Section 1402 — Right of habitation — definition
Statutory text (Thai original)
บุคคลใดได้รับสิทธิอาศัยในโรงเรือน บุคคลนั้นย่อมมีสิทธิอยู่ในโรงเรือนนั้นโดยไม่ต้องเสียค่าเช่า
Verbatim from the Royal Gazette / Office of the Council of State
คำแปลภาษาอังกฤษ
A person who has been granted a right of habitation (arsai) in a building is entitled to occupy such building as a dwelling place without paying rent.
This English translation is provided for reference only and has not yet been firm-verified — always rely on the Thai original.
Firm annotation
Section 1402 establishes the right of habitation — a narrower cousin of usufruct (§1417). The habitator can live in the dwelling but cannot rent it out or derive other income from it. Common firm use: elderly parents who deed their house to a child but want a registered habitation right ensuring they can live there for life. Like usufruct, must be registered at the Land Office under §1299 to bind third parties. Maximum 30 years if for a fixed term, or for the holder's lifetime.
Why this matters in practice
Lawyers: the right of habitation covers only residential occupation of a building; it does not extend to use of bare land, income from the building, or subletting. It must be in writing and registered to perfect as a real right (section 1299). Laypersons: if someone grants you the right to live in their house without paying rent, that is a right of habitation. Unless it is formally registered at the Land Office, it is only a personal right between you and the grantor.
Legislative history
Part of the original Civil and Commercial Code codification; no major subsequent amendment.
Supreme Court decisions interpreting this section
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Supreme Court Judgment No. 4736/2533 (1990)
Allowing an employee to occupy a building rent-free as part of employment is not a right of habitation under section 1402; it is a personal permission not enforceable as a real right.
The plaintiff allowed the defendants to occupy its shophouse without paying rent because Defendant 2 was the plaintiff's employee; the court held this was not a right of habitation within section 1402 — it was a personal permission tied to the employment relationship — and it had not been made in writing and registered, so it did not perfect as a real right under section 1299.
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Supreme Court Judgment No. 482/2506 (1963)
A right of habitation covers only occupation of an existing building; use of bare land to build a house is outside section 1402.
Section 1402 applies only to habitation of a building; allowing someone to build a house on land rent-free is not a right of habitation — it is a licensed use of land. Consequently, the notice rules for terminating a right of habitation under section 1403 do not apply.
Curated decisions with case numbers verified against the Supreme Court database. English renderings are the firm's editorial translation for study.