Right of Superficies

Right of Superficies

The right of Superficies is a European Civil Law concept that has been incorporated into the Commercial and Civil Code of Thailand (CCCT). The relevant law is set out sections 1410 and 1416 of the Code.  A right of superficies is a real estate interest or real right that attaches to immovable property (real property). It is not a personal property right the effect of which is that ownership of the underlying property can change hands but the superficies right remains on the title in the same way as does a mortgage if not discharged on transfer of title.

A right of superficies may be granted by the owner of real estate in favour of another person, whether foreign or Thai. The person who granted such a right is called a superficiary. A right of superficies is a right to own buildings, structures and improvements erected upon or under the land (Section 1410). A right of superficies can be transferred to another person or can be passed to the heirs of a superficiary on his or her death unless otherwise specified in the agreement (section 1411). A right of superficies may be granted to own building and structures upon land for a fixed term of up to a maximum of 30 year or for the life of the superficiary or for the life of the owner of the land.

It is common to find right of superficies added to a lease agreement on the land with both contracts having the same term. As in the case of leases renewals of superficies contracts are permitted.

In order to be valid a superficies agreement must be registered and upon this being done the identity of the superficiary will be recorded on the title.

As in the case of usufructs, superficies can be granted for valuable consideration or without consideration. If a monetary consideration is stipulated then a tax of 1.1% on the total consideration for the full term is payable to the Land Office at the time of registration.

Lanna Lawyers

99/107 Soi 10 Laddarom Elegance Payap                          

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T. San Klang A. San Kamphaeng 

Chiang Mai 50130 Thailand

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