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Right of superficies (sections 1410 to 1416 Civil and Commercial Code) in Thailand is a civil law real estate right. In France it is called ‘droit de superficie’, in Germany it is called ‘Erbbaurecht’ and in the Netherlands it is called ‘recht van opstal’. The effect of the right of superficies in these countries is the same; it grants the superficiarius (meaning the person granted the right of superficies) the right to build and own buildings, structures or plantations upon land belonging to another person. The superficies agreement specifies the terms under which the right is granted, and by registration at the Land Department’s provincial or local branch office it legally separates ownership of the land and everything on land. The right of superficies in Thailand is limited to a period of time of up to 30 years or for the life of the owner of the land or the life of the superficiarius. The person in the agreement granted the right of superficies obtains ownership over the building without obtaining or having ownership rights in the land. A superficies in Thailand will be allowed before construction or during the construction of a building, generally not for an existing building unless the building officially transferred and transfer taxes and fees have been paid.
Legal Services is often times associated with controversies requiring court action. In truth, it embraces both Litigation and Related Services requiring an understanding of the law, its incorporation into an act, and the possible legal repercussions that may follow. Services which fall into this category include the drafting of public instruments, private contracts or agreements, registration and licensing requirements, notary services, personal legal documentation, and many others.
The Labour Department may also issue or renew work permits regardless of the above criteria when the foreign individual falls into one of the following categories: employed as an international trade representative inspecting product quality, purchases or conducting market surveys; employed as an investment or management technology adviser or internal auditor; a tour representative bringing foreign tourists into Thailand; employed in an international financial institute endorsed by the Bank of Thailand; employed a non-profit organization on a temporary basis; employed as a contractor on projects for state agencies or public enterprises; employed in a business that mainly required the use of local raw materials.
Only a foreigner who qualifies under section 96 bis of the Land Code Act may own up to 1600 square meters (or 1 rai) of land for residential purposes in specified areas. Foreign land ownership under section 96 bis among other requires an investment of not less than 40 million Baht in by the BOI approved Thai bonds and assets which must be beneficial to Thai economy and requires approval by the Minister of Interior. If granted foreign land ownership under this exemption is limited to the life of the person granted the right to own the land (not transferable, not inheritable). Permission for foreign land ownership under section 96 bis Land Code Act is rarely applied for or granted. We have helped a growing number of clients find the right lawyer for their specific case in Thailand. Using a lawyer requires both trust and reliability. That is why the lawyers in our partner program undergo an admission process to ensure our network only consists of the best English-speaking lawyers in Thailand. Our extensive network of lawyers helps us find the ideal lawyers for your specific case. See more details at https://3lawyersthailand.com/.