New hotel law raises safety concerns

Large swathes of condo buildings could be turned into nightly accommodation under a draft bill, sparking outrage from hoteliers struggling with Thailand's poor safety reputation, writes Narumon Kasemsuk

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The Thai Hotels Association (THA) has raised the alarm for property owners over a new draft law for hotels, warning it could infringe on the rights of residents and compromise tourist safety, which is already a blemish for Thailand.

The draft of the Hotel and Overnight Accommodation Act, proposed by MP Nataphol Tovichakchaikul, was submitted to the THA this month for comment. The association expressed disagreement on key issues, said Thienprasit Chaiyapatranun, president of the THA.

This draft law is intended to replace the Hotel Act of 2004, if approved by the House of Representatives.

DEFINITIONS MATTER

Mr Thienprasit said the most critical concern was the definition of "overnight accommodation", which refers to a property with no more than 29 rooms accommodating no more than 58 people.

He said the number of rooms is a significant change from the current Hotel Act, which limits operations to no more than eight rooms for 30 guests.

"If this draft law is enacted, investors who purchased multiple units in a condo or housing estate could legally operate them as hotel rooms, simply by securing a majority vote at the owners' annual general meeting [AGM] to approve hotel operations on those properties," said Mr Thienprasit.

He said no residents would be aware of such an arrangement at the time of purchasing homes, while some guests might not realise that their accommodation was illegally operated.

These residents should have their rights protected, said Mr Thienprasit.

THA also disagrees with defining a "room" as a standalone unit of an overnight accommodation, as written in this draft.

Registration should apply to whole buildings to prevent community disruption and to ensure guest safety, as most people will not know the conditions of buildings hosting such rooms, he said.