What are superficies in Thailand?

The right of superficies is a real right, known in most of civil law countries (like in France, Switzerland,Thailand, etc). The owner of a piece of land granting superficies gives to the beneficiary a right to own, upon or under the land, buildings, structures or plantations.

The Thai Commercial and Civil code mentions:

“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.”

So under Thai law, the owner of land can grant this right to a person called a superficiary (can be a foreigner), to own any construction or structures built on upon a land.

A right of superficies can be created either for the life of the grantor or of the beneficiary; or for a limited period of time (clause 1412 of the Thai Commercial and Civil Code). If superficies are made for a limited period of time, the maximum length can’t exceed 3O years.

Like many contracts, at the end, this right of superficies can be renewed if the parties agrees. Again, the renewal must not exceed 30 years. A right of superficies must be registered at the Land Department to be valid toward third parties. The Land Department will ask some registration fees. A lease agreement can be combined to a lease agreement and this could be an excellent protection for a foreigner wanting to secure a real estate investment.

To register superficies, you must have a title deed like a “Nor Sor Sam” or a “Chanotte”. You can’t register superficies on a “Por Bor Tor 5”.

Read more about superficies in Thailand:

• Superficies in Thailand ( Commercial and Civil Code of Thailand, 2008)
• Book IV - Property ( Commercial and Civil Code of Thailand, 2008)