The association does not believe the 2004 Hotel Act has any loopholes, president Thienprasit Chaiyapatranun said on Wednesday (Sept 10). The problem is ineffective law enforcement against operators that do not follow the rules, he said.
The group earlier submitted its feedback on two proposed drafts of a revised Hotel Act to the drafters: the Council of State and the Pheu Thai Party. It now plans to submit letters to Prime Minister Anutin Charnvirakul and the secretary-general of the Office of the Council of State, reiterating those concerns, reports the Bangkok Post.
“We are worried tourist safety will be compromised by loose regulation that allows unsafe or modified buildings to operate,” said Mr Thienprasit.
Ever since Airbnb pioneered its model of accommodation sharing, the hotel industry worldwide has faced growing challenges from properties that are not regulated to the same strict standards as hotels.
In recent years, lawmakers in Thailand have been working on new regulations to encourage operators of unlicensed accommodations, such as hostels and homestays, to enter the system.
Mr Thienprasit said both of the new drafts that the THA has reviewed do not meet its expectations, as the criteria for registering accommodations in the system are too loose.
A hotel or daily accommodation is a property where guests or tourists may be unfamiliar with its safety guidelines and the building plan, according to the THA.
Therefore, an accommodation with more than eight rooms should strictly follow the safety measures under the 2023 ministerial regulation on hotel operation, and ministerial regulation No.55 issued pursuant to the Building Control Act, he said.
“Thailand’s top priority should be to restore tourism confidence in safety at all costs,” said Mr Thienprasit.
DEFINITIONS INADEQUATE
In the Pheu Thai draft, the THA disagreed with the definitions of non-hotel accommodation, immovable accommodation, movable accommodation, hostel, guesthouse and homestay, as the drafters did not consider the number of rooms and guests.
All of these accommodations are in the same business, where safety should not be compromised, he said. Therefore, the criteria for considering licences should not be set separately.
The law should limit “non-hotel” property to eight rooms or less with no more than 30 guests, as stated in the 2023 ministerial regulation, noted the association.
The draft by the Council of State, the government’s legal adviser, opens up opportunities for registration of modified buildings as well as illegal daily rentals in condos and housings.
The THA proposed the draft determine a clear standard for old buildings by requiring a construction permit and strictly preventing illegal modification of the property before acquiring a licence.
Mr Thienprasit said the draft should also require operators of all accommodation types, except those with eight rooms or less and up to 30 guests, to be a registered company or juristic person in order to collect the full tax rate.
The registration of accommodations should not overrule the law that forbids daily rental in housing estates or condos, which disturbs long-term residents and homebuyers, noted the THA.