The right of Superficies in Thailand, just like the usufruct, is also a Civil Law concept that was incorporated in the Commercial and Civil Code of Thailand (CCCT). You will find a small section in the book about property, under sections 1410 and 1416 CCCT. It’s a real right, like the Usufruct, meaning it’s attached to an immovable property, a thing, and not a person. So, the owner of the land can change, but this right will stay until it’s extinguished by the contract made between the parties. In Thai, it is called “See-Tee-Nueua-Tee-Din” (ทธิเหนือพื้นดิน)
By giving the right of superficies, the owner of a piece of land creates in favour of another person. It could be a Foreigner or a Thai national. They are called “superficiary” and have the right to own upon or under the land, buildings, structures and plantations. (Section 1410 CCCT). Unless otherwise provided, this right is transmissible to your heirs by way of inheritance. (section 1411). In other words, the owner of the land grants another person to OWN the structures upon the land.
This can be for a maximum of 30 years if a specific amount off time is defined. (See section 1412 referring to section 1403 paragraph 3). Or it can be for the life of the superficiary. (Secton 1412). Generally, the right of superficies will be added to a lease agreement. The land department rarely register two rights on the land. So you can lease the land, and that contract is registered. And we add the superficies on the lease contract. Like a lease agreement or other contracts, renewals are possible.
Registration is necessary
Like a usufruct agreement, superficies must be registered in order to be valid. To register the right of superficies, the owner of the land must bring her title deed to the land department. Addionnally, both parties must sign their names at the land department. The superficiary’s name will be added in Thai on the back of the title deed.
Taxes for registration of superficies in Thailand
Superficies can be given for some consideration (money) or for free. If given for some money, there is a tax of about 1.1% to pay directly to the land department, for the full agreement, on the day of the registration.
Read more about superficies in Thailand:
- You will find the articles about superficies in the book IV of the Commercial and Civil Code of Thailand.
- Registration of Superficies in Thailand by the land department (in Thai)