Buying an off-plan unit (a property purchased before it’s built) can be rewarding — but delays are one of the most common risks. Whether it’s a few months or several years, understanding your rights and next steps is crucial.
⏱️ Common Reasons for Delays
| Reason | Impact on Buyer |
|---|---|
| 📝 Delayed permits | Slows down construction start |
| 💸 Cash flow issues | Halts or pauses building works |
| 🌧️ Weather or labor shortages | Adds months to the timeline |
| 🏦 Developer mismanagement | May signal deeper financial issues |
| ⚖️ Legal or land disputes | Can freeze the project indefinitely |
✅ Step-by-Step: What To Do
1. 📄 Review Your Contract
Most off-plan sale and purchase agreements include a delivery timeline and sometimes a grace period. Look for:
- Completion deadline
- Penalties for delay
- Force majeure clauses
- Refund or cancellation terms
🔍 Tip: Some contracts allow a delay of 180–365 days before compensation is triggered.
2. ✉️ Send a Formal Inquiry
If the delay is unreasonable or poorly communicated:
- Send a written notice (email + registered letter)
- Request updated construction timeline
- Ask for written explanation for the delay
This creates a paper trail in case legal action becomes necessary.
3. 💬 Negotiate a Compensation Agreement
If your contract includes a penalty clause, request:
- Monthly compensation (e.g. 0.1–1% of unit value per month)
- Discount on final payment
- Extra furnishings or upgrades as goodwill
| Common Compensation Type | Typical Value |
|---|---|
| Late penalty (contractual) | 0.5–1% per month |
| Furniture package | ฿100,000–฿300,000+ |
| Unit upgrade | Next-level view/floor |
4. 👩⚖️ Seek Legal Help If Necessary
Hire a Thai property lawyer if:
- Delay exceeds contractual terms
- Developer becomes unresponsive
- You want to claim a refund or cancel the deal
Your lawyer can issue a legal notice, request performance, or negotiate a settlement.
5. 🏛️ File a Complaint (If No Resolution)
You may file a case with:
| Authority | Purpose |
|---|---|
| Office of Consumer Protection Board (OCPB) | For deceptive contracts or developer abuse |
| Civil Court in Thailand | To enforce contract or claim damages |
| Thai Real Estate Associations | To raise awareness or mediate |
📅 Sample Timeline of Action
| Timeline | Action |
|---|---|
| Month 1–2 (Delay noticed) | Review contract and send inquiry |
| Month 3–4 | Negotiate compensation or new timeline |
| Month 5+ | Seek legal help or file a complaint |
🚨 Red Flags to Watch
- Developer stops communication
- Site shows no signs of activity for months
- Promised amenities are downgraded or canceled
- Company changes name or structure mid-project
💡 Pro Tip: Pre-Purchase Precaution
Before buying off-plan in Thailand, always:
- Research the developer’s track record
- Check project permits and land title
- Use a lawyer to review contracts
🧭 Final Thoughts
Construction delays are common in off-plan real estate, but you’re not powerless. Know your contract, document everything, and don’t hesitate to involve legal counsel. With a firm yet professional approach, many buyers are able to receive compensation or successfully exit the deal.
