\nShort term holiday rentals not only raise safety concerns and pose a nuisance for neighbors, they also fall foul of the law
\nMany of Phuket\u2019s luxury hotels are being usurped by illegal hotel style rentals at luxury condos. Image credit: Roderick Eime (Flickr) Cape Panwa Hotel
\nShort term \u201choliday rental\u201d platforms, such as Airbnb have flourished in recent years, but concerns as to their safety abound, and calls for heavier regulation are commonplace.
\nPerhaps unbeknownst to many who use such platforms, the practice of short term lets in Thailand within unregistered buildings is illegal.
\nPhuket condo owners who have been earning extra income this way will now have to cease such activity or face fines and even jail time.
\nA formal notice was issued last week by the Phuket Provincial Land Office, and sent to all 234 registered condo projects in Phuket, which includes 26,071 condo units.
\nThe notice read:
\nTo managers\/developers of condominiums,
\nToday, there is a lot of news about condominium developers\/owners renting out rooms or buildings that they have ownership of to foreigners or tourists on a daily basis (daily rental) rate that generate income as if they were a hotel (under the Hotel Act 2004).
\n\u201cThis type of operation is causes a public nuisance for renters in the same complex and creates unsafe places for tourists, which may lead to loss of life and property. It is inacceptable to operate an illegal hotel. The penalty for this is up to one year in jail or a fine of up to B20,000, or both.<\/p>\n
More: Alternative short-term rentals gaining popularity in Singapore
Short term holiday rentals not only raise safety concerns and pose a nuisance for neighbors,...<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"false","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"spay_email":"","footnotes":"","jetpack_publicize_message":"","jetpack_is_tweetstorm":false,"jetpack_publicize_feature_enabled":true},"categories":[1],"tags":[],"class_list":["post-18720","post","type-post","status-publish","format-standard","hentry","category-property-news"],"jetpack_featured_media_url":"","jetpack_publicize_connections":[],"jetpack_sharing_enabled":true,"jetpack_shortlink":"https:\/\/wp.me\/p75ss1-4RW","jetpack-related-posts":[{"id":31564,"url":"https:\/\/www.siamlandbank.com\/propertynews\/property-news\/airbnb-is-now-banned-in-new-york-city\/","url_meta":{"origin":18720,"position":0},"title":"Airbnb is now banned in New York City","date":"October 25, 2016","format":false,"excerpt":"\r Could this also be enforced in Asian cities? An Airbnb user looks for rentals in Thailand. ArthurStock\/Shutterstock It\u2019s happened: after months of talks, Airbnb is now illegal in the big apple. On Friday Governor Andrew Cuomo signed legislation which means anyone advertising a short-term rental apartment on a home\u2026","rel":"","context":"In "Property News"","img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":26588,"url":"https:\/\/www.siamlandbank.com\/propertynews\/property-news\/phuket-residential-market-is-dominated-by-income-seekers\/","url_meta":{"origin":18720,"position":1},"title":"Phuket residential market is dominated by income seekers","date":"September 20, 2016","format":false,"excerpt":"\r Watch: exclusive insights from one of Asia\u2019s leading boutique investment firms \u2013 what makes Phuket desirable? Phuket\u2019s residential market experienced increased villa sales in Q2 2016, with five higher-end properties sold compared with just one in Q2 2015, according to CBRE\u2019s Phuket Residential MarketView Q2 2016. Smaller and cheaper\u2026","rel":"","context":"In "Property News"","img":{"alt_text":"","src":"https:\/\/i0.wp.com\/img.youtube.com\/vi\/gdxNzt1WxAk\/0.jpg?resize=350%2C200","width":350,"height":200},"classes":[]},{"id":25913,"url":"https:\/\/www.siamlandbank.com\/propertynews\/property-news\/myanmar-marine-tourism-gaining-luxury-reputation\/","url_meta":{"origin":18720,"position":2},"title":"Myanmar marine tourism gaining luxury reputation","date":"September 13, 2016","format":false,"excerpt":"\r The Mergui archipelago is making itself known as a new hot destination A boat view of an island in the Mergui archipelago. Leslie Richard Wilk\/Shutterstock Myanmar\u2019s Mergui archipelago is gaining favour among luxury travelers in the international marketplace, according to a new report from C9 Hotelworks. The region only\u2026","rel":"","context":"In "Property News"","img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":18984,"url":"https:\/\/www.siamlandbank.com\/propertynews\/property-news\/royal-phuket-marina-is-on-the-market\/","url_meta":{"origin":18720,"position":3},"title":"Royal Phuket Marina is on the market","date":"July 7, 2016","format":false,"excerpt":"\r A rare opportunity for developers Royal Phuket Marina Royal Phuket Marina, one of Asia\u2019s leading yachting facilities, has been put on the market, it has been announced today. The marina, which was developed in 2005 by entrepreneur Gulu Lalvani includes 110 wet berths and a hardstand for 40 boats.\u2026","rel":"","context":"In "Property News"","img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":21226,"url":"https:\/\/www.siamlandbank.com\/propertynews\/property-news\/ocean-marina-pattaya-boat-show-is-must-for-yacht-enthusiasts\/","url_meta":{"origin":18720,"position":4},"title":"Ocean Marina Pattaya Boat Show is must for yacht enthusiasts","date":"July 28, 2016","format":false,"excerpt":"\r Boat fans and luxury seekers in Thailand have something to look forward to Luxury Boats at Ocean Marina Pattaya Boat Show This November, boat lovers will descend on Pattaya for the fifth year of the Ocean Marina Pattaya Boat Show. Held at the Ocean Marina in Pattaya from 24\u2026","rel":"","context":"In "Property News"","img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":155248,"url":"https:\/\/www.siamlandbank.com\/propertynews\/property-news\/luxury-airbnbs-tell-us-what-got-you-into-running-one-or-booking-a-stay-at-one\/","url_meta":{"origin":18720,"position":5},"title":"Luxury Airbnbs: tell us what got you into running one, or booking a stay at one","date":"June 4, 2025","format":false,"excerpt":"\r We\u2019re interested to hear from owners of luxury Airbnb-style rentals how business has been, and from guests why they opted to book a stay at a private luxury propertyHigh-quality finishes, amenities such as pools, saunas, snooker tables and firepits, or a prime location: luxury Airbnb-style rentals are on the\u2026","rel":"","context":"In "Property News"","img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]}],"_links":{"self":[{"href":"https:\/\/www.siamlandbank.com\/propertynews\/wp-json\/wp\/v2\/posts\/18720"}],"collection":[{"href":"https:\/\/www.siamlandbank.com\/propertynews\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.siamlandbank.com\/propertynews\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.siamlandbank.com\/propertynews\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.siamlandbank.com\/propertynews\/wp-json\/wp\/v2\/comments?post=18720"}],"version-history":[{"count":0,"href":"https:\/\/www.siamlandbank.com\/propertynews\/wp-json\/wp\/v2\/posts\/18720\/revisions"}],"wp:attachment":[{"href":"https:\/\/www.siamlandbank.com\/propertynews\/wp-json\/wp\/v2\/media?parent=18720"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.siamlandbank.com\/propertynews\/wp-json\/wp\/v2\/categories?post=18720"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.siamlandbank.com\/propertynews\/wp-json\/wp\/v2\/tags?post=18720"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}
\nGenerally speaking, the Airbnb business model is based on evading regulations and circumventing the law.
\nHowever, as Desmond Hughes, of Asia based law firm Hughes Krupica explained to Property Report:
\n\u201cAirbnb and companies like them are not responsible for legal compliance of the landlords and tenants. Therefore, no reliance or burden can be shifted away to them in general terms.\u201d
\nHughes urges condo owners to take heed of Thai laws and understand that the responsibility to comply is on their own shoulders.
\n\u201cWhen it comes to individuals using their properties for standalone occasional rental, they must have regard to the laws of Thailand and cannot rely upon the use of an internet portal to somehow \u2018escape\u2019 from regulation. If rentals are made for non-nightly and non-weekly use and for periods longer than 30 days then such use may not fall within the definition of section 4 of the Hotel Act (2008). If investigated, the onus would be on the person being investigated to prove the type of use. Lying or deceiving the authorities about such use could carry serious penalties including criminal penalties\u201d
\nAlthough many condo owners are keen to continue with these rentals, most professionals in the industry agree the relevant laws should be viewed positively.
\nDuncan Worthington of Infinity Communications, a public relations firm with numerous real estate clients told Property Report:
\n\u201cThe recent announcements about clamping down on real estate owners renting out for short-term that is less than 30 days, is ultimately a good thing. This is not a new law. It is a long-standing law that is starting to be enforced. For fairness and stability in the market if the laws are applied equally then that is a good thing long-term.\u201d
\nRead next: New Airbnb chief practices what he preaches
\n
\nSource : property-report.com
\nRead more…Crackdown on Airbnb style holiday rentals in Phuket<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"