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Answered4 years ago

Can I lease land or property for Airbnb in Thailand using a multiple entry tourist visa?

Sabrina *****************
asked Dec 21, 2022
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Hi everyone! Hoping I can get some clarity on my upcoming trip to Thailand in February.. I will be looking for land or property to lease upon my return to use as an airbnb/accommodation as well as home for myself. It is my understanding that I can do this under a multiple entry tourist visa? Does anyone have experience with this, your help is greatly appreciated if you have any to offer 😊 thank you in advance!! Namaste
Answer summary
The user seeks clarity on leasing property in Thailand for Airbnb under a multiple entry tourist visa. The community advises that while leasing land for such business is possible, a work visa and necessary permits may be required. Furthermore, renting out property for less than 30 days may necessitate a hotel license, with specific exemptions available.
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Alastair ********************
Alastair ********************
as I understand it, uou cannot rent out a property for less than 30 days without a Hotel License under the Hotels Act. This primarily applies to condo buildings.

The Hotel Act, B.E. 2547 (2004), Section 15 states “No person shall operate a hotel business unless he has obtained a license issued by the Registrar. The application for and issuance of a license shall be in accordance with the rules and procedures prescribed by the Minister (8).”

There is an exemption for homes and villas (less than 4 units) and they must be registered with the Ministry of Tourism.

The Ministerial Regulations on the Types and Guidelines on Hotel Business Operation B.E. 2551 (2008), Chapter 1, Clause 1, it allows certain properties to be exempt from The Hotel Act, where it states: “Temporary accommodations which are established for commercial purposes for travelers or any person have less than four rooms in the buildings and less than twenty residents, a hotel license is exempted (9).”
Frank **********
Frank **********
Best to contact a lawyer in Thailand so you get accurate information as you will get multiple different answers in group.
Frank **********
Frank **********
Brandon Thurkettle is the man who can give you great info. He is a moderate in this group.
Sabrina *****************
Sabrina *****************
OP
@Frank *********
Thank you I am seeing that! Haha I am just wondering what visa if any I should have before I arrive? If you have any experience I appreciate it 🙏
Stephen ********
Stephen ********
Yes you can lease any land and rent out any property without permission, no problem 🤦
Sabrina *****************
Sabrina *****************
OP
@Stephen *******
I am asking about what visa I should be holding before I arrive if any? You didn't even read the question.
Stephen ********
Stephen ********
@Sabrina ****************
I did read it but your wording is very poor and misleading
เจสัน ******
เจสัน ******
Please do your due diligence and engage a lawyer with regard to Usafructs and Superficies. 🙂
Sabrina *****************
Sabrina *****************
OP
@Jay ********
I also want to ask, do I need a certain visa before I arrive? I will connect with a lawyer once I am there I just want to be prepared!
Sabrina *****************
Sabrina *****************
OP
@Jay ********
thank you absolutely will! 🙏
John ********
John ********
She is talking about Airbnb and accommodation
John ********
John ********
You can rent the land for 30 years or even 60 years

You cannot use it for any hotel of any type

You have to have a work visa just for a start then you will have to get a permit to build your hotel and that will depend if your allowed to build it in that area plus have some thai people working for you

You can Google most of the information you need

But your best thing is come to see a lawyer in Thailand for the help you need
Sabrina *****************
Sabrina *****************
OP
@John *******
I am not looking to build a hotel but thank you for the information! I will definitely be seeking out a lawyer in thailand thank you 🙏
Lynnette *******
Lynnette *******
@John *******
thought she wanted a property/home she could let out when not there, didnt see the bit about a hotel.
Sabrina *****************
Sabrina *****************
OP
@Lynnette ******
thank you 😊
Phil ******
Phil ******
@Lynnette ******
From 2018 Air BNB under thai law is considered the same as a hotel.

***********************************************
Lynnette *******
Lynnette *******
@Phil *****
I know this. What it's classed as IF she rents out her home is not the same as her "building a hotel".
Phil ******
Phil ******
@Lynn****
absolutely correct and thank you for clarifying this.

Unfortunately in 2018 the thai Government went to court to clarify this point and the court ruled Airbnb properties are under the hotels legislation. Coupled with the TM30 requirement it is now impossible to dodge this now.

So even 1 property leased out comes under these rules. Read this and other articles on the internet

Lynnette Munoz From 2018 Air BNB under thai law is considered the same as a hotel.

***********************************************
Lynnette *******
Lynnette *******
@Phil *****
but she wasnt building a hotel. If yhai law puts airbnb in that category its a definition. She wants to build a home and rent it out short term and used the phrase "airbnb". She can do that on other platforms other than airbnb.
Sabrina *****************
Sabrina *****************
OP
@Phil *****
thank you for sharing!
Steve ********
Steve ********
Just to clarify. You intend to run an Airbnb business?

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