ข้อตกลงและคำแนะนำสำหรับพื้นผิว (ประเทศไทย, บล็อกคู่ภาษาไทย-อังกฤษ)
A foreigner cannot own land in Thailand, but can own a building. A superficies (Civil and Commercial Code, sections 1410 to 1416) gives a person who does not own the land the ownership of the house built on it, for up to 30 years or for life. Once registered on the title deed it binds any later buyer of the land and, unlike a usufruct, it can pass to your heirs. This pack gives you two documents: the agreement itself, and plain instructions to complete it and register the right correctly.
1. The Superficies Agreement
Word file to fill in on your computer and PDF to fill in by hand, 11 pages, English and Thai clause by clause, with tick boxes for every choice, initials boxes on every page, and a signature page for the owner, the superficiary, two witnesses and the consent of the owner’s spouse. It is written as the addendum to the official contract signed at the Land Office.
- Grant over the whole land or a part of it
- The house: to be built, existing and built at the superficiary’s cost, or existing and transferred separately
- Term: a number of years (30 at most), the life of the superficiary or the life of the owner
- Without payment, a single payment or a yearly rent
- Registration, fees, and what happens if the Land Office refuses
- Building permit, house registration and utilities in the superficiary’s name
- Transfer and inheritance
- Destruction of the house, improvements, taxes
- The owner’s undertakings: no mortgage, no conflicting right, notice before a sale
- Renewal promise recorded with special reciprocal consideration
- End of the term: removal, or purchase by the owner at market value with a valuation procedure
- Essential conditions, breach and termination, workable even when no rent is charged
- Free will, no nominee, section 1469 for married couples, Thai text prevails
2. คำแนะนำ
PDF, 12 pages, complete English text then complete Thai text, so that both parties read the same thing.
- Thai law in plain words, section by section
- Why the Agreement is an addendum to the Land Office contract
- The nominee issue and Land Office discretion: the law has not changed, the practice has
- The existing house case, the building permit and the yellow house book (Tor Ror 13)
- ทางเลือกที่ต้องตัดสินใจ ทีละข้อ
- Renewals and Supreme Court decision 4655/2566, honestly explained
- Married couples: section 1469 and spouse consent
- Superficies, usufruct and lease compared
- Signing, witnesses, documents to bring, power of attorney form Tor Dor 21 with the official link, procedure and fees
- Common mistakes and a checklist
สำหรับใคร
A foreigner who pays for a house on land owned by a Thai spouse, partner, relative or friend, and the landowner who agrees to it. Also Thai parties who want to separate the ownership of a building from the ownership of the land. Not for condominium units, and not for land without a registrable title. Registration is at the discretion of each Land Office: buying this pack does not guarantee that the office will register the right.
เป็นเทมเพลต ไม่ใช่คำแนะนำทางกฎหมาย
We are a Thai law firm and we do not advise on foreign law. This pack is a template with general instructions, and using it does not create a lawyer and client relationship. If you need advice or a personalised document, our lawyers prepare a personalised Thai and English superficies agreement for a fixed 3,900 THB: Superficies agreement prepared by our lawyers. Registration at the Land Office and government fees are quoted separately. A consultation is 2,000 THB per hour.
คู่มือที่เกี่ยวข้อง: สิทธิเหนือพื้นดินในประเทศไทย, Usufruct, lease and superficies compared, Land ownership restriction in Thailand, ชาวต่างชาติสามารถเป็นเจ้าของบ้านในประเทศไทยได้หรือไม่?
