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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.
The assistance of lawyers is crucial in the drafting, negotiation and implementation of these instruments. Lawyers are prepared to take clients through their rights and safeguards before acts are committed, or signatures are affixed. Expect lawyers to also explain to you all possible legal consequences which may result from an act. Essentially, proper lawyer consultation results in more learned decisions. Real estate or property law in Thailand is the area of Thai law that governs the rights of use, possession and various forms of ownership of immovable property (land, house, condominium). In this article a brief legal introduction to the most common real estate laws in Thailand.
The applicant of a work permit must be in the possession of a valid non-Immigrant visa at the time they of processing the work permit application, however it is possible to start a work permit application for the purpose of obtaining a Non-Immigrant class B (business) visa (i.e. some embassies around Thailand require a valid work permit or a work permit application form (WP 2) as one of the conditions for issuing a non-immigrant class B (business) visa).
Foreign corporations operating a business in Thailand may for the duration of their business in Thailand obtain special privileges and exemptions for land ownership through the Board of Investment under section 27 of the Investment Promotion Act and under section 44 of the Industrial Estate Authority of Thailand Act or section 65 of the Petroleum Act. This exemption requires large investments and is limited to the duration of their business. 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. Read even more info on https://3lawyersthailand.com/.