property law

  • 1410-1416 Civil Law Right of Superficies

    Thai Land Laws - Right of Superficies in Thailand

    Right of Superficies (part of Thailand property land laws) is a registered property right that separates ownership of the land and anything on or in the land (plantations and/or a structure). One person owns the land (cannot be a foreigner), another person owns everything on or in the land (can be a foreigner) but has no ownership rights in the land itself. In the French legal system superficies is called 'droit de superficie', in Germany 'Erbbaurecht' in the Netherlands 'recht van opstal'.

    Understanding Sections 1410–1416

    The superficies (สิทธิเหนือพื้นดิน) agreement in Thailand specifies the terms and conditions upon which the right of superficies is granted. A superficies is not complete until signed, witnessed and registered with the local branch or provincial land office where the land is located. By registration on the land title deed the right of superficies becomes a real right attached to the land, as opposed to a contractual right.

    CHAPTER VI

    SUPERFICIES

    Thai Law Translation

    table of contents

  • 1417-1428 Civil Law Right of Usufruct

    Thai Usufruct Laws

    Right of Usufruct is a legal concept based on Thai Civil Law. In Thailand it is a part of the category 'real rights' and governed by sections 1417 to 1428. In common law, when a right of usufruct or usufruct contract is registered over a residential home, it could be more or less compared with the concept of a life estate, and the usufructuary with the 'life tenant' but not with the concept of temporary owner. Usufruct contract in Thailand is not transferable and always ends at death of the usufructuary.

  • 537-571 Property Lease Rental or Tenancy Laws

    Tenancy laws (governing lease and rentals)

    There is no special law created for lease and rent of immovable property by individual foreigners in Thailand and foreigners may lease immovable property (including land for residential purposes) as provided by the Civil and Commercial Code. The term of the lease contract cannot exceed thirty years, once the contract comes to an end, it can be renewed (the owner willing to renew the contract), but it must not exceed thirty years from the date of renewal.

  • Competing Estate Agents Claim for Commission

    I instructed an estate agent to sell my property. I signed an agency contract. He introduced a buyer but we were unable to agree a price. A few months later, another agent introduced the same buyer. We did agree a price and it was the same price the buyer had offered me through the first agent. I accepted as the market had now fallen. Both agents are claiming commission. Whom should I pay?

  • Immovable Property Conveyancing Tax

    Real Property Tax
    standard conveyancing tax rates

    The taxes and fees imposed and collected upon transfer of ownership of a real property (condominium apartment, land, house, land and house) in Thailand are: transfer fee, specific business tax (if applicable), stamp duty (if applicable), income withholding tax.

  • Inheritance of real estate by foreigners

    Thai condominium ownership deedInheritance Laws
    succession of foreign owned real estate

    Something you do not own, you cannot transfer by inheritance or last will. Something you are not allowed to own as a foreigner in Thailand, you also cannot acquire by inheritance or through succession laws. This applies to the inheritance of land, leased land, or condominium units by foreigners in Thailand.

    Inheritance of Land in Thailand

    Foreigners are not allowed to own land in Thailand, and therefore, foreigners cannot inherit land in Thailand. Foreigners married to a Thai national may acquire land as a statutory heir under Section 93 of the Land Code Act, but will not be permitted to register ownership. This section was originally written for foreign heirs who acquire land from another foreigner owning land under a treaty.

    Section 93: “A foreigner who acquires land by inheritance as statutory heir can have an ownership in such land upon a permission of the Minister of Interior. However, the total plots of land shall not exceed those specified in Section 87.”

    Section 93 of the Land Code must be read in relation to Section 86, which addresses foreign ownership under a treaty, not in relation to foreigners married in Thailand inheriting land from their Thai spouse. This over 50-year-old section applies to statutory heirs of foreigners who acquired land under treaty provisions (section 86). The last such treaty was terminated in 1970, and there is currently no treaty in force allowing the Minister of Interior to grant permission to any foreigner to register land ownership in Thailand. Any foreign statutory heir (e.g., a foreign spouse) must sell the land within one year, pursuant to Section 94 of the Land Code Act.

    It is important to note that only since 1999 (following a ministerial regulation) has it been permitted for a Thai national married to a foreigner to acquire land during the marriage, and only after confirming that the foreign spouse does not acquire ownership rights (i.e., through a land office letter of confirmation). This way the land becomes a personal asset of the Thai spouse and not a marital property between the spouses.

    A foreign spouse may inherit land owned by their Thai spouse, but upon the death of the Thai spouse, the foreigner will not be allowed to register ownership of the land. The foreigner must sell the land within one year from the date of acquisition by inheritance.

    Inheritance of a Condominium Unit in Thailand

    Section 19 (7) of the condominium act of Thailand divides foreign heirs and legatees into two groups: strong>qualified and unqualified for registration of ownership. In practice, most foreigners inheriting a condo unit in Thailand cannot register ownership and must sell the apartment within one year of acquisition by inheritance.

    Section 19(7):
    “A foreigner or juristic person regarded by law as foreign, other than those specified in Section 19(1), who acquires an apartment by inheritance as statutory heir or legatee or otherwise, shall notify in writing the competent authority within sixty days from the date of acquisition of ownership, and shall dispose of such apartment within one year from the date of acquisition. If disposition is not made within said period, the provisions of the fourth paragraph of Section 19(8) shall apply mutatis mutandis.”

    Qualified Foreign Heirs Under Section 19(1)

    Qualified foreign heirs and legatees under Section 19(1) may register ownership of a condominium unit, provided that doing so does not exceed the 49% foreign ownership quota in the condominium. If the quota is full, even qualified foreigners must sell the unit within one year of acquiring it by inheritance.

    1. Foreigners permitted to have residence in the Kingdom under the immigration law (qualified to hold ownership within the foreign ownership quota of a condominium).
    2. Foreigners permitted to enter into the Kingdom under investment promotion law (qualified to hold ownership within the foreign ownership quota of a condominium).
    3. Juristic persons as provided in Sections 97 and 98 of Land Code and registered juristic person under Thai law (qualified to hold ownership within the foreign ownership quota of a condominium).
    4. Juristic persons which are aliens under section 4 of the foreign business act and have obtained promotion certificate under investment promotion law (qualified to hold ownership within the foreign ownership quota of a condominium).
    5. Foreigners or juristic persons regarded by law as foreign who have brought in foreign currency into the Kingdom or withdrawn money from Thai Baht account of the persons who have residence outside the Kingdom or withdrawn money from foreign currency account (qualified to hold ownership within the foreign ownership quota of a condominium).

    Obligations of Ineligible Foreign Heirs

    Any foreigner who does not meet the criteria of Section 19(1) is considered ineligible. In this case, they must:

    • Notify the local or provincial Land Office in writing within 60 days of inheriting the unit
    • Dispose of the condominium unit within one year from the date of ownership acquisition

    If the foreigner fails to comply, the Director-General of the Land Department has the authority to sell the unit on their behalf.

    Read more: succession foreign ownership of a condominium unit

    Inheritance of Leased Properties

    Warning: “Leasehold” in Thailand refers only to what is basically a prepaid rental contract under the Hire of Property section of the Civil and Commercial Code. It is not a real property right and is not automatically transferable by inheritance.

    Under Thai law, a lease (tenancy) is a contractual arrangement and a personal right of the lessee. The general principle is that a lease agreement terminates upon the death of the lessee. As confirmed by the Supreme Court of Thailand, the lessee is considered the essence of the lease. Therefore, when the lessee dies, the lease contract automatically ends unless specific provisions to the contrary are included in the agreement. To preserve the lease beyond the lessee’s death, the lease structure must include a clause for succession or assignment of rights. When such a clause exists, the lessee’s heirs may claim performance directly from the original lessor under Section 374 of the Civil and Commercial Code. However, this right does not automatically extend to successors of the lessor. To avoid potential legal complications, it is often advisable to include co-lessees in the lease agreement. This allows each co-lessee to independently continue the lease if the other lessee passes away.

    Tip: For better long-term security, a foreign lessee can combine a land lease with a registered right of superficies. This allows the foreigner to legally own the structure on the land and maintain rights independently of the lease, even if the lease ends or the land changes ownership. Read more →

    Inheritance of Company Shares and Control in a Thai Limited Company

    The inheritance of shares and control in a Thai limited company—especially where a foreigner holds property through the company—is legally more complex than individual ownership. Share certificates alone have no legal effect, as Thai company shares are not bearer shares.

    To transfer control:

    • The shares must be officially transferred and registered at the Department of Business Development.
    • The foreigner’s heirs must be registered as new shareholders.
    • The remaining (often nominee) Thai shareholders must hold a shareholders’ meeting to appoint a new director.

    Proper legal assistance is essential to ensure both share transfer and company control are validly passed to the heirs under Thai law.

    Click a question below to see the answer.

    No. Foreigners are not allowed to own land in Thailand. Even if land is inherited (e.g., from a Thai spouse), the foreign heir must sell the land within one year. Ownership registration will not be permitted.

    Only if the foreign heir qualifies under Section 19(1) of the Condominium Act (e.g., permanent resident or foreign currency transferee). Otherwise, the unit must be sold within one year of inheritance. Registration is not allowed for unqualified heirs.

    No, not automatically. A lease is a personal contract under Thai law and generally ends with the lessee’s death unless the agreement includes specific succession rights. Even then, it may not bind successors of the lessor.

    Read more:

  • Land code amendment act 1999

    Land Laws
    land code amendment act

    Foreign land ownership in Thailand under a treaty

    Foreigners may under section 86 of the Land Code acquire land in Thailand by virtue of the provision of a treaty providing him with the right to own land. Obtaining such acquisition is subject to the provision of the Land Code and the Ministerial Regulations issued under the Land Code, and the permission must be obtained from the Ministry of Interior. Before the termination of the treaty which was made on February 27th, 1970, there were 16 countries bided to the treaty;

  • Land Laws Prohibiting Foreign Land Ownership

    Land Ownership in Thailand
    foreign ownership restrictions

    The restrictions of private foreign land ownership in Thailand is not absolute and can exist, pursuant section 86 of the Land Code Act, under a treaty (no treaty available) and foreigners can since 1999 qualify for land ownership under section 96 bis of the Land Code Act. In practice the exception in section 96 bis is so restrictive that this is not a viable option for foreigners. In general foreign land ownership in Thailand is prohibited and a foreigner who personally or through an agent (nominee) violates foreign land ownership restrictions is liable for fines and imprisonment (section 111 Land Code Act).

  • Land Title Deeds Land Documents in Thailand

    sample thai land title deed showing back of title

    Land Laws
    land title documents

    Land documents and deeds evidencing a person's legal right or title to land. Large areas of Thailand do not have the status of titled land or land confirmed for private use and possession but are government or public land or at the best forms of land claims generally used by farmers. No juristic acts like a sale, lease, superficies or usufruct can be registered over these types of land, this is only possible over land titles offering private ownership or a confirmed right of possession, issued by the land department of Thailand.

  • Legal Guide: Buying a Condominium in Thailand as a Foreigner

    Foreign Condominium Ownership
    buying an apartment unit

    Under Thai law, a “condominium” refers to a building that is legally registered and licensed under the Condominium Act, allowing it to be divided into individual units with separate ownership rights. These units come with joint ownership of common property such as the land, hallways, elevators, and other shared areas. Ownership is evidenced by government-issued unit title deeds registered with the Land Department. In contrast, private apartment or "holiday" projects that are not licensed under the Condominium Act do not confer legal ownership of the individual units or common areas. Instead, they typically offer only possession rights through private contractual arrangements, such as lease agreements or tenancy contracts, without any legal title or shared ownership.

  • ownership of a home in thailand

    Thai style building and owner's documents

    Buying a Thai Home
    foreign ownership of a house

    Foreigners cannot own land in Thailand but are allowed to lease land under a land lease agreement registered with the land department and own the structure built on leased land. Obtaining the correct legal ownership of the building upon the leased land greatly increases the land lessee's rights and long term interest in the property. The right to own a building upon another man's land however always relates to the right to use and possess the land, i.e the term of the land lease (and optional the term of an additional right of superficies).

  • Property law

    the area of law dealing with forms of ownership, possession, encumbrances and rights to immovable property in Thailand

  • Property Tax Land and Building Tax

    Thai Property Taxes
    building and land tax

    There are no general property taxes (capital tax on property imposed by the government) in Thailand, but real properties put to commercial use (residential houses not 'owner occupied' and commercial buildings) must under the Building and Land Tax Act pay a 'rental' tax at a rate of 12,5 % of the annual rental value or the annual assessed rental value, whichever is higher.

  • Real estate and ownership laws in Thailand

    Thailand Property Law Overview

    Thai real estate laws
    FOR FOREIGNERS

    Real estate or property law in Thailand is the area of Thai law that governs the rights of use, possession and various forms of ownership of immovable property (land, house, condominium). In this article a brief legal introduction to the most common real estate laws in Thailand.

  • Real Estate Leasehold, Lease and Tenancy laws

    Leasehold in Thailand
    The lease (tenancy) agreement

    Lease or rent of land, house or condominium apartment unit for residential purpose by foreigners is governed by civil and commercial code sections 537 to 571. Foreigners are under Thai law allowed to lease real estate property for up to 30 years and the law is applied in the same manner if the lessee is a foreign or Thai national.

  • Thai House Registration and Resident Book

    Tabien baan
    Yellow or blue Thai house book

    this is a yellow house book

    What is a tabien baan or Thai house book?
    Tabien baan or Thai house book is the official local government issued house or apartment address and resident registration booklet. It is an administrative document issued by the local municipality (amphur). The persons having their domicile or legal residence at the house or condo unit are registered in the house book.

  • Thai Land Law - Full Translation of the Thailand Land Code Act | Thailand Law Online

    Thai Land Law:
    Thailand Land Code Act B.E. 2497 (1954)

    Foreigners may under section 86 of the land code act acquire land in Thailand by virtue of the provision of a treaty giving him the right to own land. There is currently no treaty with any country allowing foreigners to own land in Thailand. The Thai government created one specific and restrictive exemption for foreign land ownership in section 96 bis of this act.

  • Usufruct

    real property legal term, under Thai law a registered property right attached to an immovable property by which the owner grants another person the exclusive but temporary possession, use, enjoyment and management of his real property governed by a usufruct contract agreement and the civil and commercial code sections 1417 to 1428 (chapter 'usufruct')