A condo in Pattaya is quickly chosen: a beautiful pool, a sea view, a likeable seller. The costly surprises come later, when no one asked the right questions beforehand. That is exactly what due diligence is for, the structured review before the purchase. It is not a sign of distrust, but routine that every reputable seller knows and accepts.
This checklist walks you through the eight points that genuinely matter when buying a condo in Pattaya, whether it is a new build (off-plan) or a resale. It does not replace individual legal or tax advice, but it helps you go into the review well prepared.
1. Title and ownership status: who really owns the condo?
For a condo, proof of ownership lies in two documents: the land title of the plot (ideally a Chanote, the strongest Thai title) and the unit deed for your specific apartment. Never rely on photocopies. The check is carried out directly at the responsible Land Office, where the current status is held on record.
- Is the seller actually recorded as the registered owner?
- Do the floor area, storey and unit number match the sales listing?
- In the case of powers of attorney (common with overseas sellers): is the power of attorney valid and properly certified?
2. Check encumbrances and liens
On the reverse of the title deed, encumbrances are recorded, such as an ongoing mortgage held by the seller's bank. An existing encumbrance is not a deal-breaker, but it must be handled cleanly: it is typically discharged from the purchase price on the day of ownership transfer, so that you receive an unencumbered unit. What matters is that this process is set out in the contract and handled in sync at the Land Office.
3. Foreign quota: is the 49 percent limit still available?
Under the Thai Condominium Act, foreigners may hold a maximum of 49 percent of the building's total registered floor area in full foreign ownership (freehold). In sought-after buildings in Pattaya, Bangkok and Phuket, this quota is often already exhausted. Ask the juristic person for a written foreign quota certificate confirming that foreign ownership is still available for your unit. Without available quota, you cannot register the apartment as freehold in your name. You can read more about the legal framework in our article Buying a condo in Thailand as a foreigner: legal and secure.
A second point belongs here: the purchase price must be transferred into Thailand from abroad. The receiving bank issues a Foreign Exchange Transaction Form (FET). You absolutely need this document for the freehold registration at the Land Office.
4. Developer creditworthiness and track record (especially with off-plan)
With a new build, you pre-finance the project and therefore carry a real completion risk. In 2026 this is not a theoretical concern: industry analyses point to considerable refinancing pressure in the Thai condo sector, with bonds running into the hundreds of billions (THB) falling due this year, and a cluster of mid-sized developers at the lower end of the investment-grade rating. This makes the choice of developer the single most important decision.
- How many projects has the developer already completed and handed over on schedule?
- Is the company listed on the stock exchange or otherwise financially transparent?
- Are deposits secured through a licensed escrow account? Escrow is permitted in Thailand, but usually optional, and protects your money should the project fail.
Rule of thumb without escrow: keep any pure reservation/holding deposit small. The industry norm here is to recommend something in the order of around one percent of the purchase price until the rest of the review is complete.
5. Building permit and EIA environmental approval
Two official approvals determine whether building is allowed at all. The building permit is the basic prerequisite. In addition, a larger residential project requires an EIA (Environmental Impact Assessment). An EIA is required, among other cases, when a hotel or condominium comprises at least 80 units or around 4,000 square metres of usable floor area, or when the project lies in a sensitive area (near a beach, river or slope).
The EIA process runs through the Office of Natural Resources and Environmental Policy and Planning (ONEP) and, in practice, often takes several months. The key point for you: before an approved EIA and a granted building permit, no major payments should be made. A deposit on a project without an approved EIA exposes your money to high risk.
6. Finances of the juristic person and sinking fund
The Condominium Juristic Person (CJP) manages the community. It is obliged to keep records and to present annual financial statements. As a buyer, you are entitled to inspect these documents, and you should: a well-run building with a healthy reserve is worth its weight in gold, while a chronically underfunded one is a lasting source of trouble.
- Sinking fund: a one-off reserve for major repairs, customary on first purchase in the order of around 300 to 600 THB per square metre.
- Common area fee: the ongoing monthly management fee. In Pattaya it tends to range roughly between 30 and 60 THB per square metre per month, and considerably higher in luxury properties.
- Are there any outstanding invoices, legal disputes or upcoming special levies? A look at the latest minutes of the owners' meeting is worthwhile.
| Check point | Typical range (THB) | Source of figure |
|---|---|---|
| Sinking fund (one-off) | approx. 300 - 600 / sqm | Typical market benchmark |
| Common area fee Pattaya (monthly) | approx. 30 - 60 / sqm | Typical market benchmark |
| Transfer fee at the Land Office | 2% of the higher value (often negotiable 50/50) | Land Department |
The figures given are guide values and not guaranteed prices; what counts is always the specific property. Note: this is not tax or legal advice. Check rates, exemptions and time-limited incentives before acting, using an official source or a specialist adviser.
7. The seller's outstanding fees in a resale
In a resale you inherit not only the apartment but, if you are not careful, also the debts attached to it. Ask the juristic person to issue a debt-free confirmation (debt-free / no-outstanding-fees letter). Without this confirmation, the Land Office will generally refuse the transfer of title.
- Have all common area fees been paid up to the transfer date?
- Are there any outstanding water, electricity or internet bills?
- Who bears which shares of the transfer fee and the taxes? Settle this in writing before signing the contract.
8. Map out the contract, costs and cash flow cleanly
Finally, the contract and payment plan belong under scrutiny. The Sale and Purchase Agreement should clearly state the purchase price, the payment milestones, the completion date (for off-plan), the default provisions and the allocation of incidental costs. Factor in the incidental costs honestly: in total, depending on the constellation, roughly between around 2.5 and over 6 percent of the relevant value is incurred in fees and taxes. Anyone who calculates this in advance experiences no nasty surprise at the Land Office.
Frequently asked questions
Do I absolutely need a lawyer for due diligence?
It is not mandatory, but for a resale an independent legal review is strongly recommended, because title, encumbrances and outstanding fees need to be checked thoroughly from a legal standpoint. With reputable off-plan new builds, a good agent and the developer process take on many of the checks, but a second opinion never hurts. This is not legal advice.
How exactly do I check the foreign quota?
Through a written foreign quota certificate from the juristic person, confirming that the 49 percent limit for foreign freehold ownership has not yet been exhausted and that there is room for your unit within it. You will also need this document later at the Land Office.
What is the biggest risk when buying off-plan?
That the project is not completed, or completed late. That is why the developer's track record and creditworthiness, an approved EIA and building permit, and securing the deposit (ideally via escrow) are right at the top of the list.
Do I get the sinking fund back when I sell?
No. The sinking fund stays with the building. In a resale the buyer takes over the unit but does not pay the sinking fund again, provided it has already been contributed. Even so, have the status confirmed.
What does the transfer of ownership at the Land Office cost?
The central transfer fee is 2 percent of the higher of the sale value or the official appraised value, and is often split 50/50 between buyer and seller. On top of this come further items depending on the holding period and the seller's status, such as stamp duty or specific business tax and withholding tax. Rates and time-limited reductions change, so check at an official source before acting.
These eight review steps are exactly what we take on for our buyers before they sign. Reputable off-plan projects pass this checklist, and we say so honestly when a project does not. If you want to know which typical pitfalls around the purchase can be avoided, read our additional article 7 mistakes when buying a condo in Pattaya. And if you would like to have your purchase reviewed in concrete terms, arrange a free initial consultation or first get our free guide with all the steps at a glance.
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