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Face jail time if you rent out your condo more than 30 days
Phuket condo owners warned ‘holiday rentals’ less than 30 days risks fines and jail time!
PHUKET: The Phuket Provincial Land Office has issued a formal warning to owners, developers and managers of condominiums that renting out their properties on a daily basis is a breach of the Hotel Act that may incur a fine or even jail time.
The notice, issued to all 234 registered condo projects in Phuket – hence affecting all 26,071 legally registered condo units on the island – was signed and issued by by Phuket Land Office Acting Chief Wisith Chokchai on June 9.
The notice reads:
To managers/developers of condominiums,
“Today, 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).
“This 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.”
Mr Wisith told The Phuket News this week, “We want to let developers and owners know that renting out condos on a daily basis is against the Hotel Act and that they must operate their condos in accordance with how their properties are registered in order to avoid legal action.
“This issue may not be easy to tackle because sometimes it is not the developer that provides daily rentals, but the individual condo owners. Regardless, it is for the condo managers and developers to remind owners about this law and tell them that if officials find out (about illegal renting of condos) the owners will face legal action,” he said.
The public warning follows Phuket Vice Governor Chokdee Amornwat on June 3 dispatching the Phuket Land Office a specific order to combat the problem of illegal condo rentals, Mr Wisith explained.
“We were ordered to enforce regulations regarding condominiums across Phuket – owned or operated by Thais and foreigners – and not allow any rentals on a daily basis because it is against the Hotel Act 2004,” he said.
“The order came from Ministry of Interior and the Phuket Provincial Office in an effort to tackle illegal hotels (sic) on the island,” he added.
In a report sent to the provincial office, Mr Wisith explained, “The Land Office is in charge of condo registration. Every condo built in Phuket must be registered as such with the Land Office.
“There are more than 200 condo units in the Phuket Town area that are registered with us which we have sent the notice out to. The Land Office in Thalang has also sent out notices to all the condo units registered their area,” he wrote.
“All developers and the management operators of condominium projects in Phuket Town in Kathu have been warned that renting out rooms on daily basis is considered operating as a hotel.”
Mr Wisith explained to The Phuket News that the problem lies in that if a property is registered with the Land Department as a condo, then it cannot be registered as a hotel.
“And a condo must be operated as a condo, which can be rented out for periods of 30 days or longer – but cannot be rented out on a daily basis,” he said.
Dr Kritsada Tonsakul, who heads the Phuket-based Southern Thailand chapter of the Thai Hotels Association, this week voiced his support for the crackdown.
“These places that rent out on a daily basis without a hotel registration are operating illegally and it is great that officials are starting tackling them now,” he told The Phuket News on Wednesday (June 29).
“If we strictly enforce the Hotel Act and rid the island of all illegal hotel rooms, it will benefit not only the legal hotel businesses, but also greatly benefit Thailand’s, and Phuket’s, tourism industry as well.”
In December, Dr Kritsada led a delegation of tourism and hospitality leaders in filing a petition calling for the government to take action against an estimated 92,000 illegal hotel rooms in Phuket.
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“At least 70 per cent of hotel rooms offered in Phuket are illegal. To make them all legal can take time and some of them simply cannot be registered as a hotel simply because structurally they are not hotels, so they must operate according to their registration,” he said this week.
“If Phuket has only legal hotel rooms available to tourists, rental prices will compete better, maybe even on par with international rates as charged by hotels in other countries. Look at places like Singapore or Bali, their rates and reservations for hotels are increasing because their hotel rooms are legal – they don’t have to compete with illegal hotel rooms rates.”
Bhuritt Maswongssa, Bhuritt Maswongssa, President of the Phuket chapter of the Tourism Council of Thailand (TCT), strongly agreed, and even warned that a tourist-accommodation price war could have a dire effect on Phuket’s tourism industry on the whole.
“If officials who have the power to stop this from happening neglect their duty and allow illegal hotels to exist, then there will be a rental rates issue among the hotel businesses. Competition over rental rates will create a domino effect. Hotels have to cut costs, and this could easily result job losses, a fall in the quality of service and trust in Phuket hotel standards. This would be a disaster for our tourism industry,” he said.
“Phuket has 2,090 hotels offering about 120,000 rooms. Our supply already exceeds demand, putting pressure on hotel prices. If this continues, we are already heading for a disaster,” he added. Phuket property guru Bill Barnett, Managing Director of hospitality consultancy C9 Hotelworks, also condemned the practice of condos being rented out at daily rates.
“The current situation of real estate developers offering guaranteed returns in the absence of obtaining hotel licenses is a blatant abuse of Thailand’s Hotel Act. Government scrutiny in this sector is urgently needed as it undermines trading of legal hospitality operations and goes further into the issues of tax and tourist safety.”
However, while noting that the key issue driving government intervention is the current mandate to increase tax revenues, he added, “That said, the Hotel Act needs to be updated to allow condominiums that do wish to obtain hotel license and villa estates or properties a clearer pathway,as there are a many who are willing to obtain the necessary documentation.”
Phuket Governor Chamroen Tipayapongtada, when announcing earlier this year that “illegal hotels” would be coming under scrutiny, said, “There are so many businesses that provide rooms and board in Phuket operating illegally in contravention of the Hotel Act 2004.
“Businesses such as condominiums, apartments, flats, mansions, guesthouses, homes for rent, rooms for rent, commercial buildings – most of which have been altered or developed into accommodation and rented on a daily basis – are considered a hotel business and hence as illegal hotels.
“Illegal hotels are damaging legally registered hotel operators who have their hotel license. We are also concerned how these affect tourists’ safety, because we don’t have enough security to cover all these places.”
Gov Chamroen added, “We understand that some of these operators are unaware that their business operation contravenes the Hotel Act and they cannot register their business as hotels because they are not hotels
“A hotel business involves many laws, so solving this issue is not easy. The Ministry of Interior is working on this issue. I know the ministry is considering a proposal to allow other types of building to operate as hotel, which is now being considered by their policy committee.
“While we are waiting for the ministry to decide on this, we have to regulate hotel businesses in Phuket by allowing only the legal hotels to operate, and places that did not have a permit to operate as a hotel will have to wait until they are legally registered.
“People operating such illegal hotel businesses with the intention avoiding registering their business will be punished according to the law,” he said.
Read more at http://www.thephuketnews.com/phuket-condo-owners-warned-holiday-rentals-less-than-30-days-risks-fines-jail-time-58095.php#s7AEWXrV3Phl4c2B.99
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Thailand Travel industry Grows faster than ever
A crowded Suvarnabhumi Airport (Bangkok).
On August 15th, 2017, Thai Travel Agents Association (TTAA), located in Bangkok, estimates that the number of Thais traveling overseas will pass the point of 8.5 million by the end of this year. This is looking very promising for Thailands travel industry.
According to TTAA’s president, Suparerk Soorangura, the number of Thai people travelling overseas this year will continue to rise from 7.9 million in 2016.
All of the TTAA’s members are made up of tour companies which are selling holiday packages to destinations overseas.
“The country outbound sector is very positive… wealthy Thais still travel overseas, but the middle-class market is also expanding… the business is very competitive for tourism operators and airlines who have to come up with innovative programs”
Soorangura said: “Japan will continue to be a top destination for Thai travelers, which is expected to reach 1 million this year.”
The Japan National Tourism Organization states that 901,525 of Thais went to Japan in 2016, this number is higher than the year before by 13.2%.
But thats not all…
India is now focusing on low-cost airlines as it will help to increase the amount of Thai travelers arriving to India.
“Taiwan will continue to be the second most popular destination after Japan,” Suparerk notes.
For the past few years the number of Thais traveling to Taiwan has increased from 100,000 to about 350,000. And the visa-free privilege will allow people with Thai and Brunei passports to stay in Taiwan for up to a month.
“Taiwan is more popular due to its visa-free privilege that will remain valid until July next year and more low-cost airlines are operating flights such as NokScoot which encourages Thais to travel.”
One of the main reasons why the Thai outbound market is expanding is because of low-cost airlines, and it stays at around 5 million visits per year for several years now.
Legacy carriers tried to keep fares extremely high as they do not interest in the low-yield leisure group business as in business travel.
“ASEAN travel will be the main focus as Thai travelers are not keen to spend more than three hours on flights as the holidays are shorter, usually just long weekends. This means they can travel to Singapore, Malaysia, Cambodia, Laos, Myanmar, Vietnam and the Philippines if they are Bangkok residents easily.”
For Thai people who lives in smaller cities, the market is held back as it takes around six hours to travel to most destinations in ASEAN, whereas transfers in Bangkok’s two airports are included.
Thailand Travel Industry is looking to be very successful!
Check out our News Page for more great content!
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Digital Nomads Thailand
Bangkok amongst the most popular cities for Digital Nomads Thailand
With more and more jobs today that can be performed from anywhere as long as you have a laptop and an internet connection. The Digital Nomads lifestyle is gaining popularity.
According to the latest ranking of more than 500 Digital Nomads cities around the world Thailand is the absolute top destination for Digital Nomads.
The Ranking is done based on multiple factors such as Cost of Living, Weather, Air Quality, Activities and Safety.
Below is a summary of the ranking of the most popular and largest cities in Thailand.
#1 Chang Mai
#3 Ko Samui
#5 Bangkok
#6 Phuket
For anyone living in Bangkok it would not be a surprise to see Bangkok gets a low score on Air Quality. That even that Bangkok is providing green opportunities
The great thing is that Bangkok and all of the Digital Nomads Thailand favorite cities get
The great thing is that Bangkok and all of the Digital Nomads Thailand favorite cities get top score in Cost of Living.
The Weather is what brought you here the Cost of Living and safety is what will make you never want to leave.
See more from BBC here
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Thailand Property Tax from 2017
Thailand Property tax will be in effect from 2017, according to the Ministry Of Finance
Thailand will introduce a Property tax in 2017 which is estimated to bring in around THB 64 billion THB.
Before panicking check the details provided by the Ministry of Finance
Of biggest concern to the general public, is the private residence property tax. But as you can see form the released chart. ONly first homes of a value above THB 50mill will be impacted.
According to information from the Ministry of Finance 99.9% of all residences nationwide will be free from the tax and less than 10.000 residencies will be taxable.
Read more here
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Website Disclaimer
The information contained in this website is for general information purposes only. The information is provided by HomeInBangkok and while we endeavor to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.
Through this website you are able to link to other websites which are not under the control of HomeInBangkok. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.
Every effort is made to keep the website up and running smoothly. However, HomeInBangkok takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.
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5 year VIP visa, too good to be true?
Recently there has been several announcements in the me
5 year unlimited multientry VIP visa
All you have to do is to buy a property from a specifc property developer. Too good to be true?
The VISA is real and it is valid as promised. what the advert do not say is that the VISA is also available without buying a property.
In fact the VISA is offered by the Thai Elite card. A exclusive membership club that offers a number of privileges. Read more..
So do not get yourself fooled into buying a property with the purpose to get a VISA.
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EmQuartier
The Emquartier is a extension to the well known and famous Emporium shopping mall located on Sukhumvit road soi 24. The extension section to the mall opened in 2015 and is owned and operated by The Mall Group who also own and operate the Siam Paragon shopping mall.
Click here for homes in the Phrom Phong area
The mall located opposite Emporium and connected directly to the Phrom Phong BTS by and the Emporium Mall via a footbridge.
The Emquartier facility includes some quite unique features such as a large outdoor waterfall and a overflow of Restaurant and food options. This part of the Emporium complex is the place to go if you are in search of food.
Click here for more Bangkok shopping options
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