Mujtaba Arain. AirBnB short rentals are ILLEGAL in Thailand. AirBnB in Thailand legal oder illegal?? Is Airbnb illegal in Thailand? Airbnb is a great alternative to staying in hotels if you want more freedom and space. Short term rentals of less than 30 days are illegal in Thailand unless the owner has a license to operate a hotel. The ground, however, is more murky for those renting in condos. The court ruling basically stated that renting out property via Airbnb on a daily or … A court in Hua Hin has fined two Airbnb hosts between B13,000-15,000. “The Hua Hin ruling has made it clear that short-term renting on a daily or weekly basis to tourists is illegal,” says Chris Potranandana, a partner at the law firm Strathmore Litigation and Asset Management. But it’s a gray area and it depends on how long you rent out the property. Additionally, there are still many property owners renting out their property on a short-term basis on the Airbnb platform who are confident that they are not violating any laws and thus will continue renting out their properties on the Airbnb platform. Answer 1 of 169: On Tripadvisor's Bangkok travel forum, travellers are asking questions and offering advice on topics like "Is it true that AIRBNB is illegal in BKK! According to the new ruling, those who rent out properties for a few days, or a couple of weeks, are not … We use cookies to ensure that we give you the best experience on our website. I immediately got in touch with my Airbnb host. A letter has been sent to the Wan Vayla condos in Khao Tao from the local authorities outlining the court’s decision … Time to make your Bangkok condo look like it, This brave Bangkok artist sheds light on his saucy political art. Do these hosts know that what they’re doing is illegal? In 2017, the Din Daeng/Huai Khwang district ranked 11th most-trending neighborhood in the world with 218-percent growth in one year. a retail area in the ground floor of a condominium. However, home and villa owners argue that A Hotel Act Ministerial Regulation states that houses or villas with less than 4 rooms, and a capacity of 20 people or less are exempt from the Hotel Act and are not considered a “hotel”. The second case ruled on Jan 16 for a B5,000 fine in addition to B100 per day for 81 days’ worth of stays. The news will undoubtedly cause more confusion with many now wondering; is Airbnb illegal in Thailand? As for co-ownership, section 1360 of the CCC states that each co-owner is entitled to use the property in so far as such use is not incompatible with the rights of the other co-owners. PHOTO: Wan Vayla Condos in Khao Tao A court ruling handed down in Hua Hin effectively confirms that people who rent out their rooms via companies like However, all these are factual arguments and say nothing about the legality of AirBnB’s success in Thailand. “Maybe it will become harder over time, similar to the way it became harder for Uber to operate in Thailand,” says Chris. Property owners also known as Airbnb “Hosts”, can be prosecuted if they rent their properties on a nightly or weekly basis. Virologe Streeck kritisiert bei Lanz Corona-Maßnahmen - Duration: 20:34. Probably. To further complicate things, in May of 2018, a court in Hua Hin charged two condominium owners with renting out their condos on a daily and weekly basis and violating the Hotel Act. “The ruling doesn’t scare me at all,” said one host who rents out her 42-sq-meter Phahon Yothin condo for B1,500/night. AirBnB short rentals are ILLEGAL in Thailand April 29, 2019 11 views 0 In Hua Hin a court has decided that people who have been renting out their rooms via AirBnB on a daily and weekly basis are acting illegally. “It really depends how serious the Thai government is towards this issue,” he explains. Airbnb is a popular means to secure accommodation giving hosts and users flexibility. There is often confusion as to whether the hotel act applies to short term rentals. Airbnb owners in Thailand do not have licenses to operate hotels. What maybe illegal in Thailand is the provision of short term accommodation (less than a month). That’s the short answer, however the “whole story” is a little more complicated! Hallo zusammen, wusstet Ihr dass Airbnb o.ä. That's their entire business model. ". With its global presence in a total 65,000+ Cities, 191+ Countries and a total of 3+ Million Vacation Rentals, Airbnb is a phenomenon taking Thailand by storm! “Any residential premises that are open for rent with no more than four rooms and with a total service capacity of 20 guests is exempt from the Hotel Act,” he says. Court decides: AirBnB illegal in Thailand for daily and weekly rental Picture: Manager online A court in Hua Hin has effectively decided that people who rent out their rooms via AirBnB on a daily and weekly basis are acting illegally. In addition to renting out condominium units, renting out houses or villas on a short-term (daily/weekly basis) without a hotel license is also illegal. Airbnb’s new cleaning process, in response to the coronavirus pandemic, says hosts must first clean the space, removing dust and dirt from surfaces, and then sanitise “high … ". Airbnb is not illegal in Thailand, renting for less than 30 days is illegal, that is down to the host But many owners rent them our for less than 30 days. Therefore, they can rent out their house or villa on a short-term basis. Is Airbnb Legal In Thailand? Hosting guests could disrupt the condominium’s community and lifestyle. Everyone can earn money. However, another person we spoke to was less confident. Other sites that offer short-term holiday rentals via a Sharing Economy model include Agoda, Booking dot com, TripAdvisor / Holidaylettings, and several in China. The court ruled that renting out rooms via Airbnb on a daily or weekly basis is an illegal act if the renting party has not obtained a licence to run a hotel business under the 2004 Hotel Act. Chris supports this argument, pointing to a clause in the Hotel Act that exempts small residential properties. What you need to know! THE short term rental of condominium units has been a controversial issue for quite some time especially after the booking of rooms online through the so-called AirBnb became a popular channel as this practice has been … Through this partnership, Airbnb is committed to providing resources to local hosts, training, so that they are better aware of the security rules and rules to use the platform. If you are a homeowner in Thailand you may think this is not a concern of yours. You want to make some extra money during your time when you are not in the area, you might be working abroad or taking an extended trip back to Europe / US or wherever. The vast majority of condo owners are against AirBnB. It plays an increasingly important role also in Thailand’s hospitality sector, especially in Bangkok and in Phuket, and even though regarded as illegal by some, the law is rarely enforced by state authorities. In the first Hua Hin case, the court ruled on Jan 5, 2018 that the host must pay a B5,000 fine plus an additional B500 for each day of a 20-day stay, resulting in a total B15,000 fine. April 29, 2019 11 views 0. They are neither legal nor completely illegal! They banned AirBnb in NYC because of this. This effects the landlord, not the tenant as far as I could understand. If you have any questions regarding this matter, feel free to contact us at [email protected] or call us at +66 (0)2 117 9131-2. Most (if not all) the renter are infringing the law and, as a consequence, the tourist which is not registered to the police as required by its tourist visa. Another Airbnb host, who owns a three-bedroom house in Thonglor and rents it out for B4,600/night, said they didn’t need to worry because they rented a house, not a condo. If you use the site to rent your property, should you be worried? So, the government banning Airbnb in Thailand must have something to do with the hotel industry. Apparently not. Airbnb - Illegal in Thailand? Due to this news, other condominium or apartment owners may report or sue his or her neighboring host if they are opposed to the idea of having their condo being rented out on Airbnb or are unhappy about the coming and going of Airbnb tenants.”, Among the Airbnb hosts we spoke to, we found both confidence and concern. There are two areas of Thai law that need to be considered when it comes to short term letting, the Hotel Act and the Condo Act. Airbnb is illegal in all Thailand since the Hotel Act. Airbnb – Is it legal in Thailand? The rule only applies to people renting the apartment for less than 30 days. Airbnb in a condo is illegal but that is not enforced yet anywhere in Thailand. Airbnb in a house is completely legal provided the host has registered as such. In 2015, Bangkok’s Banglamphu district ranked the second-highest-growing neighborhood in the world in terms of its popularity on the site, and since then, the number of apartments, condos and villas that are available to rent in Bangkok has flourished. Recently local authorities have promised to “crack-down” on illegal hotels. 2018-06-03. Is Airbnb illegal in Thailand? Airbnb is a popular online platform that allows property owners (landlords) to rent out their property (partially or wholly) on a short-term (daily/weekly) basis. - Duration: 9:04. Many hotels and resorts are on it too. And the legality of individual properties is fuzzy at best. This may be e.g. PHOTO: Wan Vayla Condos in Khao Tao A court ruling handed down in Hua Hin effectively confirms that people who rent out their rooms via companies like AirBnB on a daily and weekly basis are acting illegally. “If caught, they just have to pay the fine, and to be honest, the fines aren’t that high.”. A chill ran down my spine… I had never heard of this law before. “The Hotel Act is very unsupportive to hotel businesses and Airbnb’s business model,” says Chris. Here’s a brief overview of Airbnb in the region to help ensure you don’t break any rules you might not know about. To keep it simple, yes it’s illegal to Airbnb properties in Thailand. It is the owners that list their units for rent and for periods of less than 30 days, without their project being registered as a hotel under the Thailand hotels legislation, that act unlawfully. With the court ruling in Hua Hin, many say that it is now clear that renting out your property on a short-term basis on the Airbnb platform (Airbnb hosting) is illegal. Here’s a brief overview of Airbnb in the region to help ensure you don’t break any rules you might not know about. A court in Hua Hin fined two hosts at the Wan Vayla Condominium between B13,000-15,000 in a case that has set a precedent against the American room letting application. Many hotels and resorts are on it too. You are looking to rent out your property on Airbnb in Thailand? “It's usual for Thailand to freak out whenever somebody doesn't understand the importance of innovation and healthy business competition. The simplicity of the turnkey service is proving incredibly attractive for condo landlords looking to generate extra-income. Is Airbnb illegal in Thailand? Through this partnership, Airbnb is committed to providing resources to local hosts, training, so that they are better aware of the security rules and rules to use the platform. According to the Bangkok Post, Thai Airbnb hosts have served more than 1.2 million guests in the past 12 months, earning between them four billion baht in supplemental income from Feb 2017-Feb 2018. On one hand, Airbnb is seen by many as an illegal way for landlords to rent out their properties on a short-term basis as it is without acquiring a hotel license. An online marketplace with a global reach where owners, known as hosts, can rent out their properties for any length of time. I’m turning to find a long-term tenant instead," they said. Operating in more than 65,000 cities, 191 countries and offering a total of 3 million-plus accomodation rentals, Airbnb has taken the world by storm—Thailand included. New York City is Airbnb's largest market, but, according to the city, as many as two-thirds of Airbnb's listings are illegal. Thailand . “I’m the owner of the property and I’m not doing anything to cause trouble to society or anyone around me. - Forum Thailand - Reiseforum Thailand von Holidaycheck, diskutieren Sie mit! With the price of renting a property via the Airbnb platform often being cheaper than staying in a regular licensed hotel, the platform creates a viable option for travelers travelling on a budget. Founded in 2008, Airbnb is now a household name. So what penalty can hosts potentially expect? Many AirBnB hosts do not comply with this regulation. Many large condominium developments have notices posted in the building as a reminder. So in many cases it is illegal. She explained that indeed short-term rentals are illegal in Thailand. The offenders were both made to pay a fine of 10,000-15,000 THB for their infringements. This was due to many complaints from residents of cobdominiums, due to the comings and goings of short time tourists in residential buildings. This effects the landlord, not the tenant as far as I could understand. “The Airbnb business model is not illegal,” says Chris. “To make it legal, the hosts need to have a Hotel License.”, However, Chris believes the ruling will have little real-world impact on Airbnb operators in Thailand. It is the vendor that provides the service or good to the purchaser, AirBnB. Short Term Air BnB Rentals Illegal In Thailand. The "crack down" is coming from individual condos and not law enforcement. Thailand A court has decided that people who rent out their rooms via AirBnB on a daily and weekly basis are acting illegally. Airbnb suffered a setback in Thailand after a court in Hua Hin ruled it was illegal for owners to let a property for less than 30 days, Manager Online reported (link in Thai). The total came to B13,000. Answer 1 of 168: On Tripadvisor's Bangkok travel forum, travellers are asking questions and offering advice on topics like "Is it true that AIRBNB is illegal in BKK! However, all these are factual arguments and say nothing about the legality of AirBnB’s success in Thailand. To a bunch of Thai lawyers, the issue is now settled: running an Airbnb business is illegal. It plays an increasingly important role also in Thailand’s hospitality sector, especially in Bangkok and in Phuket, and even though regarded as illegal by some, the law is rarely enforced by state authorities. This means t… To obtain a hotel license, they must prove they employ a qualified hotel manager, that they comply with the Building Control Act, have a Building Permit and Use Certificate which states that the existing building can be used as a hotel. Short term rentals of less than 30 days are illegal in Thailand unless the owner has a license to operate a hotel. https:/… Wir haben gerade in Cha-am unser Condo storniert. This regulation exists to ensure the peaceful cohabitation of residents. This should help rural areas to reap more benefits from tourism. “Since there are already two cases of fines imposed from the Hua Hin court, other provinces in Thailand can follow in the courts' footsteps and use it as an example for future punishments. Short Term Air BnB Rentals Illegal In Thailand. July 15, 2020 Airbnb is a popular online platform that allows property owners (landlords) to rent out their property (partially or wholly) on a short-term (daily/weekly) basis. Airbnb is good for hosting who has Apartment, Condo, House everyconer of the world. According to a recent YouGov survey commissioned by Airbnb 87% of Thai people found an extended work-cation appealing. Earlier this year, Airbnb caused quite a stir in APAC when several countries reviewed how the company operates its business. However, in Thailand, court rulings set a clear guideline for future cases, but judges are free to make their own decisions. Chris, however, doesn’t feel that hosts need worry too much about the courts coming after them—though he does warn that the new ruling could set a precedent for successful conviction that didn’t exist before. In short words, Yes. For Bangkok's over-two-thousand Airbnb hosts, this came as a … Airbnb actively promotes its business in Thailand and the consequences from the ruling could be immense for the company, renters and consumers alike. But the Thai Government and the Thai Hotels Association (THA) see the site’s business model as a disruption to Thailand’s hotel and tourism industry. All Airbnb hosts in Thailand must make sure they follow the process by November 20. Airbnb owners in Thailand do not have licenses to operate hotels. It is not allowed in Thailand to rent out your property for less than 30 days. Airbnb actively promotes its business in Thailand and the consequences from the ruling could be immense for the company, renters and consumers alike. Not only rich people can do hotel business. With an increased desire and ability to … But be careful. However, landlords are quick to point out that section 1336 of the Thai Civil and Commercial Code (CCC) states that property owners are entitled to the benefits and fruits of property ownership, provided that their commercial activities, do not disrupt co-owners and residents. in Thiland inzwischen illegal ist. I immediately got in touch with my Other US cities with strict Airbnb policies “It’s the people who use it—renting out their places short-term—that’s making it illegal. The penalty is a one-year jail term and a fine not exceeding B20,000 and B10,000 per … While Airbnb is illegal in Thailand, offenders are unlikely to receive a jail term and guests have no punishments for booking Airbnbs. This means that the case in Hua Hin is not binding on other judges, but Thai judges tend to follow court rulings set by previous judges. Reply. But unlike Uber, whose ride-sharing service moved out of Thailand in March 2018 after a buyout from Malaysia-born operation Grab, Airbnb doesn’t have any employees or business offices in Thailand. However, it is still illegal for Condominium owners to do the same for a period of … Copyright © 2020 Coconuts Media Limited. 2547 (2004), states that renting out a property on a weekly or daily basis without a hotel license is illegal. The current Thai Legal Framework is currently ill-suited to deal with Airbnb’s unique business model: Hotel Act. However, I was safe as I had booked the place for more than a month. Yes there are potential issues with both the Hotel Act and the Condominium Act, … Everyone can make money with Airbnb. A lot of people see short term rentals as illegally operated hotels which need to go through the same regulations as a normal hotel. There is wording in the hotel act in Thailand that it only applies if you have 4 or more units in the same building. Answer 11 of 46: In general, is Airbnb a good option to rent villas in Phuket or Ko Lanta? The Condominium Act states that commercial activities may only be conducted in designated commercial spaces within the condominium building (if any). However, it is still illegal for Condominium owners to do the same for a period of less than one month. Section 15 of the Hotel Act, B.E. In our opinion, renting out a house or a villa on a short-term basis is safer than renting out a condominium unit due to the fact that unlike the short-term rental of condominium units, there is no court decision prohibiting such short-term rents for houses or villas. The notices say people who violate this law will be prosecuted. AirBnB (like Uber etc etc) provides facilitation services between the Vendor of the product (accommodation) and the purchaser. “I will definitely stop Airbnb-ing just to keep my record clean. Those opposed to Airbnb’s activities in Thailand, often cite infringements of the Hotel Act that state a “Hotel License” as a requirement to operating a business … Short term rentals of less than 30 days are illegal in Thailand unless the owner has a license to operate a hotel. Airbnb brokers Thai Govt ‘partnership’ deal, blanks Hotel Act illegal rentals. 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