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AirBnB illegal in Thailand?

Just noticed a sign in my condo that letting out a room for a short term period is illegal.

What's the actual law about this?

Just curious as I have friends who visit Thailand who may not know this and use AirBnB

Appreciate any advice. Thank you

Temporary accommodation for short-term rent for less than one month is considered hotel business and building must registered as hotel and have hotel license.

http://www.tilleke.com/resources/operat … s-building

Condos and villages may also have special internal rules and regulations, which prohibit a «hotel business», which AirBnB actually is (see comment from Straydog).

Even with a hotel license, the other condo owners must agree.

Actually the hotel has a provides some exceptions in this case...

Hotel Act

The Hotel Act (2008) requires any place that provides accommodation for less than a period of one month in exchange for payment is defined as a “Hotel”, regulated by the Hotel Act, and requires a hotel license.

There is a limited exception to this. A license is not required if:

1) the said place has less than five rooms; and

2) cannot accommodate over 20 guests at a time; and

3) the income being earned for such is merely “additional income”.

However, even in this case the owner must report such accommodation activity to the relevant local authorities.

Anyone who operates a “Hotel” without a license is liable to:

a) a fine of up to B20,000; plus

b) a fine of up to B10,000 per day of such illicit operation; and

c) imprisonment of up to one year (in the case of a company, the person subject to such imprisonment would be the director).

Provided that there is nothing in the condominium's Juristic Housing Person legislation (which can vary), that expressly prohibits short term rental of less then 30 days, then provided that you report the accommodation activity to the relevant authorities. i.e Immigration in the case of a foreign guest, tax authorities if the income is taxable, etc. Then you would not be breaking any laws.

That is correct, all potential Airbnb hosts would need to refer to the individual condominiums Juristic Housing Person Rules and Regulations. Most condos have a handbook with all the rules and regs. It would also be worth referring to the Condominium Act. B.E. 2522 and all subsequent amendments.

With regards to housing village (projects) they are covered by the Land Allocation Act. B.E. 2543 and also the individual village's Juristic Housing Person Rules & Regulations. Most villages have a handbook with all the rules and regs

The condo act and land allocation act are similar but not the same.

Hope that the info is useful folks!

Tuenchai (Consultant to foreign clients - Libra Law Pattaya)

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