In Thailand, the right of superficies is a real property right that allows a person to own buildings, structures, or plantations on a piece of land without obtaining ownership rights over the land itself[3]. The superficies right is attached to immovable property or a property that has a title deed[1]. It can be used to separate ownership of a building from the land it is built on[3]. Both foreigners and nationals can register a superficies right in Thailand if there is an agreement between the parties[1].
Key aspects of superficies in Thailand
- Transferability: The superficies right can be transferred to a third party or through inheritance[1][2]. However, any destruction or damage to the land will become the responsibility of the third party, and they can directly sue the initial superficiary for the damage to the property[2].
- Registration: The superficies right must be registered in the Land Department for it to be enforceable within the ambitions of Thai law[1].
- Duration: The right of superficies can be created for a specified term, up to 30 years, or for the life of the owner of the land or the superficiary[3]. If the superficies is made for a limited period of time, the maximum length cannot exceed 30 years, and it can be renewed at the end of the contract if both parties agree[5].
- Tax: If the superficies is given for some consideration (money), there is a tax of about 1.1% to pay directly to the land department on the day of the registration[4].
Although superficies are not as commonly used as leases in Thailand, they are a viable option for foreigners who want to own property in the country[2]. It is essential to consult with a legal professional to ensure that all necessary procedures are followed and to avoid any potential issues that may arise.
Citations:
- https://www.thaiembassy.com/property/superficies-in-thailand
- https://www.siam-legal.com/realestate/Superficies.php
- https://www.samuiforsale.com/real-rights/superficies-property-rights.html
- https://thailawonline.com/superficies-in-thailand/
- https://isaanlawyers.com/superficies-thailand/