The right of superficies (sections 1410 to 1416 Thai Civil and Commercial Code) is a transferable and inheritable real-right interest in land to own or acquire buildings construction in, on or above the land owned by another for a specified term, and should be used if the owner of the construction is not the same as the owner of the land. The agreement granting the right of superficies must be noted on and attached to the land title deed and specifies the terms and conditions of the right of superficies (e.g. what should happen to the building when the right of superficies ends).

The right of superficies may be created (in favour of a foreigner or Thai national) either for a period of time up to 30-years, or for the life of the owner of the land or the superficiary. If created for a period of time the right of superficies may (similar to lease) be renewed upon expiration ( section 1412 Civil and Commercial Code). The Right of Superficies may be constituted for the benefit of an existing building or a building under construction, however, local Land Offices in Thailand generally allow registration in case of undeveloped land and in case of an existing building follow the sale procedure for the transfer of ownership of a building learn more...

		The right of superficies does not give the exclusive right of possession of the land and should be combined with a land lease.
		The right of superficies as a real right follows the freehold title of the land and is enforceable against third parties and future (transferee) land owners.
		The person granted the right of superficies has the right to sell his right of superficies and, if registered for a period of time, is transferable by way of inheritance.
		Building and Land tax is not charged if the person granted the right of superficies uses the property as his residence.

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