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 then 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.
Articles in this subject
Three articles on the rights a foreigner can actually register over Thai land.
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. 2562What 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 ActIs 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 1298The other five subjects
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