Licensing & Compliance

Yes, in Thailand, you generally need to register your property to operate an Airbnb for short-term rentals (less than 30 days) to comply with the Hotel Act of 2004 and the 2008 Ministerial Regulation (amended 2023). Registration requirements depend on the property type (private house or condominium) and whether you qualify for exemptions. Long-term rentals (30 days or more) are exempt from these requirements but still have other obligations. Below is a concise explanation, summarized in two short paragraphs as per your preference.

For short-term rentals, properties must be registered with local authorities, such as the Department of Provincial Administration (DOPA) in Bangkok or district offices elsewhere, to obtain a hotel license or a non-hotel license if eligible for an exemption (8 or fewer rooms, 30 or fewer guests, supplemental income). Private houses and villas are more likely to qualify for the non-hotel license, making registration simpler, especially in tourist areas like Phuket or Koh Samui. Condominiums face additional hurdles, as most ban short-term rentals under juristic person rules, requiring explicit management approval even if registered.

For licensing clarity and support for applications, learn more here. 

To operate a short-term Airbnb rental (less than 30 days) in Thailand legally, you need to apply for a hotel license or a non-hotel license under the Hotel Act of 2004 and the 2008 Ministerial Regulation (amended 2023), depending on your property’s eligibility for exemptions. The required documents for these licenses vary slightly based on whether your property (private house or condominium) qualifies for the non-hotel license (8 or fewer rooms, 30 or fewer guests, supplemental income) and the local authority processing the application (e.g., Department of Provincial Administration (DOPA) in Bangkok or district offices elsewhere). Below is a concise summary of the documents needed, presented in two short paragraphs as per your preference for brevity.

For a hotel license, which is required for larger properties or those not qualifying for exemptions, you typically need: 1) A copy of the property owner’s ID card (for Thai citizens) or passport and work permit (for foreigners); 2) The house registration document (Tabien Baan) for the property; 3) The title deed (Chanote) or condominium ownership document; 4) A building permit or proof of compliance with the Building Control Act (e.g., fire safety, structural certifications); 5) A floor plan showing rooms, exits, and safety features; 6) A business license application form from the local authority; 7) Proof of tax registration (e.g., VAT registration if revenue exceeds THB 1.8 million); and 8) A letter of consent from the condominium juristic person (for condos, if short-term rentals are allowed). Additional documents, like parking plans or environmental permits, may be required for larger properties.

For a non-hotel license, applicable to smaller properties under the exemption, the requirements are simpler but similar: 1) Owner’s ID card or passport/work permit; 2) Tabien Baan and title deed or condo ownership document; 3) A floor plan indicating 8 or fewer rooms and capacity for 30 or fewer guests; 4) A registration form from the local district office or DOPA; 5) Proof of compliance with safety standards (e.g., fire extinguishers, sanitation, per the Public Health Act); 6) A statement of supplemental income (to confirm rental income isn’t primary); and 7) For condos, a juristic person approval letter, though most condos ban short-term rentals, making this rare.

For licensing clarity and support for applications, learn more here. 

Foreign owners operating an Airbnb business in Thailand face specific requirements due to property ownership restrictions and regulations under the Hotel Act of 2004, 2008 Ministerial Regulation (amended 2023), and other laws. Foreigners can own condominiums outright (up to 49% of a building’s unit area) but cannot directly own private houses or land, requiring a Thai company (51% Thai-owned, 49% foreign-owned) or lease structure for houses. Both short-term (less than 30 days) and long-term rentals involve licensing, tax, and immigration compliance, with additional considerations for foreigners managing operations. Below is a concise summary of the requirements, presented in two short paragraphs as per your preference.

For short-term rentals, foreign owners must register their property (condo or house) with local authorities (e.g., Department of Provincial Administration in Bangkok or district offices) to obtain a hotel license or, if eligible (8 or fewer rooms, 30 or fewer guests, supplemental income), a non-hotel license. Condominiums often prohibit short-term rentals under juristic person rules, requiring explicit approval, while houses owned via a Thai company or 30-year lease are more feasible for non-hotel licenses. Foreigners need a work permit to manage rentals directly (e.g., check-ins, cleaning), per the Alien Working Act of 2008, or must hire a Thai company/property management firm to avoid this (fines: THB 5,000–50,000, possible deportation). They must also comply with TM30 immigration reporting (within 24 hours for foreign guests, fines up to THB 1,600) and declare rental income for personal income tax (0–35%) or corporate income tax (20%, via Thai company), with VAT (7%) if revenue exceeds THB 1.8 million (penalties for non-compliance: 100–200% of unpaid taxes, up to 7 years imprisonment).

For condominium ownership, foreigners must provide a Foreign Exchange Transaction Form (FETF) to prove funds were transferred legally and register ownership with the Land Department. For private houses, a Thai company (51% Thai-owned) requires: 1) Articles of Association, 2) List of shareholders (ensuring 51% Thai ownership), 3) Company registration with the Department of Business Development, and 4) Land purchase documentation, ensuring compliance with the Foreign Business Act of 1999 to avoid nominee structure violations (fines, dissolution).

If you are concerned about compliance, please schedule a complimentary call with our team to discuss your specific situation.

As an Airbnb host in Thailand, you take on several responsibilities—and potential risks—related to guest safety, property damage and legal compliance. If these aren’t properly managed, they can lead to fines, legal issues or financial loss.

Guest Safety
You’re responsible for making sure your property is safe. This includes working utilities, secure locks, and no obvious hazards like exposed wires or slippery floors. If a guest is injured during their stay, you could be held liable.

Property Damage
Guests might damage furniture or fittings, either accidentally or deliberately. Airbnb offers AirCover, which includes up to $3 million USD in damage protection, but this is subject to conditions and may not cover everything. It’s wise to have your own short-term rental insurance from a local provider, such as Thai Pao, to fill any gaps.

Neighbour and Building Complaints
Short-term rentals in condos can be controversial. Many buildings have rules against them, set by the juristic person (the condo’s management committee). Hosting without permission can lead to fines or legal action. In standalone houses, local laws may also apply.

Legal Compliance
You must follow Thai regulations, including:

• Registering your property under the Hotel Act 2004 if you’re operating as a short-term rental

• Submitting TM30 reports within 24 hours of a foreign guest’s arrival

• Paying income tax on your rental earnings

• Registering for VAT if your income exceeds 1.8 million THB per year

Failure to meet these requirements can result in penalties or further legal issues.