Buying Off-Plan Property in Phuket: What to Check Before You Pay a Reservation Deposit

Buying off-plan can make sense in Phuket. You may get access to a new project early, choose from more units and spread payments across the construction period.

But there is an important difference between buying a completed property and buying off-plan.

With a completed property, you can inspect what already exists. With off-plan, you are partly buying a future promise: the developer will build the project, obtain the required approvals, follow the agreed specifications and eventually transfer the property to you.

That is why the most important work should happen before you pay the reservation deposit, not after.

Start by checking who is actually selling you the property

A project brand and a legal company are not necessarily the same thing. Before sending money, identify the Thai legal entity named in the reservation agreement. That is more important than the logo on the brochure. Thailand's Department of Business Development provides company-registration and business-information services that can be used to check Thai juristic persons. You should know who the contracting company is, whether it is active and how it relates to the developer name being advertised.

Then look beyond the company registration. Has the developer actually completed projects before? Were those projects delivered broadly as promised? Can you visit them? Is the company you are buying from the same entity that built those previous developments, or is it a newly created project company? A long list of project names on a website is not automatically a track record.

Check the land, not just the development plan

For a villa or housing development, the underlying land is fundamental. The Department of Lands itself advises buyers of land-development projects to check whether the developer actually owns the land and whether the title carries obligations or encumbrances such as mortgages or servitudes. It also recommends checking whether the required land-allotment permission has been obtained where applicable.

This is the kind of work that should normally be handled by an independent Thai property lawyer. The important question is not simply, “Does the developer have a title deed?” It is whether the title, registered owner, mortgages, access rights, restrictions and proposed project structure all fit the transaction you are being asked to enter. For a villa purchase, the land and ownership structure need particular attention because buying the building and controlling or using the underlying land can involve separate legal rights.

Verify approvals instead of assuming “construction started” means everything is approved

A sales office, cleared land or even active construction does not tell you the full approval position.

Depending on the project, relevant checks may include environmental approval, construction permits or notifications, land-allotment permission and other project-specific approvals.

For projects that require an Environmental Impact Assessment, Thailand's Office of Natural Resources and Environmental Policy and Planning operates the official Smart EIA Plus database. The system shows projects, report numbers and consideration status, including whether an EIA report has received approval. Smart EIA Plus

The key words are where required.

Not every development has exactly the same approval requirements. So a buyer should not ask only, “Does this project have EIA?”

Ask instead:

“Which approvals are legally required for this particular project, and what is the current status of each one?”

Then verify the answer rather than accepting a screenshot from a presentation.

Read the reservation agreement before sending the reservation money

The reservation deposit often feels informal because it is much smaller than the full property price.

Treat it as a real contract.

For condominium sales, Thailand introduced a controlled standard for condominium reservation agreements in 2024. The government's standard form covers matters including the developer, project and unit details, price, reservation amount, materials, construction-permit timing and EIA approval where applicable. It also provides termination and refund rights in specified circumstances, including certain failures relating to EIA and construction approvals. Office of the Permanent Secretary

The Office of the Consumer Protection Board was still actively inspecting condominium reservation contracts for compliance with those rules in 2026. Office of the Permanent Secretary

That protection does not mean you should sign without reading. Check that the document identifies the exact unit you are reserving, the agreed price, the ownership structure and what happens to your money if the transaction cannot proceed as promised.

For villas and other structures, the contractual framework may be different, which makes independent legal review even more important.

Understand what the developer is promising to deliver

Off-plan buyers often focus on floor plans and renders.

The contract matters more. Ask what documents actually define the finished property. Is it the brochure? The architectural drawings? An attached specification sheet? A furniture package? The sale and purchase agreement? Look carefully at what the developer is allowed to change.

Small technical substitutions during construction may be reasonable. A contract that gives one side extremely broad power to change the size, layout, materials, facilities or delivery conditions deserves much closer attention. The same applies to completion dates. An “expected completion” date in a marketing presentation is not necessarily the same as the contractual completion obligation.

You need to understand the contractual date, any permitted extension period, what counts as an acceptable delay, and what rights you have if the project is substantially late.

Understand the payment schedule before you judge the price

An off-plan property's headline price is only part of the commitment. Look at when the money becomes due. Some projects require several construction-stage payments before completion. Understand exactly what triggers each instalment and how much of the purchase price you will have paid before the property is ready for transfer.

A simple question helps:

“If the project had a serious problem halfway through construction, how much of my money would already have been paid?”

That does not tell you whether the project is good or bad. It tells you how much financial exposure you are accepting during construction. Also check what happens if you miss a payment and what happens if the developer misses its obligations. Those consequences should not be a surprise after you sign.

Confirm how you are supposed to own the property

The ownership question should be answered before the reservation, not at handover. If you are buying an off-plan condominium as foreign freehold, confirm that the exact unit is being sold to you on that basis and understand that final transfer will still depend on the applicable foreign ownership requirements, including the condominium foreign quota.

If you are buying a villa, do not allow phrases such as “freehold villa” or “secure leasehold” to replace a proper explanation of what you will legally own and what rights you will have over the land. Ownership terminology can sound simple in a sales presentation while the underlying structure is not.

A reservation deposit should come after the important questions

You do not need a 200-page investigation before every small reservation payment. But you should know enough to understand what you are reserving and what could prevent the transaction from completing.

Before paying, you should be comfortable with the identity of the developer, the land or project structure, the current approval position, the intended ownership, the main payment schedule and the reservation refund conditions. Anything important that exists only as a verbal promise should make you slow down.

For a serious off-plan purchase, an independent Thai property lawyer should review the legal documents and title position before you become heavily committed financially. The developer's lawyer prepares documents for the developer. Your lawyer's job is different.