Superficies — what it means
Superficies is a registered right to own a building on someone else’s land: the house is yours, the land belongs to another party. Used alongside long-term land leases for villas.
What superficies means in Thai law
Superficies is set out in Thailand’s Civil and Commercial Code: a registered right to own a building or structure on someone else’s land. The house legally belongs to the superficies holder, while the plot belongs to another party. The right is registered at the Land Department for up to 30 years or for the lifetime of one of the parties.
Why a villa buyer needs it
In a land-lease-plus-superficies structure, the foreigner owns the house itself even though the land stays with the lessor — reducing the risk of losing the building in a dispute over the land. Unlike a usufruct, superficies can pass by inheritance if the agreement provides for it. Check the term, the renewal conditions and what happens to the house when the right ends.
How this works with us
For villas on leased land we discuss superficies as a complement to the lease: it makes the right to the house free-standing and registrable. Partner lawyers structure the deal — from checking the plot’s title to registering the lease and the superficies at the Land Department simultaneously.
Frequently asked questions
How does superficies differ from a usufruct?
Superficies is the right to own a building on someone else’s land; a usufruct is the right to use another’s property and its income. Superficies can be inherited; a usufruct ends with the holder’s death.
Can a house built under superficies be sold?
The right to the building can be transferred unless the superficies agreement forbids it; the transfer and inheritance terms are best written in at registration.
Primary source: Krisdika — Thai law compendium
See it on a real property
Terms matter when there is an actual deal behind them. We will show how this one works on a project from the catalogue — documents and numbers included.
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