Superficies

Superficies may be granted to a person under Section 1410 of the CCC. It
is essentially a right which can be granted to an individual, irrespective of
nationality, to own on the land the ‘buildings, structures or plantations”. This
right may be granted for a period of time (a maximum of 30 years) or for life
of either the owner of the land or the person granted the right. The process
of registering Superficies is similar to any other proprietary transfers in
Thailand. All involved parties will need to attend the Land Office to register
the right along with the relevant documents including, among others, the
land title deed, house registration book, ID cards and passports. There is
also a transfer tax of 1.5% involved.

A positive characteristic of a Superficies is that it is binding on your heirs.
It is fully transferable to your loved ones unless drafted otherwise in the
agreement. Like all proprietary rights, it can also be transferred to other
parties but will need the consent of the land owner and requires a re-
registration of the right at the Land Office with the new party. One of the
most salient features of a Superficies is that it is a fully registered right giving
you an inalienable right on the property for the duration of the Superficies.
The key benefit of a Superficies is that there are no limitations on foreign
nationals holding such rights.