competent
official within 60 days from the date of ownership of the condominium unit and
shall dispose of that unit within a period of not more than one year from the
date of acquiring possession of the unit. If it is not disposed of within such
period of time, the provisions of Section 19(5), paragraph four, shall apply
mutatis mutandis.
Section 19 (8) Whoever acquires ownership of a condominium unit while
holding Thai nationality but later loses Thai nationality by waiving Thai
nationality, nationalization or having Thai nationality revoked under the laws
on nationality and is not an alien as prescribed under Section 19 shall notify
the competent official of the loss of Thai nationality and the fact that
ownership of the condominium unit may no longer be held within 60 days
of the date of loss of Thai nationality. The condominium unit shall be disposed
of within a period of not more than one year from the date of loss of Thai
nationality. If it is not disposed of within such period of time, the provisions
of section 19(5), paragraph four, shall apply mutatis mutandis.
Section 19 (9) Whoever acquires ownership of a condominium unit while
holding Thai nationality but later loses Thai nationality by waiving Thai
nationality, nationalization or having Thai nationality revoked under the laws
on nationality, is an alien prescribed under Section 19, and wishes to continue
to hold ownership of the condominium unit, shall notify the competent official
of the loss of Thai nationality and shall present evidence of being an alien as
prescribed under Section 19 to the competent official within 180 days from
the date of the loss of Thai nationality. If the ownership in the condominium
unit of that alien causes the ratio prescribed under the first paragraph of
Section 19(2) to be exceeded or does not meet the requirements under the
second or third paragraph of Section 19(2), the condominium unit which
causes the excess of the ratio or which does not meet the requirements shall
be disposed of within a period of not more than one year from the date of loss
of Thai nationality. If it is not disposed of within such period of time, the
provisions of Section 19(5), paragraph four, shall apply mutatis mutandis.
If the alien as prescribed in paragraph one does not desire to hold ownership
of that condominium unit, the competent official shall be notified within 60
days from the date of the loss of Thai nationality, and the condominium unit
shall be disposed of within a period of not more than one year from the date
of the loss of Thai nationality. If it is not disposed of within such period of
time, the provisions of Section 19(5), paragraph four, shall apply mutatis
mutandis.
Section 19 (10): When a Thai juristic person which owns a condominium unit
has its juristic status changed to that of a juristic person the law treats as an
alien and is not a juristic person prescribed under Section 19, the competent
official shall be notified of the change in status and the fact that the juristic
person is not qualified to own that condominium unit within 60 days from the
date of the change of status. The condominium unit must be disposed of
within a period of not more than one year from the date of the change of
status. If it is not disposed of within such period of time, the provisions of
section 19(5), paragraph four, shall apply mutatis mutandis.
Section 19 (11): When a Thai juristic person which owns a condominium unit
has its juristic status changed to that of a juristic person the law treats as an
alien juristic person and is a juristic person which may own a condominium unit
as prescribed under Section 19 wishes to own that unit further, the
competent official shall be notified in writing of the change in status. Evidence
of being a juristic person as prescribed under Section 19 shall be presented to
the competent official within 180 days from the date of the change in status.
If the ownership of that juristic person causes the ratio prescribed under
Section 19(2) to be exceeded, the unit exceeding the ratio shall be disposed
of within a period of not more than one year from the date of the change in
status. If it is not disposed of within such period of time, the provisions of
Section 19(5), paragraph four, shall apply mutatis mutandis.
If the juristic person under paragraph one does not wish to own the
condominium unit any further, the juristic person shall notify the competent
official of the change in status within a period of 60 days from the change of
status, and shall dispose of the unit within a period of not more than one year
from the date of the change in status. If it is not disposed of within such
period of time, the provisions of Section 19(5), paragraph four, shall apply
mutatis mutandis.
Section 19 (12): When an alien or a juristic person which the law treats as
an alien which has the duty to notify the competent official of the disposing
of a condominium unit under Section 19(5), the acquiring of a condominium
unit under Section 19(7), loss of Thai nationality under Section 19(8) and
Section 19(9) or change of status of a juristic person under Section 19(10)
and Section 19(11), as the case may be, fails to notify the competent official
within the prescribed time, it shall be an offence and the alien or juristic
person shall be fined not more than 500 Baht per day throughout the duration
of the violation.
Section 19(13): Anyone owning a condominium unit on behalf of an alien or a
juristic person which the law treats as an alien, regardless of whether an alien
or juristic person is entitled to own a condominium unit under this Act, shall be
considered to have committed an offence and penalized with a term of
imprisonment of not more than two years or a fine of not more than 20,000
Baht, or both, and the provisions of Section 19(5), paragraph four, shall apply
mutatis mutandis.
If there is reasonable cause to suspect that a person has acquired ownership
of a condominium unit in violation of the provisions of this Act, the competent
official is empowered to verify and call the relevant persons to make a
statement or submit related documents or evidence for consideration as
necessary.
Anyone who violates or fails to comply with the provisions of paragraph two
shall be considered to have committed an offence and shall be penalized with
a term of imprisonment of not more than three months or a fine of not more
than 6,000 Baht, or both.
The following paragraph should be added to section 55 as paragraph three of
the Condominium Act, B.E. 2522:-
An alien or a juristic person prescribed under Section 19 who is named owner
on a land title deed as a result of the registration of dissolution of a
condominium under paragraph one shall dispose of his/her own portion of the
land within a period of not more than one year from the date of the
registration of dissolution. If it is not disposed of within such period of time,
the provisions of Section 19(5), paragraph four, shall apply mutatis mutandis.
