This information is for reference only and is not legal advice. Consult a licensed lawyer before any transaction.
Civil and Commercial Code - Right of Habitation
Civil and Commercial Code ss.1402-1409
The information is reviewed and updated monthly against official sources.
In short
The Right of Habitation (arsai) under the Thai Civil and Commercial Code sections 1402-1409 grants a named person the personal, non-transferable, non-inheritable right to live rent-free in another owner's building, for a fixed term capped at thirty years or for life.
1402: Right to dwell rent-free
A person granted a right of habitation may use a designated building as a residence without paying any rent to the owner. The right covers living in the structure itself; unlike a lease it carries no rental price, and the owner cannot demand periodic payment for the occupancy that the grant confers.
1403: Term or life, thirty-year cap
Habitation may be created for a fixed period or for the grantee's lifetime. If no term is set, either side may end it with reasonable notice. A fixed term cannot exceed thirty years; any longer period is cut down to thirty. The right may later be renewed, again for no more than thirty years from renewal.
1404: Personal and non-transferable
The right belongs strictly to the named individual and cannot be assigned, sold, or passed on through inheritance. Because it is purely personal, it ends with the holder and gives heirs no claim to continue occupying the building, distinguishing it sharply from ownership or a transferable leasehold.
1405-family-and-household: Family and household may share the dwelling
Unless the grant expressly limits the right to the holder alone, the holder's family and ordinary household members may live in the building together with the holder. This lets a granted residence serve the beneficiary's relatives and dependents, not only the single named person, provided the deed sets no contrary restriction.
1406-natural-products: Use of natural products for the household
Where the grant does not forbid it, the holder may take from the land such natural fruits and produce as the household genuinely needs. This is a limited domestic entitlement tied to personal consumption; it does not authorize commercial harvesting or extraction beyond what reasonable household use requires.
1407-care-and-no-improvement-claim: Care of the property; no reimbursement for improvements
The owner is not obliged to keep the building in repair for the holder. The holder must use it with the care of a prudent person and may not later demand payment from the owner for improvements made during occupancy, though such additions may be removed if this can be done without damaging the property.
1408-return-on-termination: Return of the property when the right ends
When the habitation comes to an end, whether by expiry of the term, the holder's death, or notice, the holder or those occupying through the holder must give the building back to the owner. The property should be handed over in a condition consistent with proper and careful use during the period of occupancy.
1409-applicable-lease-rules: Selected lease duties applied by analogy
Certain duties imposed on a hirer under the lease provisions of the Code (sections 552, 555, 558, 562, and 563) apply to the holder of a habitation with appropriate adaptation. These cover matters such as using the property for its agreed purpose, allowing necessary inspections, and liability for loss or damage attributable to the holder.
registration-requirement: Registration at the Land Office for enforceability
Although the Code text states the substance of the right, in practice a habitation over immovable property should be registered against the title at the Land Office. Registration records the burden on the land and makes the right effective against later purchasers and third parties, which is important for any expat relying on it.
practical-nature-vs-ownership: Habitation versus ownership and usufruct
Habitation gives only the right to live in a building, not to own it, lease it out, or draw income from it. It is narrower than a usufruct, which permits broader use and the taking of profits. For foreigners it can secure a lifelong residence in a Thai-owned home without conferring any title to the land.