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 le 5 septembre 2026
A droit d'habitation (สิทธิอาศัย, sitthi asai, sometimes sithi asai) is a real right under Sections 1402 to 1409 of the Code civil et commercial that lets a named person live in a building rent-free, for life or for a fixed term of up to 30 years. It is registered at the Land Office on the owner’s title deed and is strictly personal: it cannot be sold, leased out or inherited. Foreigners use it, together with the usufruct and the superficies, to secure a home on land owned by a Thai spouse or relative.
Table des matières
What the Civil and Commercial Code provides
The right covers a building, not land as such. The owner of a house grants another person the right to dwell there without paying rent. The right may be for a fixed period of up to 30 years, for the holder’s lifetime, or without a stated term, in which case the owner may end it on reasonable notice. Unless the agreement says otherwise, the holder’s family may live there too, and the holder may take the natural produce of the land for household use.
The right is created by a written agreement registered at the Bureau foncier where the property is located. The registrar notes it on the back of the title deed as an encumbrance, so a later buyer or mortgagee takes the house subject to it. An unregistered promise to let someone live in a house is only a contract between the two people who signed it.
Because it is gratuitous, the holder cannot rent the house out, and because it is personal, it ends on the holder’s death and cannot be transferred by sale or by will.
Where a foreigner uses a right of habitation
The typical case is a house built on a Thai spouse’s land. The foreign spouse cannot own the land and often does not want the complications of a lease. A right of habitation registered for life guarantees a home even if the marriage ends or the Thai spouse dies, since the heirs take the land subject to the registered right. Elderly parents and adult children of the owner are the other frequent beneficiaries.
Registration takes one visit to the Land Office by both the owner and the beneficiary, or by representatives under a Tor Dor 21 procuration. The documents are the original Chanote ou Ni Sor 3 Gor, ID cards or passport, the house registration book and, for a married Thai owner, the spouse’s consent. Where no money is paid for the right, the registration fee is a small fixed amount per title deed rather than a percentage.
The common mistake is to register a right of habitation when the foreigner actually wants to rent the house out, run a guesthouse or leave the house to a child. None of those is possible with this right; a usufruct or a superficies is needed instead.
Habitation compared with usufruct and superficies
All three rights are registered on the title deed and all three are available to foreigners. They differ in what the holder may do with the property and in what survives the holder’s death.
| Droite | What the holder may do | Transfer and death |
|---|---|---|
| Right of habitation (1402 to 1409) | Live in the house rent-free with family | Not transferable; ends on death |
| Usufruct (1417 to 1428) | Occupy, use and lease out land and buildings, keep the income | Exercise may be leased; ends on death |
| Superficies (1410 to 1416) | Own a building on another person’s land | Transferable and inheritable |
In practice the Usufruit is chosen far more often, because it covers the land as well as the house and allows the holder to let the property. The right of habitation remains useful where the owner wants to give shelter and nothing more, for instance to a relative who should not be able to turn the house into a source of income.
Foire aux questions
Can a foreigner have a right of habitation in Thailand?
Yes. A foreigner cannot own land, but the Civil and Commercial Code does not restrict who may hold a right of habitation, and Land Offices register it in a foreigner’s name. It is commonly registered for a foreign spouse over a house standing on the Thai spouse’s land.
What is the difference between a right of habitation and a usufruct?
A right of habitation gives only the right to live in a building rent-free, and the holder cannot let it out or pass it on. A usufruct covers land and buildings, lets the holder collect rent and income, and the holder can lease the property to others. Both end on the holder’s death.
How long can a right of habitation last?
For the holder’s lifetime, or for a fixed term of up to 30 years. If no term is stated, the owner can end it by giving reasonable notice, so a lifetime term should be written expressly into the agreement registered at the Land Office.
Voir aussi : Usufruit, Superficies right, Servitude, Droit d'habitation en Thaïlande, Usufruit en Thaïlande ET Can Foreigners Own a House in Thailand.
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