You are using an outdated browser and your browsing experience will not be optimal. Please update to the latest version of Microsoft Edge, Google Chrome or Mozilla Firefox. Install Microsoft Edge

October 6, 2023

Thailand Amends Hotel Regulations

Subscribe to Updates

On August 25, 2023, Thailand’s Ministry of Interior issued the Ministerial Regulation Prescribing the Types of Hotels and the Criteria for Hotel Business Operation No. 2 B.E. 2566 (2023), which amends the threshold for hotel license exemption and hotel business operation requirements specified in the similarly named ministerial regulation from 2008. The ministerial regulation, issued by virtue of the Hotel Act B.E. 2547 (2004), adjusts the hotel type classifications and introduces new compliance requirements for other types of structures that can be used as hotels (e.g., rafts, tents, or containers).

The 2023 ministerial regulation was announced and published in the Government Gazette on August 30, 2023, and will come into effect after 60 days (i.e., on October 29, 2023), amending certain provisions in the original 2008 ministerial regulation.

Key changes and new requirements under the 2023 ministerial regulation are detailed below.

Hotel License Exemption Threshold

The 2023 ministerial regulation raises the threshold for exemption from the requirement to obtain a hotel license. Under the new rules, accommodations with up to 8 rooms accommodating no more than 30 guests (previously no more than 4 rooms and 20 guests) are not regarded as hotels under the Hotel Act, and thus, a hotel license is not required.

Hotel Types

The 2023 ministerial regulation also changes the definition of the types of hotel accommodations that require a hotel license under the Hotel Act. The new classifications are:

  • Type 1: Hotels with up to 50 guest rooms only.
  • Type 2: Hotels with more than 50 guest rooms only, or hotels with (1) guest rooms and (2) a dining room, restaurant, or kitchen.
  • Type 3: Hotels with (1) guest rooms, (2) a dining room, restaurant, or kitchen, and (3) an entertainment venue under the law governing entertainment venues, or a conference room.
  • Type 4: Hotels with (1) guest rooms, (2) a dining room, restaurant, or kitchen, (3) an entertainment venue under the law governing entertainment venues, and (4) a conference room.

New Requirements for Other Hotel Structures

The 2023 ministerial regulation notes that other structures can be used as hotels—specifically mentioning rafts, tents, and containers—and introduces new requirements for them.

For rafts or any structures that float on water, with no permanent attachment to the ground or ground underwater, required safety measures include:

  • Life vests (at least as many as the number of guests of each hotel room;
  • Stable and strong guardrails;
  • Adequate lighting;
  • Fire extinguisher in accordance with building control law; and
  • Garbage facilities with capacity of at least 40 liters if there is cooking and food is served.

For tents, containers, or other similar items with a height of two meters or more, required safety measures include adequate lighting for the guest rooms and walkways in the hotel structure.

Hotel Permits and Certificates

The 2023 ministerial regulation requires hotel buildings located in the areas governed under the building control law to have a permit and certificate showing that the building can be used as a hotel according to the laws governing building control. A building inspection certificate is no longer accepted.

Hotel Room Size

The 2023 ministerial regulation also removes the requirements for the size of hotel rooms.

Comparison to 2008 Ministerial Regulation

The table below briefly summarizes the key differences between the 2008 ministerial regulation and the 2023 ministerial regulation.

For more information on this regulation, or on any aspect of real estate law in Thailand, please contact Chaiwat Keratisuthisathorn at [email protected] or Supranee Arjjit at [email protected].

Related Professionals

Practices

Real Estate

Location

RELATED INSIGHTS​ 

August 11, 2026
Cambodia’s Ministry of Justice has launched a new platform on its official website to publish notices of forced sales issued by each municipal and provincial court of first instance. The platform’s stated purpose is to inform the public and facilitate greater participation in forced-sale auctions conducted in connection with court-ordered enforcement proceedings. How the Platform Works The platform publishes forced-sale notices from courts of first instance across Cambodia’s municipalities and provinces and includes a link where the public can view properties currently subject to forced sale. To participate in a forced-sale auction, individuals can download Khmer-language bidding application forms through links provided on the platform. The form typically requires the applicant’s name, sex, year of birth, identity card number and issue date, and address, together with details identifying the immovable property (including its ownership certificate number), the relevant enforcement case number and date, and the reference to the public auction or tender announcement issued by the court. Completed application forms must be submitted directly to the specific municipal or provincial court that issued the forced sale. For further inquiries about a particular forced sale, interested parties should likewise contact the relevant municipal or provincial court. Forced Sale of Immovable Property in Cambodia The publication of these notices relates to the forced sale procedure for immovable property under Cambodia’s Code of Civil Procedure (CPC). Unlike property seizure by a court, a forced sale is a compulsory execution proceeding—a subsequent enforcement step that arises only after an underlying dispute has been adjudicated and a debtor fails to pay the debt or outstanding amount due under a final and binding judgment or other enforceable title of execution. For the purposes of this procedure, the term “immovable property” under the CPC refers to land, registered buildings, jointly held shares of such property, registered
Read More
July 3, 2026
Thailand will keep its reduced government fees for property sale and mortgage registration in place for another year. Two Ministry of Interior notifications, issued following a cabinet resolution on June 30, 2026, and published in the Government Gazette on July 1, 2026, extend the previously reduced fee levels through June 30, 2027. The reduced registration fees apply to the sale and mortgage of the same property types covered in prior versions of the scheme: detached houses, semidetached houses, row houses, commercial buildings, land transferred together with such buildings, and condominium units. To be eligible for the reduced fees, the purchase price, the officially assessed value, and the mortgage amount must each not exceed THB 7 million, and the buyer must be a Thai individual. The reduced registration fees for eligible sales and mortgages are calculated as follows: Sale: 0.01% of the official assessed value (reduced from standard rate of 2%) Mortgage: 0.01% of the mortgage amount (reduced from standard rate of 1%) The reduced mortgage registration fee applies only if the mortgage is registered at the same time as the sale of the property.
Read More
April 30, 2026
Thailand’s Long-Term Resident (LTR) Visa regime offers an attractive immigration pathway for qualifying foreign nationals, providing a 10-year renewable permission to stay in Thailand. Following amendments under Board of Investment (BOI) Announcement No. Por. 3/2568 dated February 4, 2025, the regime now more explicitly accommodates property investment as a qualifying vehicle—a development of particular relevance to foreign nationals already considering real estate acquisitions in Thailand. The LTR Visa is available to several categories of applicants, including wealthy global citizens with global assets of at least USD 1 million, and wealthy pensioners aged 50 or older with an annual pension or fixed income of at least USD 40,000. Property as a Qualifying Investment For both categories, property investment is recognized as one of three eligible investment types alongside Thai government bonds (with at least five years remaining to maturity) and direct investments in Thai companies or approved venture capital or private equity vehicles. The minimum qualifying property investment is USD 500,000 for wealthy global citizens and USD 250,000 for wealthy pensioners. Eligible property types include freehold condominiums, buildings, or villas, as well as leasehold properties with a remaining lease term of at least 10 years. Health Coverage Requirement Beyond the investment threshold, applicants must demonstrate adequate health coverage. This requirement can be satisfied through a health insurance policy covering at least USD 50,000 in Thai medical expenses with at least 10 months of remaining coverage, evidence of social security benefits covering Thai medical costs, or a bank deposit of at least USD 100,000 retained for 12 months. Practical Considerations For foreign nationals already considering property acquisitions in prime residential markets—where investment values commonly meet or exceed the USD 500,000 threshold—the visa pathway effectively transforms a real estate purchase into a dual-purpose investment, combining asset ownership with long-term residence rights that
Read More
April 7, 2026
Real estate law specialists from Tilleke & Gibbins provided the chapter on Vietnam for Practical Law’s Commercial Real Estate Global Guide 2026, a comparative jurisdictional guide in Q&A format giving a high-level overview of real estate investment structures, restrictions on foreign ownership, and other important issues of real estate law. The main topics include the following: Real estate investment Title to real estate Sale of real estate Real estate tax Real estate finance Real estate leases Planning and development controls To read the Vietnam chapter, please visit the Practical Law website and enroll in the free Practical Law trial to gain full access.
Read More