Property and leases

Holding property in Thailand without owning the land

Three registered rights over land somebody else owns, and they are not interchangeable.

Section 86 of the Land Code lets a foreigner acquire land only under a treaty giving the right to own immovable property, and section 96 bis adds a narrow route of up to one rai for a home after an investment of at least 40 million baht, both only with the Minister's permission. So a foreign buyer almost always holds a right over land somebody else owns, and Thai law offers three of them. A registered lease, which section 540 of the Civil and Commercial Code caps at thirty years and allows to be renewed for no more than thirty years from the date of renewal. A right of superficies under section 1410, which lets one person own the buildings on or under land another person owns, and which section 1411 makes transferable and inheritable unless the instrument creating it says otherwise. And sap-ing-sith, created by its own Act in B.E. 2562, registered by the competent official onto the title deed under section 5, granted for not more than thirty years under section 4, and transferable, mortgageable and inheritable under section 12. The difference between them tends to surface years after signing rather than on the day.

Property and leases

Articles in this subject

Four articles on the rights a foreigner can actually register over Thai land.

Primary source Civil and Commercial Code ss.540 and 1410
Property and leases

Lease, Sap-Ing-Sith or Superficies: How a Foreigner Holds a Villa on Thai Land

Three registered rights over land somebody else owns. What each one gives you, and where each one stops.

Read → Civil and Commercial Code ss.540 and 1410 · Sap-Ing-Sith Act B.E. 2562
Primary source Sap-Ing-Sith Act B.E. 2562
Property and leases

What is a Sap-Ing-Sith, and How Is It Different From a 30-Year Lease?

A right with its own Act, registered against the title deed, granted for up to thirty years, and transferable and mortgageable in its own name.

Read → Sections 4, 5 and 12 · explanatory note to the Act
Primary source Civil and Commercial Code, section 540
Property and leases

Is a 30+30 Year Lease Renewal Enforceable in Thailand?

Section 540 caps a lease at thirty years and allows a renewal of no more than thirty years from the date of renewal. What that clause is worth is a separate question.

Read → Sections 540, 569 and 1298
Primary source Civil and Commercial Code, section 1417
Property and leases

What is a Usufruct in Thailand?

The right to possess, use and take the income from someone else's property, for a term or for life. It ends when the holder dies.

Read → Sections 1417, 1418 and 1422
Reference Thai law FAQ
Property and leases

Thai Law FAQ: Leases and Registered Rights

Who owns the house when a lease ends, and what registering a 30-year lease costs at the Land Office.

Read → Civil and Commercial Code · Sap-Ing-Sith Act B.E. 2562
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