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ResourcesThailand Real Estate & Property LawThailand Condominium LawWhat Is the Definition of a "Condo" in Thailand?

What Is the Definition of a "Condo" in Thailand?

Transcript of the above video:

As the title of this video suggests, we are discussing the definition of "Condo" in Thailand. I thought of making this video after reading a recent comment on our channel, quoting directly: "Ben, are townhouses considered a 'condo' under the Act?" The Act being the Thai Condominium Act and the Thai Condominium Act has been once amended and that is relevant to this video because it is my understanding again, and this is kind of anecdotal talking to some old hands, expats and lawyers who have been out here for years, they told me yeah, years ago there were certain "condos" that were set up in much more creative ways. There were certain complexes out there that effectively would, I have heard tell of like row houses, sort of akin to townhouses, they were able to sort of wedge this under the Act and allow foreigners to own them. I have also seen buildings that were set up under the old Act where effectively what we would call commercial space is sold even with Freehold title. For those who are unaware, foreigners can have freehold title to a Condo in Thailand so long as it meets the requirements, it meets the definition under the Thai Condo Act. And again, under the old Act, it's my understanding was there was much more leeway. Under the new one, Condos are kind of precisely what you think of them although I have talked to lawyers over the years, colleagues and things, that have gotten creative with how they are able to maneuver certain structures through the Condo Act and do some really creative things with the real estate, the underlying real estate associated with Thai Condos. 

So on the one hand, I probably sound like a broken record, every set of circumstances is going to be different and that is going to kind of drive the interpretation of whether or not something falls under the definition of "Condo" under the Act but my understanding is again this is from anecdotal information I have gotten from colleagues and things out here over the years, that look at the end of the day condos are, in the past there was a little bit more laxity but these days it is kind of exactly what you think of them as, these sort of apartment complex looking buildings, only you are allowed to buy within them and again foreign nationals cannot buy real estate in Thailand, they are restricted from owning real estate in Thailand in any other context except for condos and you can have a freehold title to a Condo but it has got to meet the requirement under the Act. Again in the past the prior duration of the Act, yeah it was a little bit more lax but these days No, it is pretty much what you see is what you get that kind of apartment complex looking look and feel.