Seven questions that separate a safe off-plan developer from a risky one

Off-plan is the only purchase where you pay before the thing exists. In Thailand there is no equivalent of the deposit-protection schemes some countries impose on developers, which means the protection you get is the protection you negotiate. These are the seven questions worth asking, and we have written them so they apply to us as much as to anyone else.

1. What have you finished, and can I walk through it?

Renders prove nothing. A developer who has completed a building can show you the fit of the doors, the state of the pool plant three years on, and the quality of the tiling where nobody was meant to look. Ask to visit a finished project, unaccompanied if possible, and speak to whoever lives in or manages it.

If a developer has never finished anything, that is not automatically disqualifying — everyone has a first project — but it should change the payment structure you accept and the price you pay.

2. Who owns the land right now?

Ask for the title deed and have your own lawyer check it at the Land Office. You are looking for the deed type, whether the seller is the registered owner, and whether a mortgage or other encumbrance is registered against it. A developer building on land they do not yet own, or land pledged to a bank, is a materially different risk.

3. Are payments tied to construction stages or to dates?

This is the single most revealing question. Stage-based payments — released when foundations, structure or first fix are complete and inspected — mean that if the build stops, your payments stop. Calendar-based payments mean you keep paying whether or not anything is being built.

Ask what happens if a stage is late. Ask who signs a stage off, and whether you may appoint your own surveyor to inspect before you release funds. A developer confident in their programme will not object.

4. What exactly will be registered in my name, and when?

A foreigner cannot own land in Thailand, so a villa purchase is assembled from a registered lease, a right of superficies, ownership of the building, or a company structure. Ask which applies, what gets registered at the Land Office, and at what point in the payment schedule. "We will sort that out at completion" is not an answer.

5. What is included, to the square metre and to the fitting?

Ask for the specification in writing: areas from the drawings rather than the brochure, ceiling heights, pool dimensions and plant, air-conditioning make and model, kitchen and sanitaryware brands, and what "furnished" covers if furniture is in the price. Two villas advertised at the same price can differ by several million baht of specification.

Be alert to how area is quoted. A covered but open-sided living pavilion is not the same as enclosed floor area, and quoting them as one number flatters the property. Ask for both figures separately.

6. Who builds it, and who fixes it afterwards?

Is the contractor part of the developer or a third party on a fixed-price contract? What defects liability period applies after handover, what does it cover, and who holds the retention? A twelve-month structural and mechanical warranty is a reasonable minimum to ask for.

7. What has gone wrong on your previous builds?

The most useful question in the list, because the answer is almost never about construction. Every project has a delayed pour, a supplier failure or a permit that took longer than expected. A developer who says nothing has ever gone wrong is either inexperienced or not being straight with you. What you are testing is whether they tell you before you find out.

For what it is worth, our own answers: one villa finished in 2019 and still operating, one finished in Maenam you can walk through, payments tied to signed-off stages, and a published construction log that includes the month we ran two weeks late because of rain.

How to read the answers

The seven questions matter less than what happens when you ask them. Precision is the signal. A developer who answers with a figure, a date and a document is telling you those things exist. A developer who answers with reassurance — "that's all standard", "we'll handle it", "everybody does it this way" — is telling you something too.

Watch particularly for the shift from specific to general. If a conversation is detailed about finishes and vague about title, that is not a coincidence: it is a sales strategy that steers you towards the enjoyable part of the decision and away from the consequential one. The finishes can be changed after you own it. The title cannot.

The paperwork to insist on before any money moves

• A copy of the title deed, verified independently at the Land Office by your own lawyer
• The construction and purchase contracts in English and Thai, with the governing language stated
• A written specification listing areas from the drawings, with enclosed and covered areas quoted separately
• The payment schedule, with each instalment tied to a defined and inspectable construction stage
• The building permit for the specific plot
• Company registration documents and the directors of the selling entity
• The defects liability terms, the retention amount and how a claim is actually made

The one thing that protects you more than any contract

Do not pay ahead of construction. Every protection discussed here is a way of recovering from a problem; not being over-exposed is what stops the problem mattering. If the building is at foundations and you have paid forty per cent, the gap between what you have paid and what exists is your risk, and no clause removes it.

It follows that a developer offering a large discount for early full payment is asking you to price that risk, and buyers routinely accept the discount without doing the sum. Occasionally it is worth it. Usually it is the most expensive money you will ever save.

Is buying off-plan in Thailand safe?

It can be, but there is no state-backed deposit protection scheme for villas. Safety comes from the structure of your contract: stage-based payments, registered rights, and a developer with completed work you can inspect.

What deposit is normal for an off-plan villa in Thailand?

A reservation payment followed by a contract instalment is standard. The important point is not the size but whether later instalments are tied to construction stages rather than calendar dates.

What happens if the developer goes bankrupt?

Your position depends entirely on what has been registered in your name and how much you have paid ahead of construction. This is why stage-based payments and early registration of your rights matter.

Should I use the developer's lawyer?

No. Instruct your own independent Thai lawyer. The cost is small relative to the purchase and their loyalty is to you.

How do I verify a developer's completed projects?

Ask to visit, ask to speak to owners or the management company, and check the company's registration and directors at the Department of Business Development.