Révisé par ThaiLawOnline, un cabinet d'avocats thaïlandais agréé exerçant en Thaïlande depuis 2006. Avocate thaïlandaise en charge du dossier : Wichuda Atthamethakon, LL.M., licence du barreau thaïlandais 3149/2556.
Dernière mise à jour :
Bail (สิทธิการเช่า, sitthi kan chao, also called a bail enregistré ou bail à long terme) is the right to possess and use land, a house or a condominium unit under a lease contract governed by Sections 537 onwards of the Code civil et commercial, registered at the Bureau foncier for a term of up to 30 years. It is the main legal structure by which foreigners, who cannot own land, hold Thai property for the long term. A registered lease binds anyone who later buys the land, but it remains a contract rather than ownership, and its limits, above all the 30-year ceiling, are the source of most disputes.
Table des matières
What the Civil and Commercial Code says about leases
Section 538 provides that a lease of immovable property for more than three years is enforceable only for three years unless it is in writing and registered by the competent official. Section 540 caps the term at 30 years; anything longer is reduced to 30, although the parties may renew for a further period not exceeding 30 years when the first expires. Registration takes place at the Land Office on the back of the chanote ou Ni Sor 3 Gor, and the lessee receives a registered copy.
A registered lease survives a sale of the land. Under Section 569 the transfer of the leased property does not end the lease; the buyer takes over the lessor’s rights and duties for the remaining term. That is why registration matters: an unregistered ten-year lease is a three-year lease against a new owner. Subletting or assigning the lease needs the lessor’s consent unless the contract allows it (Section 544).
Practical points for a foreign lessee
Both parties, or their attorneys under a Tor Dor 21 power of attorney, attend the Land Office with the title deed, passports or ID cards and a Thai-language lease. The registration fee is 1% of the total rent for the whole term, plus stamp duty of 0.1%, and the office will ask which party pays. A lease can be registered over a condominium unit as well as land, which is one option when the building’s foreign quota is full.
The common mistakes are paying the full 30 years’ rent up front to a landlord who is not the registered owner, leaving the lease unregistered to save the fee, and relying on a renewal clause. The Land Office also looks at the substance: a lease at nominal rent on land the foreigner paid for, with a Thai owner in name only, is a candidat arrangement, not a lease.
Renewals, death and the 30-year ceiling
| Term written in the contract | What the Land Office registers | What a buyer of the land must honour |
|---|---|---|
| 30 ans | 30 ans | 30 ans |
| 30 + 30 + 30 years | 30 ans | 30 years; the renewals are personal promises of the original lessor |
| 99 years | 30 ans | 30 ans |
| Lifetime of the lessee | Not registrable as such | Nothing beyond a registered fixed term |
A promise to renew is a contractual obligation of the person who made it. The Supreme Court has held that such promises do not bind a buyer of the land or the lessor’s heirs, so the widely marketed 30 + 30 + 30 structure gives a secure right for the first term only. The renewal has to be registered as a fresh lease at expiry, with the fee paid again. A lease is also personal to the lessee: unless the contract provides for heirs, it ends on the lessee’s death, and the remaining years cannot be inherited. Foreigners who want something inheritable pair the lease with a superficie over the house, or look at the sap-ing-sith right created in 2019, which is transferable and inheritable for up to 30 years.
Foire aux questions
Can a foreigner get a 90-year lease in Thailand?
No. Section 540 of the Civil and Commercial Code limits a lease of immovable property to 30 years. Contracts promising 30 + 30 + 30 years register the first 30 years only; the renewals are personal promises of the original lessor and do not bind a buyer of the land or the lessor’s heirs.
How much does it cost to register a lease at the Land Office?
The registration fee is 1% of the total rent over the whole term, plus stamp duty of 0.1% of the same amount. On a 30-year lease with rent of 3,000,000 baht in total, that is 30,000 baht plus 3,000 baht, with the parties free to agree who pays.
What is the difference between leasehold and usufruct?
A lease is a contract for a fixed term of up to 30 years, usually for rent, that can be assigned with consent but normally ends on the lessee’s death. A usufruct is a real right to use and enjoy the property for up to 30 years or for life, usually granted without payment, which cannot be transferred and always ends on the usufructuary’s death.
Voir aussi : Usufruit, superficie, sève-sith, contrats de location en Thaïlande, le mythe du bail de 90 ans ET Risques liés à l'achat d'un bien immobilier en Thaïlande.
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