Is renting a condo by the night actually illegal in Thailand?
It is, and not merely against the building's by-laws. Providing temporary accommodation to travellers for payment falls within the definition of a hotel under the Hotel Act B.E. 2547, and operating a hotel business without a licence carries imprisonment of up to one year or a fine of up to THB 20,000 or both, plus a further fine of up to THB 10,000 per day for as long as the violation continues, under Section 59.
The figure that makes this different from an ordinary fine is the daily one, because it keeps running for every day the letting continues rather than settling at a single amount.
Many owners assume the law is aimed at real hotels. It is aimed at the nature of the service, not the size of the operation.
One unit can breach it too, unless all five conditions are met
The ministerial regulation treats accommodation as not being a hotel only when every condition is satisfied, not just one of them, as the Department of Provincial Administration sets out in its published material on the hotel law.
- Not more than four rooms, whether in one building or several buildings combined.
- Not more than twenty guests in total.
- Established to provide temporary accommodation to travellers or other persons for payment.
- Operated as a supplementary-income business.
- Already notified to the registrar.
The last condition is the one people miss. Owning a single unit does not create an automatic exemption; without notifying the registrar it is still operating a hotel business without a licence.
The fourth condition rules out the full-time operation by itself. An owner who has bought several units to let nightly as a main source of income does not qualify from the start.
The Condominium Act blocks it on a second front
Section 17/1 of the Condominium Act B.E. 2522 prohibits anyone from carrying on trade in a condominium except in an area set aside for trade, and that area must have its own access arrangements so it does not disturb the ordinary peaceful living of the co-owners.
A residential unit is not an area set aside for trade. Opening a residential unit to a rotation of strangers therefore runs into both the hotel law and the condominium law at once.
For the other co-owners the sharper issue is security. The faces holding an access card change every week, while the building's security was designed on the assumption that the residents are a stable group.
The safe line is a monthly lease
Letting a home on a monthly basis is not the provision of temporary accommodation to travellers, so it does not meet the hotel definition. An owner who wants rental income without the exposure should let on terms of a month or longer and keep every signed contract.
The side that gets forgotten is tax. Rent is assessable income that has to be declared whether the letting is nightly or monthly. Which return to file and when is covered in our article on the taxes a landlord pays on rent.
Rights and duties under the 2025 Contract Committee Announcement for short leases are in our article on the rental contract control law, and if the tenant is a foreigner the house master's accommodation notification applies on top, as explained in our article on the TM30.
What a co-owner can do about the neighbour who does it
Start with the condominium juristic person, which enforces the building's by-laws and holds statutory responsibility for the use of common property. A written complaint with dates, times and what you observed carries far more weight than a message in a chat group.
The next step is the local administrative authority, because operating a hotel business without a licence is a criminal offence with officials responsible for it under the Hotel Act. The Department of Provincial Administration publishes its own guidance on investigating offences under the hotel law.
What is worth collecting is evidence that accommodation is being supplied for payment in rotation: the listing offering nights for sale, arrivals with luggage changing over, and the security desk's records.
Is the law about to change?
A draft Accommodation Places Act has been proposed to bring small accommodation operators that are not hotels into a regulated system, and it is in public consultation under Section 77 of the Constitution through the parliamentary system.
It is not law. In the meantime the Hotel Act B.E. 2547 and the penalties in Section 59 apply in full.
The sensible response to that kind of news is not to bet on the rules relaxing in time. The daily fine accrues while you wait, not after the new law arrives.
Frequently asked questions
Is nightly letting of a condo illegal?
Yes. It amounts to operating a hotel business without a licence under the Hotel Act B.E. 2547, punishable by up to one year's imprisonment or a fine of up to THB 20,000 or both, plus up to THB 10,000 per day for as long as the violation continues.
Am I exempt if I only have one unit?
Not automatically. Accommodation is treated as not being a hotel only if every condition is met: no more than four rooms, no more than twenty guests, operated as supplementary income, and already notified to the registrar.
What is the minimum letting period that is safe?
A residential lease on a monthly basis does not meet the definition of temporary accommodation for travellers, so it is the safer structure, and every contract should be in writing and kept.
Can the juristic person prohibit it as well?
It can. Section 17/1 of the Condominium Act B.E. 2522 prohibits carrying on trade in a condominium except in an area set aside for trade, and most buildings' by-laws prohibit short letting outright.
Where do I complain about a neighbour doing it?
Write to the condominium juristic person first, then report it to the local administrative authority, since operating an unlicensed hotel is a criminal offence for which the Department of Provincial Administration has published investigation guidance.
Could I do it legally with a hotel licence?
Not in an ordinary residential unit. Section 17/1 still prohibits trade outside the designated commercial area, and hotel licensing carries building requirements under the building control law that an ordinary condominium unit does not meet.
Is rental income taxable either way?
Yes. Rent is assessable income that must be declared whether the letting is nightly or monthly, and letting by the night does not remove the tax obligation.
Has the new small-accommodation law passed?
Not yet. The draft Accommodation Places Act is in public consultation under Section 77 of the Constitution, and until it passes the Hotel Act B.E. 2547 applies as before.
Summary
- Nightly letting amounts to running an unlicensed hotel: up to one year's imprisonment or a THB 20,000 fine, plus up to THB 10,000 per day while it continues.
- The not-a-hotel carve-out requires every condition at once: four rooms or fewer, twenty guests or fewer, supplementary income, and notification to the registrar.
- Section 17/1 of the Condominium Act separately prohibits trade in a condominium outside an area set aside for it.
- A monthly lease is the safe line, and rent must be declared for tax in every case.
- An affected co-owner can complain in writing to the juristic person and report the offence to the local administrative authority.
- The draft Accommodation Places Act is still in consultation and has no force yet.