Buying a house separate from its land

Source: Thai real estate laws pertaining to Thai houses

When you plan to buy a house in Thailand it should be remembered that foreigners are not allowed to own land in Thailand but they may own the building as distinct from the land it stands on. Buying real estate by foreigners in Thailand usually means  a land lease combined with ownership over the house. Ownership over a house is in principle obtained if the land leaseholder builds a house himself, or in case of an existing house if the house is transferred at the local land office. An existing house cannot be transferred by a private agreement, only official registration of the sale of the building at the local land office transfer ownership.

Ownership of a house separate from the land relates and exist by the virtue of the rights to the land. If the rights to the land expire the right to own the house upon the land ends.

The rights to the land could concern a land lease agreement, or a land lease combined with a right of superficies. Less suitable, but it could also involve a right of usufruct.

Unless restricted ownership of the house and superficies is transferable by way of inheritance and the owner of the house is free to determine via his/ her last will and testament what should happen to the house after he or she dies.

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