Last updated on April 12, 2026
(Unofficial English translation of the Sap Ing Sith Act in Thailand)
Table of Contents
His Majesty King Maha Vajiralongkorn Bodindradebayavarangkun has graciously issued a Royal Command proclaiming that:
Whereas it is deemed appropriate to have a law concerning Sap-Ing-Sith,
His Majesty the King has graciously granted the enactment of this Act by and with the advice and consent of the National Legislative Assembly acting in the capacity of Parliament, as follows:
His Majesty King Maha Vajiralongkorn Bodindradebayavarangkun has graciously ordered that:
Whereas it is deemed appropriate to enact a law on Sap-Ing-Sith, His Majesty the King is graciously pleased to promulgate this Act with the advice and consent of the National Legislative Assembly acting as the National Assembly, as follows:
Section 1 – Name of the Act
This Act shall be called the “Sap-Ing-Sith Act B.E. 2562 (2019)”.
Section 2 – Effective Date of the Act
This Act shall come into force after 180 days from the date of its publication in the Government Gazette.
Section 3 – Definitions of Key Terms
In this Act:
- “Sap-Ing-Sith” means a property right arising from the right to use immovable property as prescribed in this Act.
- “Immovable property” means land with a title deed, land with buildings on titled land, and condominium units in accordance with the Condominium Act.
- “Competent Official” means the official under the Land Code and the official under the Condominium Act.
Section 4 – Application for Establishing Sap-Ing-Sith Right
Any owner of immovable property who wishes to establish a Sap-Ing-Sith right shall submit an application to the Competent Official together with the land title deed or condominium ownership certificate, as the case may be.
- The Sap-Ing-Sith right may be granted for a period not exceeding thirty (30) years.
- It is not permitted to establish a Sap-Ing-Sith right over only part of the immovable property as shown in the land title deed or condominium ownership certificate.
- If the immovable property is subject to a mortgage, used as collateral under the Business Collateral Act, or encumbered by any other registered right, the Sap-Ing-Sith may only be established with written consent from the mortgagee, collateral holder, or other right holder, as applicable.
Section 5 – Registration and Issuance of Sap-Ing-Sith Certificate
Upon receiving the application for the establishment of the Sap-Ing-Sith right under Section 4, the Competent Official shall register the establishment of the right in the land title deed or condominium ownership certificate, as the case may be, and issue a certificate of Sap-Ing-Sith.
The certificate of Sap-Ing-Sith shall be made in duplicate. One copy shall be delivered to the owner of the immovable property, and the other copy shall be retained at the office of the Competent Official.
Section 6 – Regulations Governing Sap-Ing-Sith Procedures
The application for the establishment of Sap-Ing-Sith under Section 4, the registration and issuance of the certificate under Section 5, the cancellation of the Sap-Ing-Sith right under Section 14, and the revocation of the certificate shall be in accordance with the criteria prescribed in Ministerial Regulations.
Section 7 – Replacement of Lost or Damaged Sap-Ing-Sith Certificates
In the case where the certificate of Sap-Ing-Sith is lost or materially damaged, the holder of the right may request a replacement certificate in accordance with the criteria prescribed in Ministerial Regulations.
Upon issuance of the replacement certificate, the original certificate shall be deemed revoked.
Section 8 – Indivisibility of Sap-Ing-Sith Rights and Land Plots
The Sap-Ing-Sith right shall be indivisible. The land on which a Sap-Ing-Sith right has been established shall not be divided into multiple plots or merged with any other land plots.
Section 9 – Restrictions on Establishing Additional Rights Over the Property
When a Sap-Ing-Sith right has been established on any immovable property, the owner of such immovable property may not establish any other real rights over that property unless written consent is obtained from the holder of the Sap-Ing-Sith right.
The provisions in the first paragraph shall not affect the right of the owner of the immovable property to transfer ownership of the property to another person, or to use the property as collateral for a debt by mortgage or under the law governing business security.
Section 10 – Rights and Use of Immovable Property by Sap-Ing-Sith Holder
The holder of the Sap-Ing-Sith right shall have the right to use and benefit from the immovable property on which the Sap-Ing-Sith is established in accordance with this Act and as specified in the Sap-Ing-Sith certificate.
Such use must comply with other applicable laws.
Section 11 – Duties and Limitations of the Sap-Ing-Sith Holder
The holder of the Sap-Ing-Sith right shall have the same rights, duties, and liabilities in the immovable property as if they were the owner, except for:
- The right of revendication (the right to reclaim the property from an unlawful possessor), and
- The right to prevent unlawful interference by others.
These rights shall remain with the owner of the immovable property. The holder of the Sap-Ing-Sith must promptly notify the owner of such incidents.
Any buildings or structures that the Sap-Ing-Sith holder modifies, expands, or constructs on the immovable property shall become the property of the landowner when the Sap-Ing-Sith right terminates, unless otherwise agreed between the parties.
The provision in the preceding paragraph shall not apply to condominium units governed by the Condominium Act.
Section 12 – Transferability, Mortgage, and Inheritance of Sap-Ing-Sith Rights
The Sap-Ing-Sith right may be transferred to others or used as security for a debt by way of mortgage in accordance with the Civil and Commercial Code.
The Sap-Ing-Sith right is inheritable.
Any legal act related to the Sap-Ing-Sith must be made in writing and registered with the competent official. Upon registration, the official shall promptly notify the owner of the immovable property according to the type of transaction and procedures prescribed in Ministerial Regulations.
Section 13 – Protection of Third Parties Acting in Good Faith
In the event that the Sap-Ing-Sith right is transferred and a breach of contract occurs between the transferor and the transferee, resulting in one party terminating the contract, such termination shall not affect the rights of third parties who:
- Have acted in good faith,
- Have provided compensation, and
- Have duly registered the right in good faith.
Section 14 – Cancellation of Sap-Ing-Sith by the Property Owner
The owner of the immovable property who is also the holder of the Sap-Ing-Sith right may cancel the Sap-Ing-Sith before its expiration, except where such cancellation would affect the rights of third parties who:
- Have acted in good faith,
- Have provided compensation, and
- Have duly registered the right in good faith.
Section 15 – Return of Property Upon Termination of Sap-Ing-Sith Right
Upon termination of the Sap-Ing-Sith right, the holder shall return the immovable property to the owner in its current condition, unless otherwise agreed between the owner and the holder.
Section 16 – Fees, Expenses, and Revenue Allocation
The issuance of the Sap-Ing-Sith certificate, the registration of legal acts, or other actions relating to the Sap-Ing-Sith shall be subject to fees and expenses as prescribed in Ministerial Regulations. However, such fees shall not exceed the rates listed in the schedule annexed to this Act.
Section 16 (continued)
The Department of Lands shall withhold 5% of the fees collected as administrative expenses.
The remaining fees, after deducting such administrative expenses, shall be allocated as revenue to the local administrative organizations, including the municipality, Subdistrict Administrative Organization, Bangkok Metropolitan Administration, Pattaya City, or other local administrative bodies established by law, according to the location of the immovable property.
Section 17 – Authority of the Minister of Interior and Issuance of Regulations
The Minister of Interior shall be responsible for the enforcement of this Act and shall have the authority to issue Ministerial Regulations prescribing fees and charges not exceeding the rates annexed to this Act. Such Ministerial Regulations may also provide for:
- Exemption from fees, and
- Other matters necessary for the implementation of this Act.
Such Ministerial Regulations shall take effect upon publication in the Royal Gazette.
Promulgated by Royal Command:
General Prayut Chan-o-cha
Prime Minister
Additional Links:
- Our article on Sap Ing Sith in Thailand
- Differences between Lease, Usufruct and Sap Ing Sith