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 :
Sève-sith (ทรัพย์อิงสิทธิ, also written sève ing sith, sub-ing-sith ou property-based right) is a real right over immovable property created by the Sap-Ing-Sith Act B.E. 2562 (2019), which gives the holder the use of land, a building or a condominium unit for a registered term of up to 30 years, with the right to sell, hypothèque and bequeath that interest without the owner’s consent. It was designed to attract investment into Thai property by offering something between a lease and ownership. For foreigners, who cannot own land, it is the only registered long-term right that is both transferable and inheritable as of right.
Table des matières
What the Sap-Ing-Sith Act creates
The Act was published in the Royal Gazette in April 2019 and came into force in October 2019. Only the owner of the property can create a sap-ing-sith, and only over land held under a chanote, buildings on such land, or condominium units under the Loi sur les condominiums. The right is registered at the Bureau foncier, which issues a separate sap-ing-sith certificate with a blue Garuda; the holder’s name appears on that certificate rather than on the owner’s deed alone.
The holder behaves almost like an owner for the term. The sap-ing-sith can be sold, given away, mortgaged as security for a loan, and passed to heirs by will or succession ab intestat, all without the landowner’s approval. The holder may build, alter and sublet, subject to the registered terms. What the holder cannot do is exceed 30 years: the Act sets that ceiling and provides no automatic renewal, so continuation requires a new agreement and fresh registration before expiry.
Using a sap-ing-sith as a foreigner
A foreigner may hold a sap-ing-sith; the Act does not restrict holders by nationality, and the Land Code’s ban on foreign land ownership is not engaged because the land stays with the Thai owner. The registration is done at the Land Office holding the title, with the owner and the holder present or represented by a Tor Dor 21 power of attorney, a Thai-language agreement, passports or ID cards and the original deed. Fees are set by regulation and are higher than for a lease: a fixed registration fee, a fee for the certificate, and 1% plus 0.5% stamp duty on any mortgage of the right. ThaiLawOnline’s guide lists the current amounts.
The common obstacle is unfamiliarity. Years after the Act came into force, many provincial Land Offices have registered few sap-ing-sith and some staff will steer the parties back to a lease. Developers have also been slow to adopt it. A buyer who wants one should confirm in advance that the office has the forms and that the land is chanote, not Nor Sor 3 Gor, which the Act does not cover.
Sap-ing-sith compared with lease and usufruct
| Fonctionnalité | Sève-sith | Bail enregistré | Usufruit |
|---|---|---|---|
| Base juridique | Loi sur la sapience, l'innovation et les technologies de l'ère bouddhiste 2562 | CCC Sections 537 onwards | CCC Sections 1417 to 1428 |
| Durée maximale | 30 ans | 30 ans | 30 ans ou la perpétuité |
| Cession sans l'accord du propriétaire | Oui | No (Section 544) | Non |
| Se transmet aux héritiers | Oui | Only if the contract says so | No, ends on death |
| Peut être hypothéqué | Oui | Non | Non |
| Property covered | Chanote land, buildings, condo units | Any immovable | Any immovable |
| Own document issued | Yes, blue Garuda certificate | No, annotation on the deed | No, annotation on the deed |
A location is a personal contract that ends on the lessee’s death unless drafted otherwise; a usufruct is personal and always ends on death. The sap-ing-sith is a piece of property in its own right, which is why it can be sold on or used as bank collateral. Its weaknesses are the same 30-year wall as the lease, the higher fees, and the fact that when the term ends everything, including buildings, reverts to the owner unless the agreement provides for compensation.
Foire aux questions
Can a foreigner hold a sap-ing-sith in Thailand?
Yes. The Act does not limit who may be the holder, and because the land remains owned by the Thai grantor the foreign land ownership ban does not apply. The foreigner is named on the sap-ing-sith certificate issued by the Land Office and can sell, mortgage or bequeath the right during its term.
How long does a sap-ing-sith last?
Up to 30 years from registration. There is no automatic renewal; the parties must sign and register a new sap-ing-sith before the old one expires if they want to continue. At expiry the land and any buildings revert to the owner.
What is the difference between sap-ing-sith and a 30-year lease?
Both last up to 30 years and both are registered, but a lease is a contract that needs the landlord’s consent to assign and normally ends when the lessee dies. A sap-ing-sith is a real right that can be sold, mortgaged and inherited without the owner’s consent, and it comes with its own title certificate. It costs more to register.
Voir aussi : bail, Usufruit, superficie, understanding sap-ing-sith in Thailand, Loi Sap-Ing-Sith BE 2562 (2019) ET usufruct, lease and superficies compared.
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