Thailand Law Online

Land and house contracts | superficies agreement

Superficies contracts from 2,800 baht

Superficies in Thailand is governed by the Thailand Civil and Commercial Code sections 1410 to 1416. The right of superficies is a real property right that can be used if the owner of the construction is not the same as the owner of the land. The superficiarius or superficiary (the person granted the right of superficies) obtains the right to use another man's land for siting a house and obtains ownership over the structures upon land for a specified term, without obtaining ownership over the land learn more...

Foreigners are not allowed to own land in Thailand but are under Thai land laws permitted to obtain a right of superficies. The real property right of superficies is a strong supporting right in any land lease arrangement.

Price samples for online documents

•  Superficies for Thailand (custom contract) 5,600 baht
•  Superficies template agreement for 2,800 baht

Term of superficies

Superficies in Thailand can be created for:

1. a period of time up to 30 years,
2. for the life of the superficiarius, or
3. for the life of the owner of the land.

Created for a period of time the superficies is a transferable and inheritable right. The content of a contract for superficies specifies the terms and conditions and agreement under which the right of superficies is created and can include provisions for renewal or what should happen to the house at the end of the term of the superficies.

The formal requirements to make a valid superficies contract under Thai law:

• The agreement granting the right of superficies must be in writing and in Thai script (สัญญาให้สิทธิเหนือพื้นดิน);
• The agreement must be drafted in accordance with the Civil and Commercial Code of Thailand;
• The land must have a proper land title deed issued and registered with the local land office and the right of superficies must be registered with the local land office (section 1299 Civil Code);

Thai contract service:

Individually prepared lawyer drafted Thai- English language superficies agreements within 5 days, or a template contract within 24 hours. Traditional law offices in Thailand routinely charge up to 15,000 baht for similar agreements. Thai lawyer registration at the land office help service is available for Phuket, Hua Hin, Pattaya and Bangkok and other areas upon request.

Related: translation civil code superficies | sample superficies document | knowledge | land lease agreement |

------©-----