You bought legally inside the foreign quota. Then the building quietly sold past it. Does your title now stand on cracked ground? No — and here is why.
The quota applies at transaction time
The Article 19 foreign ownership caps (30% of units per building) are tested when each transaction is established. A certificate lawfully issued to you inside the quota is not retroactively tainted because later sales overshoot it. Your ownership stands.
Whose problem is the overshoot?
The seller’s and the regulator’s — not yours. Developers and sellers who transact beyond the quota face the administrative consequences; the earlier lawful buyer’s title is not the instrument of enforcement.
What it affects: your resale
When you sell, the quota is tested again at that moment. If the building is over quota when you sell to another foreigner, that new transaction may not clear — plan your exit buyer pool accordingly, and check the quota position before listing.
Frequently Asked Questions
Does my title suffer if the building later exceeds the quota?
No — the quota is tested when each transaction is established. A lawfully issued certificate is not retroactively affected by later overshooting sales.
Who is responsible for the overshoot?
The seller who oversold and the regulator — not the earlier lawful buyer. Administrative consequences fall on the transacting parties.
Can I still sell my unit afterwards?
The quota is tested again at resale time. If the building is over quota, selling to another foreigner may not clear — check before listing.
This article has been quality-reviewed by the FLAW AI Legal Council
