Off-Plan Buying Guide

Buying Off-Plan Property in Phuket

Buying before a project is finished can secure a lower price and the best units — but only if you understand the payment stages, the contract and the developer behind it. Here is how to do it safely.

The basics

What "off-plan" means & why buyers choose it

Off-plan means buying a property before or during construction — often from a floor plan and a show unit rather than the finished home. You pay in stages over the build, usually at a lower price than a completed unit.

Because the developer is still raising capital to build, off-plan units are typically released at a lower entry price than equivalent completed homes, and you often get first pick of the best layouts, floors and views.

Instead of paying everything at once, the price is spread across a staged schedule tied to construction progress — making the purchase easier to fund. The trade-off is that you are buying a promise: the rewards and the risks both come from the gap between paying today and receiving the finished property later.

Pros

Why buyers go off-plan

Lower entry price than completed units; potential capital appreciation during the build; first pick of the best units and views; a brand-new home with a developer warranty; and staged payments instead of one large sum.

Risks

What to weigh up

Construction can be delayed; a weak developer could fail financially; the final spec or quality may differ from the brochure; the market can shift before completion; and there is no rental income until handover.

25–30%Typical deposit on signing the contract
49%Foreign-ownership quota per condo building
FETForeign Exchange Transaction form for transfer

The money

The staged payment schedule

Off-plan purchases are paid in instalments tied to construction milestones rather than in one lump sum. Exact percentages vary by developer — treat the figures below as indicative.

StageWhen it is dueIndicative amount
Reservation depositTo hold your chosen unit off the market฿100,000–฿200,000
Contract-signing depositOn signing the Sale & Purchase Agreement (SPA)Often ~25–30%
Construction instalmentsReleased as building milestones are reachedBalance spread across the build
Final balanceOn completion / transfer at the Land OfficeRemaining amount
The FET form for the final payment

For a foreign-freehold condo, the final payment and the Land Office transfer require the funds to arrive in Thailand from abroad in foreign currency. Your bank issues a Foreign Exchange Transaction (FET) form, which the Land Office needs to register the unit in your name. Keep proof of every overseas remittance from the start.

Step by step

From reservation to handover

The journey runs from holding a unit through to collecting the keys. Here is the typical sequence.

1

Reserve the unit

Pay a small, clearly documented reservation deposit to take your chosen unit off the market while the paperwork is prepared. Make sure the reservation agreement states the price, the unit and what happens to the deposit if you do not proceed.

2

Review & sign the SPA

Have an independent Thai lawyer review the Sale & Purchase Agreement (SPA) before you sign. On signing you typically pay the contract deposit (often around 25–30%).

3

Pay construction instalments

As the build reaches agreed milestones, you release further instalments. Keep records of each payment and, for the eventual transfer, the overseas remittances behind them.

4

Snagging inspection

Before accepting handover, inspect the finished unit and record any defects in a snagging / defect list. The developer should fix listed items before you take possession.

5

Transfer & handover

Pay the final balance and register the transfer at the Land Office (with the FET form for a foreign-freehold condo). You then receive the keys, the title documents and the warranty paperwork.

The contract

Reading the SPA (Sale & Purchase Agreement)

The SPA is the contract that governs the whole purchase. An independent lawyer — not the developer's — should review it before you sign.

The completion date, and the penalty or refund clauses if the developer delivers late.
The materials and specification schedule, so the finished unit matches what you were sold.
The definition of common areas, and what is included versus extra.
The warranty period for the building and its systems after handover.
How and when each payment falls due, and the conditions for any refund.

Check the developer

Developer due diligence

With off-plan, you are trusting the developer to actually deliver. Verify the company and the project before any money moves.

Track record: visit their completed projects and confirm they were delivered on time and to spec.
Financial strength: a developer with the capital to finish the build is far less likely to stall.
Land ownership: confirm the developer owns the land outright with a clean title (Chanote).
Permits: check there is a valid construction / building permit in place.
Environmental Impact Assessment (EIA): larger projects require EIA approval — confirm it has been granted.
Foreign quota: confirm in writing that the building's 49% foreign-ownership quota still has room for your unit.

Protect your money

Deposit protection & guarantees

Off-plan means paying for something that does not yet exist, so how your money is protected matters as much as the price.

Escrow is not yet mandatory

Thailand has an Escrow Act, but escrow is not yet compulsory for off-plan sales — so your deposits may not be ring-fenced by law. Ask exactly how your payments are protected: some reputable developers use voluntary escrow or bank guarantees. Be cautious where there is no protection at all.

Scrutinise rental guarantees & buy-backs

Rental-guarantee and buy-back schemes can look attractive, but ask who actually funds the promised return and whether the yield is realistic and sustainable over the full term. A guarantee is only as good as the developer behind it — never buy on the guarantee alone.

With Empire Estates

How we make off-plan safer

🏗️

See it before you buy

We arrange visits to the developer's completed projects and the show unit, so you judge real quality — not a brochure.

⚖️

Independent legal review

We introduce you to a Thai-licensed lawyer who reviews the SPA for you, not for the developer.

📄

Quota in writing

We confirm the building's 49% foreign quota has room for your unit — in writing — before you commit.

💱

FET & transfer support

We help you keep proof of every overseas remittance and guide the Land Office transfer at completion.

This guide is general information, not legal advice. Payment percentages and deposit figures are indicative and vary by developer and project. Always verify each developer independently and consult a licensed Thai property lawyer before signing a contract or paying a deposit.

FAQ

Buying off-plan — your questions

The questions buyers ask us most often about pre-construction property.

Usually, yes. Developers release off-plan units at a lower entry price to raise capital for construction, and the value can rise as the project is built. The trade-off is that you wait for completion and take on construction and delivery risk.
Typically a small reservation deposit (around ฿100,000–฿200,000) holds the unit, followed by a contract-signing deposit of roughly 25–30% when you sign the SPA. The balance is then paid in instalments tied to construction milestones, with the final payment due on completion. Exact figures vary by developer.
This is the main risk of buying off-plan. Your protection comes from the SPA — its completion date and late-delivery penalty or refund clauses — and from choosing a financially strong developer with a solid track record. Because escrow is not yet mandatory, always confirm how your deposits are protected before you pay.
Treat them with caution. Ask who funds the promised return and whether the yield is realistic and sustainable for the whole term. A guarantee depends entirely on the developer staying solvent, so never buy on the guarantee alone — judge the property and developer on their own merits.
Yes, as a foreign-freehold unit, provided the building still has space within its 49% foreign-ownership quota and you bring the purchase funds into Thailand from abroad with a Foreign Exchange Transaction (FET) form for the Land Office transfer. Confirm the available quota in writing before you commit.

Talk to a local expert

Buy off-plan in Phuket with confidence

Tell us what you are looking for and we will match you with pre-construction projects from developers we have already vetted — with the foreign quota and contract checked.

Interested? Get in Touch