Superficies are a right that is granted to an individual or an entity by a land owner in order to have the right to be able to build upon the land and consequently, own the structure built upon the land. Superficies are a right that is registered at the relevant land department in which area the land is located in, and is outlined on the title deed on which the land is based on.
The cost for such a registration is paid as consideration to land owner in which may be payable on a once off payment, or even on a monthly basis. No such costs are actually paid to the land department. The land owner can charge as little as 1,000 baht for such a registration and benefit of such a right. Superficies can be registered for a maximum time period of 30 years, similarly to a lease. Taxes are to be paid by the grantee for the period of time in which they are the registered superificiary, despite the fact that there may not be any structure erected on the land or even if such structure is damaged and not in usage.
It is essential to remember however, unlike with any other right between partners who have registered their marriage in Thailand that a right of superficies may be granted between married partners. Although not prohibited by law as superficies are indeed governed by the Civil and Commercial Code of Thailand under section 1410, the discretion remains with the land officer at the land department to register such a right.
If details of a right of superficies are minute and complicated, it is suggested that a contract granting the right of superficies be drafted in order to cover the rights and obligations of both the land owner, or the grantor of the superficies, and the grantee. This is imperative in the event that you wish to assign the right of superficies to another, however, this must be agreed upon by the land owner. The land owner at any point during the grant period may also charge rent to the grantee, however a notice of at least one year must be given either to pay such rent or to terminate the superficies.
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