Renting out rooms daily or weekly? You better read this.

[Vermor]

24 minutes ago, Mattd said:

Because hotels are designed, built and staffed for that purpose, condos are meant to be used for long term living, they are not serviced, they do not have the staff or amenities suitable for short term guests, all of the condo owners pay a yearly service fee for those amenities and staff, which is based on the m2 of the condo unit, why should the majority subsidise and let the minority take advantage so that they can make short term rents and profits ?

But what if the developper has an hotel license ?

Edited May 21, 2018 by Vermor

[Mattd]

7 minutes ago, Vermor said:

But what if the developper has an hotel license ?

If it is built as a condo, then it would not matter what the developer has, in any case, it is the property that is registered / licensed, condominium buildings are registered as that, they are not registered as a hotel or guest house.

The definition of a condominium building under Thai law is:

' “condominium” means a building that persons are able to divide ownership in the building in parts where each part comprises ownership in personal property and co-ownership in common property'

[Krataiboy]

. . . it was illegal for people to rent out their condos or rooms on a daily or weekly basis.

 

What about houses, as opposed to rooms or condos. A lot of these are let for days and weekends in the resort where I live.

 

[pieeyed]

Many housing estates around Sattahip rent out house by the day.

[mikeymike100]

2 hours ago, JGV said:

No regulation Rich cats will exploit for their own greedy benefit as always

Regulate and control I am sick of these Trump fans always screaming for de-regulation - they are all parasites and should be exterminated

You always get one 'person' that attempts to inject their brand of of politics where there is no ethereal connection. How can renting rooms out in Thailand have anything to do with Trump fans?????

[gk10002000]

4 hours ago, BobBKK said:

The law is clear and has been for years. No rentals under 30 days it's illegal. My condo enforced this years ago and allows only 3 months + and I voted for it at our AGM. Why?  because I don't want tons strangers in and out, I don't want condo staff used for this, I don't want tons of short stayers in the pool and for security reasons.

Well, an investment property should have rules and regulations and covenants.  Nothing wrong with that.  But that is a lot different than some private person renting out rooms in their house.  And the article(s) keep saying "their rooms".  exactly which rooms are they referring to?  Do private dwelling houses, or blocks of hotel rooms that some foreigners and even Thais have rented at a discount and then sub rent out at a higher rate included?

[marios]

The problem, of course, is that the hoteliers see their livelihood threatened. A law , passed in Greece a short time ago, taxes Airbnb and the like. This way the hoteliers claim that there is not an unfair competition. I think this is the best approach. Revenue generated is taxed, this is the era of capitalism and free economy after all. 

[peterquixote]

I completely sympathise with people in Condos suffering this influx of strays.

I rent here in Bangkok, and because Thais don't swim much  I have the pool to myself about 2pm.

My contract will say no sub letting,  I imagine and it is finger print entry to the building. 

[The Deerhunter]

4 hours ago, DoctorG said:

De facto perhaps?

No!  Defective!   555

[atyclb]

5 hours ago, DoctorG said:

6 hours ago, webfact said:

acting as defect hotels a

De facto perhaps?

 

first statement correct, an accurate description of many hotels

[Cashy]

AS I understood, Foreigners ( not a r egistered juristic person)anyway -  ( beside the restriction to rent out condos for a period less than 1 month if not holding a "Hotel License"  are prohibited to rent out their condominium which was acquired under the Thai Condominium Act. Check this matter  with your legal adviser b4 the immigration will act ( illegally working in the Kingdom..)

[Psimbo]

5 hours ago, BobBKK said:

The law is clear and has been for years. No rentals under 30 days it's illegal. My condo enforced this years ago and allows only 3 months + and I voted for it at our AGM. Why?  because I don't want tons strangers in and out, I don't want condo staff used for this, I don't want tons of short stayers in the pool and for security reasons.

I concur- I hate the 'ten day riff-raff' thinking that they can be shouting , screaming, playing music and in the pool at all hours because 'we are on holiday'.

 

I am not- I live here. This is my home and I expect to live as I would anywhere.

[csabo]

5 hours ago, BobBKK said:

The law is clear and has been for years. No rentals under 30 days it's illegal. My condo enforced this years ago and allows only 3 months + and I voted for it at our AGM. Why?  because I don't want tons strangers in and out, I don't want condo staff used for this, I don't want tons of short stayers in the pool and for security reasons.

Basically you don't want to live in a hotel. I couldn't agree more. Ypur lucky the condo enforces the rule. It's one of the reasons I would never buy a condo here. I wonder if people ever think how they are affecting the buyers market when the don't protect properties by enforcing rules. My first apartment here was beautiful but people would party in the pool until 5 am. I complained and they just shrugged their shoulders. I'll never buy. 

[atyclb]

3 hours ago, JGV said:

No regulation Rich cats will exploit for their own greedy benefit as always

Regulate and control I am sick of these Trump fans always screaming for de-regulation - they are all parasites and should be exterminated

 

lots of non rich non fat cat people have used their life savings to buy a condo as an investment would like some reasonable way to not lose their life savings, these people represent multiple political affiliations.

 

"they are all parasites and should be exterminated" .    maybe time to raise your lithium dose?

[csabo]

5 hours ago, DoctorG said:

Happy to serve ?

Get me an iced tea. 

[xylophone]

1 hour ago, Mattd said:

If it is built as a condo, then it would not matter what the developer has, in any case, it is the property that is registered / licensed, condominium buildings are registered as that, they are not registered as a hotel or guest house.

The definition of a condominium building under Thai law is:

' “condominium” means a building that persons are able to divide ownership in the building in parts where each part comprises ownership in personal property and co-ownership in common property'

So how does a condotel work here in Thailand?

 

Is that a way to get round the short term rent laws?

[Srikcir]

7 hours ago, webfact said:

Illegal short-term holiday rentals, advertised and promoted by online portals like Air BnB, are coming under increasing scrutiny from authorities.

Make that also HomeAway, Booking.com, and VRBO.

https://www.bedroomvillas.com/listing?q=Thailand&device=c&Campaign=1013028918&Adgroup=51448356442&Keyword=%2Bthailand %2Bcondo&utm_source={google}&utm_medium={cpc}&gclid=EAIaIQobChMIxqSa64eW2wIVlxaPCh3xpQHNEAAYBCAAEgKZO_D_BwE

 

 

[Mattd]

13 minutes ago, xylophone said:

So how does a condotel work here in Thailand?

 

Is that a way to get round the short term rent laws?

I am no expert in this field, however, as far as I understand it, a Condotel is a condominium building that is registered as a hotel, it has to be managed by a registered hotel management company and the majority percentage of the owners of the units have to agree for its use as such.

An existing condominium building can be registered, so long as it complies with the regulations, i.e. fire exits, appliances and so on.

[DrTuner]

I have another solution for the plague. Since bib won't act, let the juristic person hire a private guard and equip him with a pitchfork, bowl of tar and feathers. Maybe a whistle too so real residents can join in the tradition of carrying the invaders out strapped on a pole.

 

A few good youtube videos and I reckon the illegals would get the hint. They are not welcome.

[smotherb]

I sure am glad I only rent my condos by the hour.

[samjaidee]

Not just a problem in Thailand.

 

https://www.theguardian.com/world/2018/may/21/eu-blocking-cities-efforts-to-curb-airbnb-say-campaigners

[bkkgriz]

4 hours ago, JGV said:

No regulation Rich cats will exploit for their own greedy benefit as always

Regulate and control I am sick of these Trump fans always screaming for de-regulation - they are all parasites and should be exterminated

Wow, I see TDS (Trump Derangement Syndrome) has reached new heights. <deleted> does Donald Trump have to do with renting out condos on Air BnB? You must be one of those tolerant liberals I hear so much about. Exterminating people for political reasons? Is your best friend Mao or Stalin?

[StevieAus]

5 hours ago, Cadbury said:

Hotels are allowed to sell "short time" rooms so why not  condos?

Because hotels have to pay a tax to the government for each room that is rented out even for one night I suspect the condos do not pay.

[Beggar]

Pretty simple. Renting out condos for less than 30 days is an illegal activity if  there is no hotel license. If it gets on your nerves that so many people staying just some days are allowed to use the condo premises send an email to the management and tell them to stop such illegal business practices and if they refuse they should give you a reason why they don't want to stop it.

[BobBKK]

3 hours ago, gk10002000 said:

Well, an investment property should have rules and regulations and covenants.  Nothing wrong with that.  But that is a lot different than some private person renting out rooms in their house.  And the article(s) keep saying "their rooms".  exactly which rooms are they referring to?  Do private dwelling houses, or blocks of hotel rooms that some foreigners and even Thais have rented at a discount and then sub rent out at a higher rate included?

Ok Let's be specific. You are required to have a Hotel License to rent out rooms below 30 days. Condotels have thought ahead and are usually registered as a Hotel. I doubt anyone is interested in private houses as they don't really compete against hotels as condos do and owners specifically buy condos to rent out. I have several condos and I won't rent them out under a one year lease but I know several owners that do and:

 

1. they use my staff (condo staff) for paperwork, keys, questions, directions and all the rest and pay nothing for this extra service
2. there customers are all over the pool, litter, noisy and generally a pain
3. new security PINs have to be entered into the system
4. Security guards do not know them leading to them ignoring strangers in the condo as there are so many
5. maintenance get called for all sorts of issues the owner should deal with - but they are absent
6. they do not know the building rules and break them  (i.e. non-access areas like rooftops, parking, common area etc.)

 

If you are a condo owner, and are not in business, you will be against short term lettings. If you are an owner who wants to maximize your investment you will argue for short term lettings and you will break the law to do so. I am a condo owner and I stay with the law.

[ttrd]

8 hours ago, BobBKK said:

The law is clear and has been for years. No rentals under 30 days it's illegal. My condo enforced this years ago and allows only 3 months + and I voted for it at our AGM. Why?  because I don't want tons strangers in and out, I don't want condo staff used for this, I don't want tons of short stayers in the pool and for security reasons.

It doesnt seems to be that Clear as when you speak to rental Companies and ask if they have obtained a Hotel License for their Properties the answers are as follows:

 

(1) This rule only applies for condos and not for villas - WRONG, the Law says all type of rooms owned or subrented on a short term (less than 1 month)

 

(2) We have just up to 4 bedrooms and then we are not required to have a Hotel License - WRONG, if you rent out short term means under 1 month at a time you will require a Hotel License. 

 

(3) We have rented the villa Direct from the owner on a long term basis (1-5 yrs) and therefore no need for a Hotel Lisence - WRONG, the owner have his back free BUT the person/comapany that sublease the villa on a short term basis are breaking the Law.

 

When you read the different articles you may get the impression that it only applies for condos as it has for the most been writing about condo cases, but its wrong and when you take a look at the AirBnB site its a huge amount of villas for rent all on a short term basis where the miniority if any have obtained a Hotel License. I will Guess it just a matter of time before it will be a crackdown when it comes to the villas and actually very strange that it has not been done already.

 

The reason the most of the villas do not have obtained a Hotel License is because you will need to meet certain requirements when it comes to safety, space, parking etc which will create extra cost for the person or Company who rent - a cost they may not be so willing to take as when its done it is a real risk that the owner will cancel the rental contract and start renting short term when his/her villa have obtained a Hotel License unless you have a strong contract that can prevent it which means it must be a rental agreement registered at the land Office which the majority of the owners dont want as Income tax will apply...

 

https://www.samuiforsale.com/law-texts/thailand-hotel-act-2004-translation.html

[xylophone]

2 hours ago, BobBKK said:

Condotels have thought ahead and are usually registered as a Hotel.

Just trying to understand this...……..so a building consisting of condominiums can be registered as a hotel, therefore can let rooms on a short stay basis, as in a Condotel?

 

2 hours ago, ttrd said:

2) We have just up to 4 bedrooms and then we are not required to have a Hotel License - WRONG, if you rent out short term means under 1 month at a time you will require a Hotel License

Can't find it now, but did see somewhere on TV where a poster had quoted a section from the hotel act which stated that guest house type accommodation with under 4 rooms did not need to be registered as a hotel?

[BobBKK]

35 minutes ago, xylophone said:

Just trying to understand this...……..so a building consisting of condominiums can be registered as a hotel, therefore can let rooms on a short stay basis, as in a Condotel?

 

Can't find it now, but did see somewhere on TV where a poster had quoted a section from the hotel act which stated that guest house type accommodation with under 4 rooms did not need to be registered as a hotel?

Yes. Usually because some developers kept a large % of rooms for themselves and knew they had to get a 'hotel licence' to let them out under 30 days. A rose by any other name... if they have the licence then they are classed as a hotel and, cleverly actually, called themselves 'Condotel' so they could sell some rooms.

 

[xylophone]

37 minutes ago, BobBKK said:

Yes. Usually because some developers kept a large % of rooms for themselves and knew they had to get a 'hotel licence' to let them out under 30 days. A rose by any other name... if they have the licence then they are classed as a hotel and, cleverly actually, called themselves 'Condotel' so they could sell some rooms.

 

So those establishments can legally let out short stay rooms and nothing other owners can do about it?

[ttrd]

2 hours ago, xylophone said:

Just trying to understand this...……..so a building consisting of condominiums can be registered as a hotel, therefore can let rooms on a short stay basis, as in a Condotel?

 

Can't find it now, but did see somewhere on TV where a poster had quoted a section from the hotel act which stated that guest house type accommodation with under 4 rooms did not need to be registered as a hotel?

A building, a villa or an Apartment up to 4 rooms will not "initially" be considered as a hotel and will not require a hotel License ONLY if rented on a long term basis (1 month or longer). IF rented on a short term basis (daily or weekly - less than 1 month per booking) then a hotel License is required.

 

With other Words - any room in any building rented for the purpose of accommodation on a short term basis (daily or weekly - less than 1 month per booking) will require a hotel License.

 

Hope this gave answer to Your questions.