A superficies right is a legally recognized property right in Thailand that allows a person to own buildings, structures, or plantations on land that belongs to someone else. This right is governed by Sections 1410–1416 of the Thai Civil and Commercial Code.
Section 1410:
“The owner of land may create a right of superficies in favour of another person, giving this person the ownership of buildings, structures or plantations on or under the land.”
In simple terms:
You can own the building, even though you do not own the land.
A superficies right is created only through a written agreement and must be registered at the Land Office to be legally effective.
Superficies Right vs. Lease Agreement
| Topic | Superficies Right | Lease Agreement |
|---|---|---|
| Ownership of building | ✔ Yes | ✘ No |
| Transferable & inheritable | ✔ Yes | ✘ Generally no |
| Maximum duration | Up to 30 years or lifetime | Up to 30 years |
| If building is destroyed | Right continues | Lease terminates |
| Registration | Required | Required if over 3 years |
A superficies right provides stronger protection and is ideal for long-term investment where the person wants ownership of the building but not the land.
Relevant Laws (Sections 1410–1416)
Section 1410 The owner of a piece of land may create a right of superficies in favour of another person by giving him the right to own, upon or under the land, buildings, structures or plantations.
Section 1411 Unless otherwise provided in the act creating it, the right of superficies is transferable and transmissible by way of inheritance.
Section 1412 A right of superficies may be created either for a period of time or for life of the owner of the land or the superficiary.
If it is created for a period of time, the provisions of Section 1403 paragraph 3 shall apply mutatis mutandis.
Note: Section 1403 paragraph 3 states that the period may not exceed thirty years; if a longer period is stipulated, it shall be reduced to thirty years. The period may be renewed for a period not exceeding thirty years at the time of renewal.
Section 1413 If no period of time has been fixed, the right of superficies may be terminated at any time by any partner giving reasonable notice to the other. But when rent is to be paid, either one year’s previous notice must be given or rent for one year paid.
Section 1414 If the superficiary fails to comply with essential conditions specified in the act creating superficies or, when rent is to be paid, he fails to pay it for two consecutive years, his right of superficies may be terminated.
Section 1415 The right of superficies is not extinguished by destruction of the buildings, structures or plantations even if caused by force majeure.
Section 1416 When the right of superficies is extinguished, the superficiary may take away his buildings, structures or plantations, provided he restores the land to its former condition.
If instead of permitting the removal of the buildings, structures or plantations, the owner of the land notifies his intention to buy the property at market value, the superficiary may not refuse the offer except on reasonable ground.
How a Superficies Right Is Created
A superficies right can arise in two main situations:
1. The landowner permits another person to build on the land
For example:
A landowner allows someone to build a house or commercial structure on the land.
2. The landowner sells only the house but not the land
The buyer becomes the owner of the house, and a superficies right must be registered to protect their ownership.
Superficies can be registered on land with Title Deed as well as Nor Sor 3 / Nor Sor 3 Gor.
Types of Superficies Registration
- Full superficies – Covers the entire land plot
- Partial superficies – Only certain co-owners grant the right
- Sub-plot superficies – Applies only to part of the land
- Release of superficies – When parties agree to cancel the right
- Inheritance of superficies – When the superficiary passes away
- Termination – Mutually agreed or by operation of law
Duration of a Superficies Right
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- Up to 30 years, or
-
- The lifetime of the landowner, or
-
- The lifetime of the superficiary
If granted without a time limit, either party may terminate with notice.
Government Fees for Registration
1. Without compensation
-
-
Government fee: 50 THB per plot
-
2. With compensation (e.g., selling the house only)
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- Registration fee: 1% of the agreed value
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- Stamp duty (if applicable): 0.5% of the compensation amount
Stamp Duty
With compensation:
0.5% of the consideration paid
Without compensation:
No stamp duty
Examples of Real Situations
Buying a house without buying the land
Superficies protects your ownership even when land remains with the landowner.
Inheriting a structure
Heirs may inherit the right unless prohibited by contract.
When the house burns down
The right does not end, the superficiary may rebuild under Section 1415.
FAQ — Frequently Asked Questions
1. Can foreigners register a superficies right in Thailand?
Yes. Since it does not involve land ownership, foreigners can legally hold a superficies right.
2. Does the right expire if the building is destroyed?
No. The superficiary may rebuild.
3. Can the right be transferred?
Yes, unless the parties specifically prohibit transfer.
4. Is a written contract required?
Yes, and it must be registered at the Land Office to be valid.
5. How long can a superficies right last?
Up to 30 years, or for the lifetime of the landowner or the superficiary.
Need Help Drafting or Registering a Superficies Agreement in Thailand?
Let Lex Bangkok be your trusted legal partner.
Our lawyers assist with:
– Drafting superficies agreements
– Contract review & structuring
– Land Office registration
– Cross-border property structures
– Due diligence for foreign investors
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Email: info@lexbangkok.com