1410-1416 Civil Law Right of Superficies

Thai Land Laws

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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'.

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

table of contents

1417-1428 Civil Law Right of Usufruct

Thai Usufruct Laws

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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.

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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

Inheritance 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 cannot acquire by inheritance or by succession laws. Inheritance of land, leased land or condominium by foreigners in Thailand.

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

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.

ownership of a home in thailand

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

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.

Primary sources of Thai property law for foreigners

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

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.

Thailand Condominium Buying Foreign Ownership

Foreign Ownership
buying an apartment unit

Thai condo laws define a 'condominium' as a building that can be separated into units for individual ownership and includes common properties (land on which the building sits, hallways, elevators, etc.). Only condominium buildings licensed under the condo act and registered with the land department as 'condominium' offer individual ownership of the units and joint ownership of the common areas and government issued ownership unit title deeds. Private 'holiday' apartment projects, not having obtained a condo license, do not offer ownership of the unit spaces nor joint ownership in the common areas, but only offer possession under private contract structures.

Translation Land Laws Thailand

Thai land laws
Thailand Land Code Act

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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')