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English Translation of the Sap-Ing-Sith Act B.E. 2562 (2019)

Published for educational and reference purposes. For official legal use, refer to the Royal Government Gazette (ราชกิจจานุเบกษา).

Royal Emblem of Thailand - Legal Act

Act on Sap-Ing-Sith (ทรัพย์อิงสิทธิ) B.E. 2562 (2019)

His Majesty King Maha Vajiralongkorn Bodindradebayavarangkun has graciously issued a Royal Command proclaiming that:

Whereas it is deemed appropriate to have a law concerning Sap-Ing-Sith,

His Majesty the King has graciously granted the enactment of this Act by and with the advice and consent of the National Legislative Assembly acting in the capacity of Parliament, as follows:

His Majesty King Maha Vajiralongkorn Bodindradebayavarangkun has graciously ordered that:

Whereas it is deemed appropriate to enact a law on Sap-Ing-Sith, His Majesty the King is graciously pleased to promulgate this Act with the advice and consent of the National Legislative Assembly acting as the National Assembly, as follows:

Section 1

This Act shall be called the “Sap-Ing-Sith Act B.E. 2562 (2019)”.

Section 2

This Act shall come into force after 180 days from the date of its publication in the Government Gazette.

Section 3

In this Act:

  • “Sap-Ing-Sith” means a property right arising from the right to use immovable property as prescribed in this Act.
  • “Immovable property” means land with a title deed, land with buildings on titled land, and condominium units in accordance with the Condominium Act.
  • “Competent Official” means the official under the Land Code and the official under the Condominium Act.

Section 4

Any owner of immovable property who wishes to establish a Sap-Ing-Sith right shall submit an application to the Competent Official together with the land title deed or condominium ownership certificate, as the case may be.

  • The Sap-Ing-Sith right may be granted for a period not exceeding thirty (30) years.
  • It is not permitted to establish a Sap-Ing-Sith right over only part of the immovable property as shown in the land title deed or condominium ownership certificate.
  • If the immovable property is subject to a mortgage, used as collateral under the Business Collateral Act, or encumbered by any other registered right, the Sap-Ing-Sith may only be established with written consent from the mortgagee, collateral holder, or other right holder, as applicable.

Section 5

Upon receiving the application for the establishment of the Sap-Ing-Sith right under Section 4, the Competent Official shall register the establishment of the right in the land title deed or condominium ownership certificate, as the case may be, and issue a certificate of Sap-Ing-Sith.

The certificate of Sap-Ing-Sith shall be made in duplicate. One copy shall be delivered to the owner of the immovable property, and the other copy shall be retained at the office of the Competent Official.

Section 6

The application for the establishment of Sap-Ing-Sith under Section 4, the registration and issuance of the certificate under Section 5, the cancellation of the Sap-Ing-Sith right under Section 14, and the revocation of the certificate shall be in accordance with the criteria prescribed in Ministerial Regulations.

Section 7

In the case where the certificate of Sap-Ing-Sith is lost or materially damaged, the holder of the right may request a replacement certificate in accordance with the criteria prescribed in Ministerial Regulations.

Upon issuance of the replacement certificate, the original certificate shall be deemed revoked.

Section 8

The Sap-Ing-Sith right shall be indivisible. The land on which a Sap-Ing-Sith right has been established shall not be divided into multiple plots or merged with any other land plots.

Section 9

When a Sap-Ing-Sith right has been established on any immovable property, the owner of such immovable property may not establish any other real rights over that property unless written consent is obtained from the holder of the Sap-Ing-Sith right.

The provisions in the first paragraph shall not affect the right of the owner of the immovable property to transfer ownership of the property to another person, or to use the property as collateral for a debt by mortgage or under the law governing business security.

Section 10

The holder of the Sap-Ing-Sith right shall have the right to use and benefit from the immovable property on which the Sap-Ing-Sith is established in accordance with this Act and as specified in the Sap-Ing-Sith certificate.

Such use must comply with other applicable laws.

Section 11

The holder of the Sap-Ing-Sith right shall have the same rights, duties, and liabilities in the immovable property as if they were the owner, except for:

  • The right of revendication (the right to reclaim the property from an unlawful possessor), and
  • The right to prevent unlawful interference by others.

These rights shall remain with the owner of the immovable property. The holder of the Sap-Ing-Sith must promptly notify the owner of such incidents.

Any buildings or structures that the Sap-Ing-Sith holder modifies, expands, or constructs on the immovable property shall become the property of the landowner when the Sap-Ing-Sith right terminates, unless otherwise agreed between the parties.

The provision in the preceding paragraph shall not apply to condominium units governed by the Condominium Act.

Section 12

The Sap-Ing-Sith right may be transferred to others or used as security for a debt by way of mortgage in accordance with the Civil and Commercial Code.

The Sap-Ing-Sith right is inheritable.

Any legal act related to the Sap-Ing-Sith must be made in writing and registered with the competent official. Upon registration, the official shall promptly notify the owner of the immovable property according to the type of transaction and procedures prescribed in Ministerial Regulations.

Section 13

In the event that the Sap-Ing-Sith right is transferred and a breach of contract occurs between the transferor and the transferee, resulting in one party terminating the contract, such termination shall not affect the rights of third parties who:

  • Have acted in good faith,
  • Have provided compensation, and
  • Have duly registered the right in good faith.

Section 14

The owner of the immovable property who is also the holder of the Sap-Ing-Sith right may cancel the Sap-Ing-Sith before its expiration, except where such cancellation would affect the rights of third parties who:

  • Have acted in good faith,
  • Have provided compensation, and
  • Have duly registered the right in good faith.

Section 15

Upon termination of the Sap-Ing-Sith right, the holder shall return the immovable property to the owner in its current condition, unless otherwise agreed between the owner and the holder.

Section 16

The issuance of the Sap-Ing-Sith certificate, the registration of legal acts, or other actions relating to the Sap-Ing-Sith shall be subject to fees and expenses as prescribed in Ministerial Regulations. However, such fees shall not exceed the rates listed in the schedule annexed to this Act.

The Department of Lands shall withhold 5% of the fees collected as administrative expenses.
The remaining fees, after deducting such administrative expenses, shall be allocated as revenue to the local administrative organizations, including the municipality, Subdistrict Administrative Organization, Bangkok Metropolitan Administration, Pattaya City, or other local administrative bodies established by law, according to the location of the immovable property.

Section 17

The Minister of Interior shall be responsible for the enforcement of this Act and shall have the authority to issue Ministerial Regulations prescribing fees and charges not exceeding the rates annexed to this Act. Such Ministerial Regulations may also provide for:

  • Exemption from fees, and
  • Other matters necessary for the implementation of this Act.

Such Ministerial Regulations shall take effect upon publication in the Royal Gazette.

Promulgated by Royal Command:
General Prayut Chan-o-cha
Prime Minister

Fees

  • (1) Registration of Sap-Ing-Sith:
    20,000 THB per instance
  • (2) Certificate or Replacement Certificate:
    10,000 THB per copy
  • (3) Transfer Registration:
    • (a) With capital value: 2% of declared value (rounded)
    • (b) Without capital value: 1,000 THB per instance
  • (4) Mortgage Registration:
    1% of declared capital value
  • (5) Cancellation of Sap-Ing-Sith:
    20,000 THB per instance

Miscellaneous & Other Fees

  • Application fee: 200 THB
  • Document copies (per page): 200 THB
  • Certified document: 200 THB per copy
  • Registry evidence check: 200 THB
  • Seizure registration: 200 THB
  • Power of Attorney: 500 THB
  • Registry info check: 200 THB
  • Data copy (digital media): 500 THB per unit
  • Public notice: 200 THB
  • Announcement posting: 200 THB/person
  • Witness fee: 200 THB/person

Frequently Asked Questions

English:

Q: Can foreigners register a Sap-Ing-Sith right in Thailand?

A: Yes, foreigners can register a Sap-Ing-Sith right. However, in practice, it functions similarly to a well-structured land lease. The term cannot exceed 30 years, and there is no statutory guarantee of renewal. Under Section 11 of the Sap-Ing-Sith Act, unless otherwise agreed, ownership of any structures reverts to the landowner at the end of the term.

While different terms (such as compensation or renewal) can be agreed in the contract, these are personal obligations, not attached to the land itself. This means that if the land changes hands during the 30-year term, the new owner is not bound by prior agreements unless they formally reaffirm them. As with leases, long-term security depends entirely on the ongoing cooperation of the landowner and the enforceability of private contracts.

English:

Q: Is Sap-Ing-Sith a new real estate right in Thailand?

A: Yes, Sap-Ing-Sith is a new real estate right introduced under the Sap-Ing-Sith Act of 2019. While it creates a new legal framework, it offers only limited improvements over traditional lease arrangements. The right is still limited to a 30-year term, and there is no statutory guarantee of renewal or compensation at the end of that period.

Any such benefits, like compensation for improvements or the option to renew, must be explicitly written into the contract and properly registered. According to Section 15 of the Act, all improvements revert to the landowner unless otherwise agreed in writing. These rights are contractual, not statutory, meaning they can be easily lost, just like with standard leases.

Legal Warning:
While Sap-Ing-Sith grants strong, transferable rights for a fixed 30-year term, key limitations remain. Renewal and compensation are not statutory, they rely entirely on personal agreements. As with leases, there are no pre-agreed or automatic renewals. After 30 years, you may be negotiating with a new landowner who is not bound by previous commitments. Under Section 11 of the Sap-Ing-Sith Act, if no valid agreement exists, all improvements revert to the landowner without compensation.

English:

Q: Is Sap-Ing-Sith a silver bullet for foreign land use in Thailand?

A: Sap‑Ing‑Sith is a new form of registered real estate right under the Sap‑Ing‑Sith Act B.E. 2562 (2019), created to address gaps in Thailand’s Civil and Commercial Code. It allows use of land or condos for up to 30 years via a registered agreement.

However, it is not a silver bullet. It comes with critical limitations:

  • No automatic renewal: Requires a new agreement and Land Office registration after 30 years. No legal right to extend.
  • Improvements revert to owner: Under Section 11, any structures built revert to the landowner unless stated otherwise in the contract.
  • Compensation must be agreed: Compensation and renewals are personal contract rights, not legal entitlements. If omitted, they are lost.
  • Landowner can sell: Even during the Sap‑Ing‑Sith term, the landowner can sell or mortgage the land without the holder’s consent. The right only protects registered use, not full control.

Conclusion: Sap‑Ing‑Sith can be useful in some investment structures, but it is not a one-size-fits-all solution. In many cases, a long-term lease combined with other property rights (like superficies or usufruct) may offer more flexibility and similar protection.

Warning: Sap‑Ing‑Sith is sometimes presented as the ideal alternative to leasehold, but its limitations can expose investors to significant risk if not properly understood or contractually addressed.

English:

Q: Can the Sap‑Ing‑Sith holder mortgage the right?

A:

  • ✅ Yes – The Sap‑Ing‑Sith Act clearly allows the holder to mortgage only the right itself (not the land or property), making the right usable as collateral under registered Thai law.

  • ❌ No – This does not mean the holder can mortgage the land. Mortgaging the land remains the sole right of the landowner. The Sap‑Ing‑Sith holder’s ability to mortgage is limited to their registered usage right, not the full title deed.
Summary: Sap‑Ing‑Sith introduces a new legal framework for long-term land use, but it is not a silver bullet. Its limitations, especially the lack of automatic renewal, non-binding compensation, and the risk of changes in land ownership must be carefully considered by foreign investors and property developers.
About the Author (FAQ):

Robert M. Spelde, LL.M. is a legal consultant with a background in Dutch and European law. Since 2005, he has helped foreigners navigate Thai legal matters, with a focus on real estate, family law, inheritance, and contract drafting. He operates online through ThailandLawOnline.com and ThaiContracts.com, and works remotely while sailing globally.

© 2025 SamuiForSale.com. This article reflects original legal analysis based on over 20 years of direct experience in Thai property law. Republishing is not permitted without written permission or proper attribution including a link to the original source.

Unofficial English translation of the Sap-Ing-Sith Act (2019), provided for general informational purposes only. This translation has no legal force. Refer to the official Thai version published in the Royal Government Gazette for authoritative text and interpretation.

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Note: English translations of the original Thai law texts are prepared for reference purposes only. Only the Thai script versions, as published in the royal Thai government gazette (ราชกิจจานุเบกษา), shall have legal force in Thailand.