Glossary, ownership

Superficies in Thai property

สิทธิเหนือพื้นดิน

Superficies is a registered right to own buildings or structures on land that belongs to someone else, under sections 1410 to 1416 of the Civil and Commercial Code. It separates ownership of a house from ownership of the plot beneath it.

Under Thai law a building normally belongs to whoever owns the land it stands on. A superficies breaks that link. It must be in writing and registered on the title deed at the land office, and it can run for a fixed term of up to 30 years or for the lifetime of the landowner or the holder. Unless the agreement says otherwise, the right can be transferred and inherited.

Foreign villa buyers most often meet superficies alongside a 30-year lease: the lease gives the right to occupy the land, and the superficies confirms that the villa on it belongs to the buyer. That matters if the land is sold, and it gives heirs something a bare lease may not.

It is not a route to owning land, and it does not extend beyond its registered term. Any renewal needs a fresh registration, with the landowner's cooperation at the time. Land offices differ in how they handle these registrations, so take independent legal advice. See buying a villa in Thailand and freehold vs leasehold.

General guidance, not legal or tax advice. Take independent legal advice before you commit to a purchase.

Terms related to superficies

Leasehold: Leasehold is the right to occupy and use property for a fixed term under a lease. In Thailand the longest term that can be registered is 30 years, and a lease of more than three years is enforceable beyond three years only if registered at the land office.
Usufruct: A usufruct is a registered right to possess, use and take the income from property owned by someone else, under sections 1417 to 1428 of the Civil and Commercial Code. It lasts for a fixed term of up to 30 years or for the holder's lifetime.
Land office: The land office is the local branch of the Department of Lands where title deeds are held and every sale, lease, mortgage and other right over property is registered. A transfer of Thai property takes legal effect only when it is registered there.