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
Superficies (สิทธิเหนือพื้นดิน, sitthi nuea phuen din, sometimes written right of superficies or superficies right) is a real right, registered at the Land Office, under which the owner of land allows another person to own buildings, structures or plantations on, above or below that land. It is governed by Sections 1410 to 1416 of the Civil and Commercial Code. Because Thai law lets a house be owned separately from the ground beneath it, superficies is the tool that lets a foreigner, who cannot own land, hold a house in their own name on land owned by a Thai spouse, a friend or a lessor.
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How superficies works under the Civil and Commercial Code
Section 1410 lets a landowner create a right of superficies in favour of another person, who then owns what is built or planted on the land. Under Section 1412 the right may be granted for a fixed period of up to 30 years or for the lifetime of the landowner or of the superficiary; a longer fixed term is cut back to 30 years, and a term can be renewed at expiry. Section 1411 makes the right transferable and inheritable unless the registration says otherwise, which is the main advantage over a usufruct.
Registration makes it real. The agreement is recorded on the back of the land’s chanote or Nor Sor 3 Gor at the Land Office. Once registered it binds any later buyer of the land and survives the landowner’s death. An unregistered superficies is only a contract between the two signatories; the person who built the house has no right against a new owner of the land.
Using superficies as a foreigner in Thailand
The usual pattern is land owned by a Thai spouse or bought under a 30-year lease, with the foreigner named as superficiary and as applicant on the building permit. The house is then the foreigner’s property: it can be sold, mortgaged if a lender will take it, and left by will. Both parties attend the Land Office with the title deed, passports or ID cards, the house registration book if the house exists, and a Thai-language agreement; a Tor Dor 21 power of attorney covers anyone who cannot attend.
The Land Office charges a registration fee of 1% of the consideration declared, plus 0.5% stamp duty, and a fixed fee only when the right is granted without consideration, which is common between spouses. Withholding tax may be assessed when a payment is declared.
The common mistake is to register superficies on land the foreigner has funded through a nominee, or to grant it for the landowner’s lifetime when the superficiary is the younger party: the right then dies with the landowner and the house passes to the heirs of the land.
Superficies compared with usufruct and leasehold
| Feature | Superficies | Usufruct | Registered lease |
|---|---|---|---|
| Sections of the CCC | 1410 to 1416 | 1417 to 1428 | 537 onwards; 538 and 540 |
| Maximum term | 30 years or a lifetime, renewable | 30 years or the usufructuary’s lifetime | 30 years, renewable |
| Owns the building | Yes | No, only the use | No, unless the lease says so |
| Transferable or inheritable | Yes, unless excluded | No, ends on death | Personal; ends on lessee’s death unless agreed |
| Binds a buyer of the land | Yes | Yes | Yes, while registered |
Superficies gives ownership of the structure; a usufruct gives the use of land and house for life but nothing to pass on; a lease gives possession for a term. Many foreigners combine a registered lease of the land with a superficies over the house, so that the house is theirs even when the lease is renegotiated. When the superficies ends, Section 1416 lets the superficiary remove the building and restore the land, unless the landowner elects to buy it at market value.
Frequently asked questions
Can a foreigner register a superficies in Thailand?
Yes. The prohibition in the Land Code is on owning land, not buildings. A foreigner can be registered as superficiary on Thai-owned land and thereby own the house on it. The right is registered at the Land Office on the back of the land title and is transferable and inheritable unless the registration excludes that.
How long does a superficies last?
A fixed term of up to 30 years, or the lifetime of either the landowner or the superficiary, under Section 1412 of the Civil and Commercial Code. A fixed term can be renewed by a new registration. Choosing a lifetime term is a double-edged tool: if it is the landowner’s lifetime, the right ends when the landowner dies.
What is the difference between superficies and usufruct?
A superficies makes the holder the owner of the building on another person’s land and can be sold or inherited. A usufruct gives the holder the right to use and enjoy the land and any house on it, but it is personal and ends at the usufructuary’s death. Superficies is the better choice when the aim is to own or pass on the house.
See also: superficiary, usufruct, leasehold, building permit, superficies in Thailand guide and can foreigners own a house in Thailand.
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