A right many buyers have never heard of
Since October 2019, Thailand has had a right that is still missing from many guides: the Sap Ing Sith (ทรัพย์อิงสิทธิ, roughly "property based on a right"). It was introduced by its own act to create a registered, long-term and tradeable alternative to the lease.
What Sap Ing Sith is
Sap Ing Sith is a real right over a property. It is registered on the land title at the Land Department, and the holder receives a separate certificate. Because it attaches to the property itself rather than being merely a contract between two people, it also applies against later owners, heirs and creditors of the owner.
Key features
- •Subject: Land with a Chanote, buildings on such land and condominium units. The right covers land and buildings together. Because it is not ownership, it can also be granted over condo units in buildings where the 49% foreign quota has already been filled.
- •Term: a maximum of 30 years, fixed and registered.
- •Transferable: The holder can sell the right to a third party without the owner's consent.
- •Inheritable: It passes to the heirs on death.
- •Usable as security: It can be used as collateral for financing.
- •Alterations: The holder may make changes and extensions without the owner's consent.
- •Protection from the owner: During the term, the owner may not create further rights over the property that affect your right without your consent.
The difference from a leasehold
| Leasehold | Sap Ing Sith | |
|---|---|---|
| Legal nature | Contract between lessee and lessor | Real right over the property |
| Term | max. 30 years | max. 30 years |
| Transfer | generally only with the lessor's consent | without the owner's consent |
| Death of the holder | lease generally ends; passing to heirs uncertain | passes to the heirs |
| Financing | hardly usable as collateral | usable as collateral |
| Alterations | generally only with consent | permitted without consent |
| Ownership of the house | only together with a superficies | building covered by the right |
Requirements and limits
- •Chanote required: Land with a Nor Sor 3 Gor or weaker title does not qualify.
- •Bank consent: If the property is mortgaged, the bank must consent.
- •No automatic renewal: After 30 years, only a new agreement is possible, if both sides agree.
- •Return: At the end of the term, the property reverts to the owner unless otherwise agreed.
- •Owner's willingness: Because the right is so strong for the holder, not all owners are willing to grant it. This may be reflected in the price.
- •Still rarely used: The right is relatively new. Many sellers, developers and agents do not offer it on their own initiative, and practice at the authorities is less established than for leaseholds.
Outlook
In 2025, the government announced a reform intended to allow longer terms of up to 99 years. At the time of writing, this reform had not yet entered into force. What matters is the current law, with a maximum of 30 years.
Who Sap Ing Sith suits
For buyers of houses and villas on Chanote land who have resale, inheritance or financing in mind, Sap Ing Sith is currently the strongest registered solution short of ownership. Raise it actively in negotiations. Because its effect depends heavily on the exact wording of the registration, an independent lawyer should handle the agreement and registration.