BestB Posted June 17, 2018 Share Posted June 17, 2018 Just now, BobBKK said: If you do have a WP that is one requirement off the long list of things you need well done! now go get a license as it's the law. Not possible to get a license , as I explained even if by miracle and large donations building complied with new regulations , then there is building approval, distance from the road and other buildings Link to comment Share on other sites More sharing options...
BobBKK Posted June 17, 2018 Share Posted June 17, 2018 11 minutes ago, BestB said: Not every “hotel” was built by its original owner. many of not most small buildings were converted into a business at a later date with building approvals at the time. just like people do not build restaurants , they convert premises into one You would buy a restaurant without checking the documentation? or a car? that's one approach but not one most of us would recommend. The basic fact is you have opened a small hotel without the required license same as driving a car without a license. Link to comment Share on other sites More sharing options...
heybruce Posted June 17, 2018 Author Share Posted June 17, 2018 2 minutes ago, cmsally said: That is actually not correct, if you persevered enough, you could get one ( a hotel license that is). Perhaps that's true. But how many people will fight Thai bureaucracy in order to get a license the bureaucrats told them was unavailable and unnecessary? Link to comment Share on other sites More sharing options...
Peterw42 Posted June 17, 2018 Share Posted June 17, 2018 3 minutes ago, BestB said: I believe there are only 300 hotel licenses nationwide. also keep in mind if you built one 10, even 5 years ago , there was nothing to stop a building or a condo to be built next to you making your premises in breach of the new regulations I cant help but think of some of the places in Bangkok were floors 1-10 is a well known hotel and floors 11-20 is a condo. Opens a can of worms. Link to comment Share on other sites More sharing options...
BobBKK Posted June 17, 2018 Share Posted June 17, 2018 Just now, BestB said: Not possible to get a license , as I explained even if by miracle and large donations building complied with new regulations , then there is building approval, distance from the road and other buildings If you can't get one, and I'm trying to supportive here, then don't even think of having a guest house. I'm sorry, and even more sorry for your terrible jail experience, but now you know. Link to comment Share on other sites More sharing options...
BestB Posted June 17, 2018 Share Posted June 17, 2018 Just now, BobBKK said: You would buy a restaurant without checking the documentation? or a car? that's one approach but not one most of us would recommend. The basic fact is you have opened a small hotel without the required license same as driving a car without a license. There was nothing to check previously . Getting room for rent license is all that was required. What was there to check? If building complied with regulations that would be introduced in 30 years? Link to comment Share on other sites More sharing options...
BestB Posted June 17, 2018 Share Posted June 17, 2018 Just now, BobBKK said: If you can't get one, and I'm trying to supportive here, then don't even think of having a guest house. I'm sorry, and even more sorry for your terrible jail experience, but now you know. if I was the only one, I would put my tail between my legs and walk but I am not. It’s into thousands already and keeps adding on weekly basis and all are in the same boat. Link to comment Share on other sites More sharing options...
heybruce Posted June 17, 2018 Author Share Posted June 17, 2018 3 minutes ago, BobBKK said: You would buy a restaurant without checking the documentation? or a car? that's one approach but not one most of us would recommend. The basic fact is you have opened a small hotel without the required license same as driving a car without a license. Do you live in Thailand? There are laws against everything, most which are not enforced. If you attempted to make absolutely certain you were doing everything legally, you'd spend to rest of your life researching laws few Thais know about and none follow. Link to comment Share on other sites More sharing options...
BobBKK Posted June 17, 2018 Share Posted June 17, 2018 Just now, BestB said: There was nothing to check previously . Getting room for rent license is all that was required. What was there to check? If building complied with regulations that would be introduced in 30 years? I assume your place was under so many rooms (I forget how many it is) and did not qualify for the under 30 days rule? if so that is very bad luck but I don't think you can win this one Thailand has it's own rules and makes them up whenever it wants just look at the present government and Section 44. Link to comment Share on other sites More sharing options...
Peterw42 Posted June 17, 2018 Share Posted June 17, 2018 4 minutes ago, BestB said: There was nothing to check previously . Getting room for rent license is all that was required. What was there to check? If building complied with regulations that would be introduced in 30 years? Was there any sort of "notice to comply", warning, grace period, when the legislation came about in 2016 ? Link to comment Share on other sites More sharing options...
BestB Posted June 17, 2018 Share Posted June 17, 2018 1 minute ago, BobBKK said: I assume your place was under so many rooms (I forget how many it is) and did not qualify for the under 30 days rule? if so that is very bad luck but I don't think you can win this one Thailand has it's own rules and makes them up whenever it wants just look at the present government and Section 44. It’s not about the number of rooms any longer, it is now about number of staircases , sprinkles, green zones, parking, distance from the road and distance from other buildings just to name a few. Link to comment Share on other sites More sharing options...
BobBKK Posted June 17, 2018 Share Posted June 17, 2018 Just now, heybruce said: Do you live in Thailand? There are laws against everything, most which are not enforced. If you attempted to make absolutely certain you were doing everything legally, you'd spend to rest of your life researching laws few Thais know about and none follow. Are you being facetious? I already mentioned I own and have owned many condos here and I know the law and comply with it. No under 30 day rentals without a hotel license is NOT a new law which is why clever condos get a license and call themselves 'condotels'. This guest house thing is something new in the sense they were never classed as a hotel. I thought below a certain number of rooms was the benchmark. Link to comment Share on other sites More sharing options...
BestB Posted June 17, 2018 Share Posted June 17, 2018 1 minute ago, Peterw42 said: Was there any sort of "notice to comply", warning, grace period, when the legislation came about in 2016 ? Personally I did not receive any, just renewed rooms for rent 2 months ago . Some say it suppose to come into effect in 2021, some say in August Link to comment Share on other sites More sharing options...
cmsally Posted June 17, 2018 Share Posted June 17, 2018 4 minutes ago, BestB said: Personally I did not receive any, just renewed rooms for rent 2 months ago . Some say it suppose to come into effect in 2021, some say in August Operating a Hotel Business New regulations According to this you have a 2 yr grace period to make alterations that could be necessary. This would make the cut off date Aug '18 There is a 5 yr period mentioned but you would be stuck if you needed to alter your building. Link to comment Share on other sites More sharing options...
BestB Posted June 17, 2018 Share Posted June 17, 2018 2 minutes ago, cmsally said: Operating a Hotel Business New regulations According to this you have a 2 yr grace period to make alterations that could be necessary. This would make the cut off date Aug '18 There is a 5 yr period mentioned but you would be stuck if you needed to alter your building. As much as I would love to alter the building, I am incapable of moving the road away from the building or building away from the road , just as hard as moving newly built buildings away from mine??? Link to comment Share on other sites More sharing options...
cmsally Posted June 17, 2018 Share Posted June 17, 2018 I have removed some off topic personal posts and their replies. Maybe try and keep the discussion on topic and not resort to insulting each other. Link to comment Share on other sites More sharing options...
BestB Posted June 17, 2018 Share Posted June 17, 2018 Cm sally, you have to see the irony here with the new regulations. do daily guests require more security and green space than long term residents? Or daily guest safety is more important than the long term resident? so for daily rent building must be away from the road due to say fumes and traffic but long term residents can suffocate???? Link to comment Share on other sites More sharing options...
heybruce Posted June 17, 2018 Author Share Posted June 17, 2018 14 minutes ago, BobBKK said: Are you being facetious? I already mentioned I own and have owned many condos here and I know the law and comply with it. No under 30 day rentals without a hotel license is NOT a new law which is why clever condos get a license and call themselves 'condotels'. This guest house thing is something new in the sense they were never classed as a hotel. I thought below a certain number of rooms was the benchmark. So you researched the laws on owning condos. If you rent any of them I assume you have a Thai partner and do all the other BS required. Guesthouses have been allowed to operate without licenses for so long everyone assumed it was legal Most of the people caught in this mess are Thai, not foreigners. If the Thai businesses owners had no idea they were operating illegally, you know the fault lies not with the business owners but with arbitrary actions by the government. Link to comment Share on other sites More sharing options...
BobBKK Posted June 17, 2018 Share Posted June 17, 2018 Just now, heybruce said: So you researched the laws on owning condos. If you rent any of them I assume you have a Thai partner and do all the other BS required. Guesthouses have been allowed to operate without licenses for so long everyone assumed it was legal Most of the people caught in this mess are Thai, not foreigners. If the Thai businesses owners had no idea they were operating illegally, you know the fault lies not with the business owners but with arbitrary actions by the government. Yes I rent them out on 12 month contracts and researched thoroughly the Condo Act, Juristic responsibilities and served on several condo committees. However, most of that does not apply here in this debate and I fully agree that this is depressing and distressing for those involved. Link to comment Share on other sites More sharing options...
MekkOne Posted June 17, 2018 Share Posted June 17, 2018 19 minutes ago, cmsally said: Operating a Hotel Business New regulations According to this you have a 2 yr grace period to make alterations that could be necessary. This would make the cut off date Aug '18 There is a 5 yr period mentioned but you would be stuck if you needed to alter your building. Is always popping up this legal website as some other are saying different things, and are even more recent... Link to comment Share on other sites More sharing options...
cmsally Posted June 17, 2018 Share Posted June 17, 2018 18 minutes ago, BestB said: Cm sally, you have to see the irony here with the new regulations. do daily guests require more security and green space than long term residents? Or daily guest safety is more important than the long term resident? so for daily rent building must be away from the road due to say fumes and traffic but long term residents can suffocate???? Hmmmm , maybe a case of people on shorter stays paying more so they get nicer surroundings and less traffic fumes etc. The long term renter comes a bit further down the ladder. Honestly I don't know if there is an ounce of logic behind this. It reminds me of one of those automatic message systems where you spend ages getting through the various multi choice questions and then suddenly you need a 9 digit number to punch in and you only have a 6 digit number or a 10 digit number! Link to comment Share on other sites More sharing options...
FritsSikkink Posted June 17, 2018 Share Posted June 17, 2018 https://pugnatorius.com/hotel-license/ Link to comment Share on other sites More sharing options...
FritsSikkink Posted June 17, 2018 Share Posted June 17, 2018 34 minutes ago, BestB said: Cm sally, you have to see the irony here with the new regulations. do daily guests require more security and green space than long term residents? Or daily guest safety is more important than the long term resident? so for daily rent building must be away from the road due to say fumes and traffic but long term residents can suffocate???? The regulations have been there for years, only nobody cared and it wasn't enforced. Link to comment Share on other sites More sharing options...
BestB Posted June 17, 2018 Share Posted June 17, 2018 18 minutes ago, FritsSikkink said: The regulations have been there for years, only nobody cared and it wasn't enforced. Not for smaller operators . Hence the new regs in 2016, about the time P Prayut started to run the country? Link to comment Share on other sites More sharing options...
BestB Posted June 17, 2018 Share Posted June 17, 2018 22 minutes ago, FritsSikkink said: https://pugnatorius.com/hotel-license/ I Can post another 10 links to law firms offering the service , seen any of them give any guarantees? Something like no license no fees? Or no payment until reveived?? Link to comment Share on other sites More sharing options...
JAZZDOG Posted June 17, 2018 Share Posted June 17, 2018 1 hour ago, BestB said: As much as I would love to alter the building, I am incapable of moving the road away from the building or building away from the road , just as hard as moving newly built buildings away from mine??? I must be missing something. If as you state and I believe to be accurate, there are only 300 legally permitted hotels in the country that means the balance of ALL hotels, GH etc are in non-compliance and must start from scratch? Link to comment Share on other sites More sharing options...
BestB Posted June 17, 2018 Share Posted June 17, 2018 Just now, JAZZDOG said: I must be missing something. If as you state and I believe to be accurate, there are only 300 legally permitted hotels in the country that means the balance of ALL hotels, GH etc are in non-compliance and must start from scratch? Yes, why do you think so many are raided on daily basis and most are somewhat large. will not name names but one I was locked up with had 133 rooms and another had a chain of 5 hotels each with about 80 rooms Link to comment Share on other sites More sharing options...
JAZZDOG Posted June 17, 2018 Share Posted June 17, 2018 1 minute ago, BestB said: Yes, why do you think so many are raided on daily basis and most are somewhat large. will not name names but one I was locked up with had 133 rooms and another had a chain of 5 hotels each with about 80 rooms 33,000,000 tourist / 300 hotels = 111,000 per hotel, Good work TAT Link to comment Share on other sites More sharing options...
BestB Posted June 17, 2018 Share Posted June 17, 2018 4 minutes ago, JAZZDOG said: 33,000,000 tourist / 300 hotels = 111,000 per hotel, Good work TAT If they keep this up, it would be 3.3 million tourists not 33 and those 3.3 will need to bid for a room? Link to comment Share on other sites More sharing options...
JAZZDOG Posted June 17, 2018 Share Posted June 17, 2018 1 hour ago, BobBKK said: Yes I rent them out on 12 month contracts and researched thoroughly the Condo Act, Juristic responsibilities and served on several condo committees. However, most of that does not apply here in this debate and I fully agree that this is depressing and distressing for those involved. You don't have a work permit do you? Are you making a profit, signing leases, documents. Are you involved with more than one rental? What type visa? What you gonna do when they come for you. Link to comment Share on other sites More sharing options...
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