Thai government announces hotel license amnesty

[rooster59]

Thai government announces hotel license amnesty

By Bill Barnett

 

 

In a significant move by Thailand’s government, a hotel licensing amnesty program has been announced on a nationwide basis. Clearly pressure by hotel owners amidst an large-scale influx of non-licensed accommodation has spurred the action.

 

Leading international legal advisors Baker McKenzie Thailand have issued an information alert on the program which we are publishing in full, as follows:

 

“Thailand’s National Council for Peace and Order (NCPO) issued Order No. 6/2562 on 12 June 2019, to temporarily suspend the enforcement of town planning and local building control regulations on certain buildings that are used for hotel business operations. The order also grants amnesty to hotel operators who have not been in compliance with these regulations and hotel laws in the past.

 

Temporary suspension

The suspension is effective from 12 June 2019 to 18 August 2021. It places a hold on the enforcement of town planning regulations and local building control regulations (e.g. those prescribed by municipalities and sub-district administrative organizations) on buildings that were built before 19 August 2016, and are being operated as hotels without meeting/function rooms.

 

Amnesty

Certain types of hotel operators can be released from criminal liability that would otherwise have resulted from non-compliance with the town planning, building control, and hotel laws. To avail this, building owners who have been operating their property as a hotel prior to 12 June 2019 need to notify the local authority of any of the following non-compliant practices:

 

 

Once the local authority has been notified, owners will be given the opportunity to take the necessary measures to improve the current conditions of the buildings to meet the requirements set by the NCPO order. This includes measures such as improving the building’s fire safety system.

 

The notification and the building improvement of fire safety systems must be completed within 90 days from the date of the NCPO order (i.e. by 9 September 2019). Hotel operators, who notify the local authority of their non-compliant practices and complete their building improvements of their fire safety system within such 90-day period, will be exempted from complying with the town planning regulations and from the criminal liabilities for their past non-compliance.

 

The Minister of Interior has yet to prescribe detailed criteria, procedures, and conditions on this matter. Hotel operators are urged to closely monitor relevant regulations as it paves way for hotel operators to ensure compliance with the town planning regulations, without being subject to penalties, and enjoy continued business operations. However, as the time for seeking this amnesty is limited to only 90 days, hotel operators should take necessary steps and actions to improve its fire safety measures as soon as possible.”

 

The recent action by the government has been broadly welcomed in Thailand’s hospitality sector and deemed so be a much needed initiative.

 

To read the official Baker McKenzie Alert click HERE. For hotel  developers and owners seeking advice in this manner, we strongly suggest obtaining professional legal advice.

 

Source: https://thethaiger.com/hot-news/tourism/thai-government-announces-hotel-license-amnesty

 

-- © Copyright The Thaiger 2019-06-27

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[Chang_paarp]

Looks like another gymnastic display by the authorities, backflip and double pike, let's see how the landing goes.

[yokat]

Hide it under the rug and expect people to have forgotten 2 years from now ?

[ezzra]

Illegal hotels are illegal because they don't want or can not comply with standard safety measures and building violation codes, by declaring amnesty it's to say Yes, you can continue as you are and if and when a disaster will happen, will cross that bridge when we get to it, but for now, continue to operate in clear violations of safety regulations...  

[canopus1969]

Had to happen - was causing too many problems for the Generals & Police families who own illegal hotels

[darksidedog]

There goes all attention to safety across the country's hotels for the next two years then. Even those who tend to safety currently will let standards slip. I wonder how many lives this decision will end up costing? Money and convenience always seem to be more important than injury and death here.

[PatOngo]

I can't wait for the TAT announcement informing the millions of tourists that their chances of staying in a substandard/illegal hotel are very real. This is a national scandal! Is there no shame whatsoever?

[BobBKK]

Too many owned by Junta Fans. Thais don't care about principles and ethics just money, money, money.

[Phuketshrew]

So if they can continue to be illegal then there will be no liability insurance. Just who will show any responsibility when the next disaster occurs, which is now much more likely?

 

Foreign governments need to issue a travel advisory.

[PatOngo]

I would love to hear comments from Trivago, Booking.com, Expedia, TripAdvisor etc. as they will be selling these rooms to tourists!

Edited June 27, 2019 by PatOngo

[SABloke]

So the NCPO which should be in caretaker mode, issues an amnesty that will affect legal proceedings for the next 2 years. No wonder Prayuth is dragging his feet in forming a government - things will take time when you actually have to debate them in parliament.????

[fforest1]

People open your eyes......They want the cheap hotels gone PERIOD that is all this is about and nothing more....

 

This whole thing is similar now to fishing....Some times you have to pull back and let the line out to hook the fish....

 

The fire extinguishers are a strawman....Every one would agree that hotels need to have fire extinguishers that is just common sense..So pretty much 100% of all people support forcing hotels to be registered with the authorities and have fire extinguishers.....

 

Hell look at all the posts here people are angry that they are being given 2 years to comply.....And yes it is a joke when fire extinguishers could be installed in a few days.....

 

But this outrage is the exact reaction the powers that be want...

They want all people to get behind the hotel licencing act...

But unfortunately for the hotel owners the fire extinguishers are just a small part of the many many many many other requirements that must be met to get a hotel licence.....And all these many many many requirements will be putting them out of business...

 

But  now they are just hooking the fish/hotel owners with a baby step of fire extinguishers and registration .....Later they move in for the kill...

 

 

[GeorgeCross]

12 minutes ago, fforest1 said:

People open your eyes......They want the cheap hotels gone PERIOD that is all this is about and nothing more....

 

This whole thing is similar now to fishing....Some times you have to pull back and let the line out to hook the fish....

 

The fire extinguishers are a strawman....Every one would agree that hotels need to have fire extinguishers that is just common sense..So pretty much 100% of all people support forcing hotels to be registered with the authorities and have fire extinguishers.....

 

Hell look at all the posts here people are angry that they are being given 2 years to comply.....And yes it is a joke when fire extinguishers could be installed in a few days.....

 

But this outrage is the exact reaction the powers that be want...

They want all people to get behind the hotel licencing act...

But unfortunately for the hotel owners the fire extinguishers are just a small part of the many many many many other requirements that must be met to get a hotel licence.....And all these many many many requirements will be putting them out of business...

 

But  now they are just hooking the fish/hotel owners with a baby step of fire extinguishers and registration .....Later they move in for the kill...

 

 

 

yeah i agree the outrage will get them behind it quick - but they'll drop it like a hot stone in a sauna once they find out they can't book 'best hotel' in khao yai for 600baht a night anymore 

 

 

[PatOngo]

16 minutes ago, fforest1 said:

.....Later they move in for the kill...

Should'nt that read swill!

[Matzzon]

1 hour ago, rooster59 said:

In a significant move by Thailand’s government, a hotel licensing amnesty program has been announced on a nationwide basis

Out of the reason that the problem is far to big to handle. That would include a lot of work that nobody wants to do, loss of protection money and more administrative costs.

Much better to announce this program in the hope that we all can forget what is going on for another decade or two.

[GeorgeCross]

3 minutes ago, Matzzon said:

Out of the reason that the problem is far to big to handle. That would include a lot of work that nobody wants to do, loss of protection money and more administrative costs.

Much better to announce this program in the hope that we all can forget what is going on for another decade or two.

 

i look forward to the coming parades around pattaya by 200 officials who cannot find a single illegal hotel and insuring tourist safety, about 2 years from now!

 

 

[jerry921]

In another thread on here someone opined that many hotels in Thailand didn't have the proper hotel licenses because the various local issuing authorities had turned the process into a tea-money gusher and would drag applications out for years unless payments were made in the millions of bahts. 

 

If that other poster is correct, an amnesty on enforcement doesn't do anything to correct the corruption of the licensing authorities.

[scottiejohn]

3 hours ago, rooster59 said:

improvement of fire safety systems must be completed within 90 days from the date of the NCPO order (i.e. by 9 September 2019)

In other word they have less than six months to modify/install correct fire safety systems in their premises which they probably cannot/could not do due to the nature of the present building.

Ain't going to happen in that timescale!

[Classic Ray]

Does this exemption also apply to AirBnB owners/operators? Are they any more illegal than an unlicensed hotel?

[MartinKal]

I should thing the boating accidents have taught evetyone how expensive it can be to sidestep safety.

Can you imagine if a fire breaks out in any of the low rise wooden converteds and the deadline reads "Authorities get a roasting over unplanned chinese cremations"?

This infrastructure upgrade could be sequenced over low-season and the result would raise quality and price.

RFI - what is the definition of a hotel? 

Edited June 27, 2019 by MartinKal
Correction typo

[Reigntax]

3 hours ago, fforest1 said:

People open your eyes......They want the cheap hotels gone PERIOD that is all this is about and nothing more....

 

This whole thing is similar now to fishing....Some times you have to pull back and let the line out to hook the fish....

 

The fire extinguishers are a strawman....Every one would agree that hotels need to have fire extinguishers that is just common sense..So pretty much 100% of all people support forcing hotels to be registered with the authorities and have fire extinguishers.....

 

Hell look at all the posts here people are angry that they are being given 2 years to comply.....And yes it is a joke when fire extinguishers could be installed in a few days.....

 

But this outrage is the exact reaction the powers that be want...

They want all people to get behind the hotel licencing act...

But unfortunately for the hotel owners the fire extinguishers are just a small part of the many many many many other requirements that must be met to get a hotel licence.....And all these many many many requirements will be putting them out of business...

 

But  now they are just hooking the fish/hotel owners with a baby step of fire extinguishers and registration .....Later they move in for the kill...

 

 

It's more than fire extinguishers. Fire standards would require installation of both passive and active systems and construction providing acceptable fire rating and compartmental separation.

 

Extuingishers are just a first response tool for minor fires.

[PETERTHEEATER]

4 hours ago, canopus1969 said:

Had to happen - was causing too many problems for the Generals & Police families who own illegal hotels

Ooooh! Go wash your mouth out????

[Felt 35]

5 hours ago, rooster59 said:

Clearly pressure by hotel owners amidst an large-scale influx of non-licensed accommodation has spurred the action.

 

Oh well, many long timers here have seen laws and rules changing in periods when things not went the trumpet way and in this case I think the TAT boss gave the answer yesterday to this backtracking....more to come

Edited June 27, 2019 by Felt 35

[PatOngo]

5 hours ago, yokat said:

Hide it under the rug and expect people to have forgotten 2 years from now ?

2 years? It will be forgotten after lunch, that's when thoughts turn to what's for dinner.

[CharlieH]

Post with CAPS removed.

[ChipButty]

If they are looking to bring it upto British fire regulations for a Hotel then they've got a lot of work to do I have stayed in fair few hotels around Thailand in my time here it just doesn't stop at fire extinguishers the list is endless I always familiarize myself with the fire exits when staying in a hotel the doors opening the wrong way I've seen many locked, no panic bars on the doors.

Not to mention 1 hour fire retardant materials to be used to stop the spread of fire.

In England the fire brigade are the ones who go around inspecting buildings

[madmitch]

It's quite a confusing article. I read it that fire safety standards still have to be met by 9th September 2019. There doesn't appear to be an amnesty on this. But if you're operating a hotel in a building that wasn't originally built as to acceptable hotel standards or one that has been significantly modified then you need to report this in order to take advantage of the amnesty.

 

Does anyone else read it this way?

[LomSak27]

20 hours ago, fforest1 said:

People open your eyes......They want the cheap hotels gone PERIOD that is all this is about and nothing more....

 

This whole thing is similar now to fishing....Some times you have to pull back and let the line out to hook the fish....

 

The fire extinguishers are a strawman....Every one would agree that hotels need to have fire extinguishers that is just common sense..So pretty much 100% of all people support forcing hotels to be registered with the authorities and have fire extinguishers.....

 

Hell look at all the posts here people are angry that they are being given 2 years to comply.....And yes it is a joke when fire extinguishers could be installed in a few days.....

 

But this outrage is the exact reaction the powers that be want...

They want all people to get behind the hotel licencing act...

But unfortunately for the hotel owners the fire extinguishers are just a small part of the many many many many other requirements that must be met to get a hotel licence.....And all these many many many requirements will be putting them out of business...

 

But  now they are just hooking the fish/hotel owners with a baby step of fire extinguishers and registration .....Later they move in for the kill...

 

Thanks for putting it up. I assumed that the real reason was the hotel glut. The new hotel owners want the field thinned.  What better way than claim ; "its Safety"  .... we care about your safety.                          Right

 

Even after years in Thailand, hooking the retired/expats crowd, is as easy as ever. Fish on!

[Thailand]

18 hours ago, Classic Ray said:

Does this exemption also apply to AirBnB owners/operators? Are they any more illegal than an unlicensed hotel?

Very few AirBNB operations are legal even though they can be with licenses and complying with regulations. A clampdown there would see massive prosecutions ( or financial opportunities for the officials) particularly in the Chinese community where the response to operating legally is my friend does it so it is OK. Mostly in houses they rent and on tourist or education visas.

[Yinn]

21 hours ago, ezzra said:

Illegal hotels are illegal because they don't want or can not comply with standard safety measures and building violation codes, 

Not the reason.

Owner don’t want there hotel to burn and the customer die.

 

1)The rules are crazy. Impossible.

2) And owner don’t want to give money to the government for doing nothing. 

 

 

21 hours ago, darksidedog said:

 I wonder how many lives this decision will end up costing? Money and convenience always seem to be more important than injury and death here.

20,000 + hotel don’t have the license. How many people die? None?

A license can’t extinguished the fire. Is paper.

 

1. They do it so “official” can get more black money.

2. And to help rich friend with the big hotel.

 

I think should have safety sure. But the rule not only about that. 

 

I think small hotel, the owner there, better service care more about safety. Love the customer. Love her hotel.

 

Big hotel, is owner not here, only the worker, not care so much. Love the money.