Why off-plan needs extra care
When you buy a unit that is still under construction, you carry risks that a finished unit does not have: delays, changes to the plans, and the developer’s ability to complete. In Thailand, consumer rules for pre-sale condominium contracts have been tightened. Legal commentators report that rules effective from 31 January 2025 limit how a deposit can be forfeited and restrict one-sided changes to the contract. Ask your lawyer how they apply to your contract.
The checklist
- The developer: who is the legal entity selling the unit, and who is building it? Ask for the company name and registration details and have a lawyer look at them.
- Permits and approvals: ask which approvals the project has and for the documents. Do not rely on a sales presentation for this.
- The reservation agreement: what does it say about your deposit, the period it covers, and what happens if you withdraw or the developer does?
- Foreign quota: for freehold you need quota in the building. Ask for written confirmation of the position and for what happens to your money if freehold turns out to be unavailable.
- The payment plan: staged payments should be tied to construction milestones. Ask for the schedule in writing.
- Handover date and delays: what date is in the contract, what counts as a delay, and what remedy do you have?
- What is included: the finish level, fixtures and any furniture pack, written into the contract and not only into the brochure.
- Costs at transfer: ask what you pay on registration. A transfer fee of 2% of the appraised value is usual, and who pays it is negotiable. It is often split equally.
- Foreign exchange paperwork: plan how each payment will be documented with an FET form so the funds are traceable to your name.
Get your own lawyer
The developer’s lawyer acts for the developer. For a purchase of this size, appoint a Thai-licensed lawyer of your own to review the contract before you pay a deposit. The choice of lawyer and the instructions are yours alone.
How the process runs at The Astra Samui
The project follows seven steps: a 15-minute call, a presentation of units, prices and plans, a meeting with the Astra representative, reservation, a contract reviewed by your lawyer, staged payments tied to construction, and handover, which is currently expected in 2028. Book the call and we will walk through each step and the documents you should ask for.
General information only. It is not legal, tax or investment advice and it is not a guarantee of any return. Rules change, so confirm the current position with a licensed Thai lawyer and your own tax adviser before you commit.
Sources
- Consumer protection rules for condominium pre-sale contracts (2025), as reported by legal commentators; confirm with your lawyer
- Transfer fees and taxes in Thailand, summarised by terms.law
