Sap-Ing-Sith : Le droit de propriété enregistrable thaïlandais de 30 ans (Loi de 2019)

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 : 27 septembre 2026

Sève-sith (ทรัพย์อิงสิทธิ, also written Sap 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, with superficies, one of the two registered rights that are transferable and inheritable by default, and unlike superficies it gives the use of the land or unit itself.

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 copropriétés. The right is registered at the Bureau foncier, which registers it on the deed and issues a sap-ing-sith certificate, which carries a blue Garuda, in two copies, one for the owner and one kept at the office (Section 5); later transfers are endorsed on it. The owner applies alone (Section 4), so an investor normally acquires the right by a transfer from the owner, which must be in writing and registered, after which the office notifies the owner (Section 12). It cannot be created over part of a title, and property already mortgaged or subject to another registered right needs the written consent of that right holder (Section 4). Once it exists, the owner cannot create another real right over the property without the holder’s written consent, although the owner may still sell or mortgage the property itself (Section 9).

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 has the rights, duties and liabilities of an owner, except that actions to recover the property or stop interference with it remain the owner’s, and the holder must tell the owner at once when they arise (Section 11). The holder may build and alter, 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 ministerial regulation within ceilings in the schedule to the Act: up to 20,000 baht to register the creation, up to 10,000 baht for the certificate, up to 2% of the declared value to register a transfer, and up to 1% to register a mortgage. 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

A bail 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.

La dernière révision : 27 septembre 2026. The Sap-Ing-Sith Act B.E. 2562 (Royal Gazette volume 136, part 56 Kor, 30 April 2019, in force 180 days later), sections 2 to 16 and its fee schedule, and Civil and Commercial Code sections 544, 1411 and 1417 to 1428 were read in Thai. The ministerial regulation setting the actual fees and Land Office practice were not re-checked here.

Foire aux questions

Voir aussi : bail, Usufruit, droit de superficie, understanding sap-ing-sith in Thailand, Loi Sap-Ing-Sith BE 2562 (2019) ET usufruct, lease and superficies compared.