Reviewed by ThaiLawOnline, a licensed Thai law firm practising in Thailand since 2006. Thai lawyer of record: Wichuda Atthamethakon, LL.M., Thai Bar Licence 3149/2556.
Last updated on September 5, 2026
A superficiary (ผู้ทรงสิทธิเหนือพื้นดิน, phu song sitthi nuea phuen din, sometimes written superficies holder) is the person in whose favour a right of superficies has been registered under Sections 1410 to 1416 of the Civil and Commercial Code, and who therefore owns the buildings, structures or plantations standing on land that belongs to someone else. The landowner keeps the land; the superficiary keeps the house. In practice the superficiary is very often a foreigner who has built or bought a house on land owned by a Thai spouse, partner or lessor, since the position gives ownership of the building without breaching the ban on foreign land ownership.
Table of Contents
What the superficiary owns and may do
Once the superficies is entered on the back of the land title at the Land Office, the superficiary is the owner of the building as a separate piece of property. The right is transferable and passes to heirs unless the registration excludes that (Section 1411), so the superficiary can sell the house, give it away or leave it by will, and the buyer or heir steps into the same position for the rest of the term. The right is not lost if the building burns down or is demolished (Section 1415); the superficiary may rebuild.
Duties follow the rights. If rent was agreed for the land, the superficiary must pay it; a superficiary who is two years in arrears, or who breaches an essential condition of the grant, can have the right terminated by the landowner (Section 1414). Where no term was fixed and the right is not for a lifetime, either party may end it on reasonable notice, or with one year’s notice or a year’s rent where rent is payable (Section 1413).
Becoming a superficiary as a foreigner
The foreigner and the landowner attend the Land Office together, or through a Tor Dor 21 power of attorney, with the chanote or Nor Sor 3 Gor, passports or ID cards, the marriage certificate if the parties are married, and a Thai-language superficies agreement stating the term. The office registers the right on the deed and issues the superficiary a copy of the registration. If the house is still to be built, the building permit should be applied for in the superficiary’s name with the landowner’s written consent, and once built the house should have its own house registration book.
Choose the term deliberately. A superficiary who is younger than the landowner should take a fixed term of up to 30 years, or the superficiary’s own lifetime, rather than the landowner’s lifetime; otherwise the right ends at the landowner’s death and the house goes with the land to the heirs. Fees are modest: 1% of any declared consideration plus 0.5% stamp duty, or a fixed fee when granted free.
When the superficiary’s right comes to an end
The right ends at the expiry of the fixed term, at the death of the person whose lifetime measures it, on termination for breach, or by agreement. Under Section 1416 the superficiary may then remove the building and must restore the land, unless the landowner gives notice of an intention to buy the building at market value, an offer the superficiary may refuse only on reasonable grounds. A renewal must be registered as a new superficies before the old one expires; a promise to renew written into the original agreement binds only the person who made it.
A superficiary is not a usufructuary. The usufructuary uses land and house for life but owns neither and can pass on nothing; the superficiary owns the house and can transfer it. Nor is the superficiary a lessee: a lease gives possession for rent and, unless the contract says otherwise, does not survive the lessee’s death. Where a foreigner has funded the land itself and used a Thai relative as owner only in name, the superficies does not cure the nominee problem, and both sides remain exposed under the Land Code.
Frequently asked questions
Can a foreigner be a superficiary in Thailand?
Yes. Thai law restricts foreign ownership of land, not of buildings. A foreigner registered as superficiary at the Land Office owns the house on the land for the term of the right, and the right can be transferred or inherited unless the registration says otherwise.
Does the superficiary own the house or just the right to use it?
The superficiary owns the building itself, separately from the land. That is the difference from a usufructuary or a lessee, who only use the property. The superficiary can sell the house, leave it by will and, at the end of the term, remove it or sell it to the landowner at market value.
What happens to the superficiary when the landowner sells the land?
Nothing changes. A registered superficies is a real right that follows the land, so the buyer takes the land subject to it and cannot evict the superficiary or claim the house. Only an unregistered agreement fails against a new owner.
See also: superficies, usufruct, building permit, nominee, superficies in Thailand guide and can foreigners own a house in Thailand.
Thai Law Updates, free by email
Plain-English updates on Thai law changes that affect foreigners: property, visas, marriage, business and wills. One short email a month from a firm practicing since 2006. No spam, unsubscribe anytime.