Superficies in Thailand needs more explanation. A right to superficies is explained below. If you are building a house in Thailand while married to a Thai you can ask your lawyer in Thailand to draft and file a superficies against the property.
This would mean that since you cannot own the land in Thailand as a foreigner. You can however own what is on top of the land. This tends to be a much better option if you are married to a Thai. It may be a better option than the usufruct. Speak to one of your lawyers about your best options in Thailand, your marriage and property.
This needs to be registered against the property title deed at the land office. Normally this is done for 30 years. You can also add the option for renewal in the agreement. Also an option to purchase the property if you don’t own it in your name already. If you are going to build on the land and you have registered the superficies. You can also ask for compensation for improvements to the land by means of the building you built once it expires.
Remember to also check the title deed and ensure that its a chanote title for foreigners. By this we mean that the Chanote title deed is one that a foreigner would normally buy. The is no limitation on the Chanote title unlike other land deeds. You want to commence a superfices on a Chanote title. Note that a superficies is not a right of habitation. If you are not sure talk to us about real estate law in Thailand.
The superficies agreement in Thailand can be transferred if you wish to sell the right to someone else. You can also place a superficies in your will and testament. This as the right is inheritable, unlike a usufruct agreement which is not. The superficies in Thailand in a real property right. It’s covered by the Civil and Commercial Code of Thailand under Sections 1410 – 1416 in the Act.
The options with the superficies are twofold. You will note that the superficies will be registered over the property for a period of 30 years or for the lifetime of the owner of the land. Many expats will place the land into the name of their Thai wife. Then place the house in their name. This will be registered at the Land Department as it will be registered again the title deed. The superficies falls under Section 1410 to Section 1416 of the Thai Commercial Code.
– For a period of 30 years
– For a period not exceeding the life of the owner of the land
Normally expats will lease an empty stretch of land and build on it. The superficies is for ownership of what is on the land while the land itself if still in the hands and name of the landowner. As you are not going to own the land this property right allows you to develop the land without ownership of the land itself.
The registration fees of the superficies are 1.1% which included the 0.1% stamp duty over the price. You are paying for the superficies to the owner of the land.
If there is no cost then the Land Department will base the fees on the value of the lease of the land.
Property in Thailand is a complex affair and it is always best to speak to a property lawyer in Thailand before you lease property or a family lawyer before you get married in Thailand. Most property agreements in Thailand tend to be settled before marriage as a protection of your property rights in the event of a divorce.
This is only one option available to you in Thailand. There are a number of options with regard to property in Thailand but you need to speak to one of our lawyers about your property options. Call us toll-free or walk into our offices in Bangkok for more information and advice while in Thailand. When you buy a condo in Thailand then be careful.
If you are looking at registering a superficies in Thailand. Then also understand the right of habitation which you will also need to have the assistance of our real estate lawyer in Bangkok. There is also a leasehold agreement which may also be of interest to you. Your last option is that of a usufruct which is also a right over property that would need to be registered.
The information contained on our website is for general information only and does not constitute legal advice.
The right of superficies is a real property right which is attached to the area of land covered in the title deed of the property. This right separates the land from what is built on the land in terms of ownership. Note that the superficies has to be registered.
You can register your leasehold agreement over land in Thailand. This is for a maximum period of 30 years and has to be registered at the the Land Department against the title deed. See also the difference between the superficies and a leasehold agreement.
Yes. The right of superficies is covered by Thai law under CHAPTER VI of the Thai Commercial Code Section 1410 to Section 1416. The right of superficies is covered either for an agreed period of time or for the lifetime of the land owner or the superficiary.