Superficies & Usufruct Registration
สิทธิเหนือพื้นดินและสิทธิเก็บกิน · § Instrument
Quick Answer
Drafting + Land Office registration from THB 18,000 · Registration fee THB 75 (usufruct) or THB 20 (superficies)
Timeline: Drafting 3–5 d · Land Office booking 3–7 d · Registration 1 d
Official fee: Usufruct THB 75 · Superficies THB 20 · Stamp duty THB 200
Legal Basis
CCC §1410–1416 (superficies) and §1417–1428 (usufruct) — superficies allows ownership of structures on another's land · usufruct grants use and enjoyment for life or 30 years.
Who Needs This
Foreign spouses of Thais · Parents granting lifetime use to children · Foreigners protecting a house built on Thai spouse's land
Required Documents
- Original title deed
- ID/passport
- Marriage certificate (if spouse)
- Landowner's spouse consent
- PoA (if via counsel)
Common Pitfalls
- Lifetime usufruct terminates on holder's death — not transferable to heirs
- Superficies with no fixed term = terminable by either party on 6 months' notice
- Mortgaged land requires bank consent before registration
Typical Use-cases
- Foreign husband registers superficies on house built on wife's land
- Parents grant 30-yr usufruct so child collects rental income
FAQ
- Can a usufruct be rented out?
- Yes · the usufructuary may collect rental income, but the lease terminates with the usufruct.
- Superficies vs leasehold?
- Superficies = ownership of the building · Leasehold = right of use only · Superficies better protects a foreigner's house.
- Must consideration be stated?
- No — gratuitous grants are valid; if consideration exists, personal income tax applies.
Other Legal Services
Request a quote — Call 083-249-4999 · LINE @NYC168 · contact@ilc.ltd






