FAQs Relating to Buying Off-Plan Property

Investing in off-plan property can be a strategic way to enter the Thai real estate market early — securing competitive pricing, flexible payment terms, and potential capital appreciation as the development progresses. Whether you’re a first-time buyer or an experienced investor, understanding the advantages, risks, and legal considerations before signing a contract is key to making a confident decision. Our FAQ breaks down what off-plan investment really involves and how to protect your interests every step of the way.

What is an off-plan property investment?

An off-plan property investment involves purchasing a property before construction is completed (or before construction begins). Buyers usually make staged payments while the project is being developed.

Is buying off-plan property legal in Thailand?

Yes. Buying off-plan property is legal in Thailand. However, the level of legal protection depends on the property type and the terms of the sale agreement.

Condominium units are subject contract law, consumer protection act and the Condominium Act, which provides statutory protections for buyers.
Houses, villas, and other non-condominium properties are governed mainly by contract law, consumer protection act and the Civil and Commercial Code

What are the advantages of off-plan property investment?

Common advantages include:

Lower purchase prices compared to completed units
Flexible payment schedules during construction
Potential capital appreciation upon project completion
Early choice of units and layouts

What are the main risks of off-plan investments?

Key risks include:

Construction delays or incomplete projects
Developer financial instability
Differences between marketing materials and the completed property
Market fluctuations affecting resale or rental demand

Proper due diligence and legal review are essential to mitigate these risks.

What legal protections apply to buyers?

Legal protection varies by property type:

Condominium projects: Developers must comply with the Condominium Act, including registration requirements and adherence to approved plans and representations.
Non-condominium projects: Buyer protection relies largely on contractual terms. The sale agreement should clearly address completion timelines, penalties for delay, refund rights, and dispute resolution.

What due diligence should be conducted before buying off-plan?

Buyers should verify:

Developer’s track record and registered capital
Legal ownership of the land (title deed verification)
Zoning and land-use compliance
Environmental Impact Assessment (EIA) approval, if required
Building and construction permit status
Terms of payment schedules and refund provisions

Professional legal review is strongly recommended.

How are payments typically structured?

Off-plan purchases usually involve:

Initial reservation fee or booking deposit
Down payment
Staged payments linked to construction milestones
Final payment upon transfer of ownership

Funds may be committed for 2–3 years or longer depending on project size and progress.

Can foreign buyers invest in off-plan property?

Yes, but with restrictions:

Foreigners may generally purchase condominium units within the foreign ownership quota
Foreign ownership of land is restricted; villas or houses may require alternative legal structures
Funds must typically be remitted from overseas in foreign currency for condominium purchases

How do current market conditions affect off-plan investments?

Market conditions in 2025 remain mixed:

Construction timelines may be longer due to regulatory and financing factors
Some areas experience oversupply, which can affect price appreciation
Financing conditions may vary depending on bank policy and buyer eligibility

Buyers should assess whether the investment is for long-term holding, rental income, or resale.

Are bank loans available for off-plan purchases?

Yes. Financing availability depends on:

Buyer’s residency and income status
Bank lending policies
Project approval status

Loan-to-value (LTV) policies may change over time, and buyers should confirm current eligibility with lenders.

What happens if the developer fails to complete the project?

Remedies depend on the contract and applicable law. Possible outcomes include:

Contract termination and refund claims
Legal action for damages
Participation in insolvency proceedings, if applicable

Strong contractual safeguards are critical.

How can Magna Carta help?

Magna Carta assists clients with:

Professional legal advice helps protect buyers before committing to an off-plan investment in Thailand.

Thinking about investing in an off-plan property in Thailand but unsure where to start? Contact Magna Carta today to schedule a consultation and ensure your property purchase is secure, compliant, and aligned with your financial goals.

Disclaimer: This content is for general information only and does not constitute legal advice. Off-plan property investments involve risks, and independent legal advice should be obtained before proceeding.

This content has been updated, reviewed, and verified on January 2026 by:

Supat Samunram (Barrister)

Licensed Attorney-At-Law | Licensed Notarial Services Attorney, The Lawyers Council of Thailand
Legal Counselor, Central Juvenile and Family Court
Specializing in Contracts, Property, Corporate, and Family Matters