The so-called superficies right in Thailand entitles foreigners to own buildings on a plot of land (house, plantation, etc.), but not the land itself. It is essential for foreigners to understand the terms of the superficies contract precisely, as they are not permitted to own the land, but they do have the right to construct buildings on it. A superficies contract secures the right to build on the land without being its actual owner.

Term for surfaces in Thailand

The aforementioned right can be registered in Thailand for the following periods:

  • A period of thirty years,
  • During the owner's lifetime,
  • During the lifetime of the super-beneficiary.

    • This right can be transferred to a third party and is also inheritable after the death of the super-beneficiary.

    Surfaces directly in Thailand

    Now that you have a basic understanding of land ownership, we will explain land ownership law in Thailand in detail. In Thailand, land ownership is tied to immovable property or land with a title deed. It serves to separate ownership of a piece of land from everything built on it. For land ownership to be legally valid, a corresponding agreement must be registered with the Thai Land Registry. The laws concerning land ownership in Thailand are set out in the Civil and Commercial Code.

    Advantages of surfaces directly in Thailand

    Now that you know what land ownership is and how common it is in Thailand, you're probably wondering why people, especially foreigners, are interested in it. In this section, we'll explain some of the advantages of land ownership in Thailand. There are numerous benefits associated with land ownership in Thailand.

    One of the advantages of this right is that it establishes a real right to a property within the framework of a lease agreement and automatically transfers ownership of everything erected on the leased property. Another advantage of this right is its transferability to third parties.

    Furthermore, the right of inheritance is also inheritable. It does not expire with the death of the testator, thus ensuring its long-term existence.

    Transfer from surfaces

    If you're wondering whether you can transfer your property rights in Thailand to a third party, you've come to the right place, because we'll explain it to you. Property rights in Thailand can be transferred to third parties. Furthermore, these rights can also be inherited.

    However, it is crucial that the super-beneficiary does not cause any damage to the property, as otherwise they will be liable instead of the third party and can be sued directly in the event of damage to the property. If the super-beneficiary right is transferred by inheritance, the same provisions also apply to the heirs of the super-beneficiary.

    Surfaces and foreigners in Thailand

    Many foreigners seek legal advice regarding their property ownership rights in Thailand. According to Section 1410 of the Thai Civil and Commercial Code, the property ownership rights of foreigners in Thailand are regulated. This section stipulates that a foreigner can register a property ownership right in Thailand, provided there is a corresponding agreement between the parties. Normally, the registration of a property ownership right with the Thai Land Registry is free of charge. However, a fee may be charged to foreigners, the amount of which varies depending on the parties and is at the discretion of the Land Registry. Furthermore, the property ownership right can be revoked by either party at any time. To do so, the other party must be notified within a reasonable timeframe.

    Relationship between land and land lease

    Many people consult lawyers asking whether they can register their surface rights separately or together with their lease. It's important to know that surface rights can be registered both separately and together with a lease. Furthermore, surface rights can strengthen the rights arising from the lease.

    Registration of surface agreements in Thailand

    To register a real right, it must first be entered in the land register. The responsible authority then transfers this entry to the back of the owner's title deed. The registration fee for a real right is 1.1% of the total price paid for that right.

    Surfaces and an existing building

    If a building already exists on the property, the land registry office will not approve the registration of the new building right. Approval will only be granted after the separate transfer of ownership of the building.

    Diploma

    The right to use a property is both transferable and alienable. It establishes a real right and entitles the holder to acquire the building located on it. This right is available to both foreigners and Thai citizens. Registration with the land registry is essential for the legal validity of the right to use. Although transferable, the right to use is limited in time. If the holder of the right wishes to transfer it to a third party, they require the consent of the landowner. One disadvantage of the right to use in Thailand is that it is not widely used in business transactions or in local communities.

    Hire a Thai real estate lawyer

    Siam Legal is a law firm offering a range of services to protect the rights and interests of foreigners wishing to purchase real estate in Thailand. Our firm provides a comprehensive suite of real estate-related services to best meet the needs of both our foreign and Thai clients. Should you have any questions or concerns regarding real estate, our team of Thai real estate lawyers invites you to contact us via the link below:

    LIVE SUPPORT

    CALL

    CHAT

    Chat with our employee