Superficies is the property right to own the house or building or plant on the ground or underground in another person’s land but will not be able to exploit the benefits of land such as digging the soil or mining. The landowner still has ownership or possession rights but allowing others to take ownership of the house or buildings or structures on the ground or underground only. Superficies can be made for a period but not longer than 30 years (the period can be extended) or throughout the life of landowner or the person who has the right above the land and can be transferable or inherited. The right of superficies is not extinguished by destruction of the buildings, structures or plantations even if caused by force majeure.
How can Superficies Agreement be beneficial to you?
As you may know that foreigners are not allowed to buy and possess the land and house in Thailand except the condominium. Therefore, most of real estates in Thailand is available for long term lease only. However, the long-term lease is not transferable inherited to your family members after you pass away or even during the term of lease contract. In the other hand, the superficies is the long term of right to own the house or building above the land which can be transferred or inherited. Therefore, the superficies is one of option for foreigners who plan to live long term and retire in Thailand.
Completion of Superficies
Superficies is completed and enforceable according to Thai Law when the superficies agreement is made in written and registered by Land Office only.
Government Fee and Duty Stamp
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Government fee
- Government fee for registration of Superficies which there is no rental is
50 THB per plot
- Government fee for registration of Superficies with the ground rental is in rate of
1 % of rental
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Duty Stamp
Duty Stamp for registration of Superficies with the ground rental is in rate of
0.5 % of rental
Our Services
- Drafe and review Superficies Agreement
- Due Diligence / Title Deed Search
- Superficies Registration
- Translation and Gramma Correction
- Legalization by Ministry of Foreign Affair
- Legalization by Embassy
- Power of Attorney
- Notary Public
Contact us for free legal advices and affordable services.