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BANGKOK 18 July 2019 07:57
webfact

Billion baht luxury villa on Samui doesn't have a hotel license

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I think that you have hit the nail on the head there.
 
The people in charge seem not to have a common 'work to' list across Thailand.
 
On Samui - the owners with the villa/pool licence are being told that they are OK if they comply with the rules.
Yeah but there's no laws for this stuff, so it's fine until orbortor needs a new car

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I would of thought it can't be classed as an hotel as it has individually owned plots and villas with a rental manager.

now if it was fully owned by a company of owners then it could be classed as a resort.as it looks if one owner don't rent out and all the others do,does he receive any of the income/profit.

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Good idea they have on samui. Tell all these investors they will be able to rent places out for a fortune, get them to cough up loads of cash to build villas at mental cost , set up management company to keep them paying service charges every month and then after a while wait till the authorities shut them down for no licenses and then go repeat somewhere else on the island ! ££££££ 

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On 6/13/2019 at 9:05 AM, Denim said:

So all the other hotels combined on the Island are losing 23 nightly rentals between them ? Pretty small ' impacting '.

 

Still....wrong is wrong. Get  a license and pay taxes. 

I doubt it's one bedroom per villa.

Yes they should pay tax.

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still taking bookings so didn't get shut down.

 

does that they were in fact legal then?

 

what's the secret sauce??

 

 

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On 6/17/2019 at 12:00 AM, arithai12 said:

I doubt it's one bedroom per villa.

Yes they should pay tax.

Quite sure the managing company does pay taxes on their income, the villa owners of course also have to pay rental income taxes but i don't see why the managing company should be liable for this.

 

Well the fine is 10k baht per day i think, guess they can just easily pay that lol

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Hard time for doing business or even wanting to have a holiday in the mafia ridden Koh's all over Thailand, where even the local islanders have fled to to the rise in corruption or racket from the poweful clans.

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On 6/13/2019 at 3:18 PM, justin case said:

soon AIRBNB will be outlawed

Sorry to be the bearer of bad news: AirBNB has been illegal for a long time already. But so has driving on the sidewalks, driving against traffic, running through red lights, driving on the hard shoulder, buying alcohol on religious holidays, buying alcohol near educational institutions, paying bribes, accepting bribes, and the list goes on and on.

 

The point is: Whether something is illegal is of no consequence in Thailand - if the RTP isn't enforcing a law, you basically have permission to do it. The fact that you assumed that AirBNB was legal (due to the thousands of publicly available rentals in Thailand) proves the point nicely. 

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10 minutes ago, SABloke said:

Sorry to be the bearer of bad news: AirBNB has been illegal for a long time already. But so has driving on the sidewalks, driving against traffic, running through red lights, driving on the hard shoulder, buying alcohol on religious holidays, buying alcohol near educational institutions, paying bribes, accepting bribes, and the list goes on and on.

 

The point is: Whether something is illegal is of no consequence in Thailand - if the RTP isn't enforcing a law, you basically have permission to do it. The fact that you assumed that AirBNB was legal (due to the thousands of publicly available rentals in Thailand) proves the point nicely. 

airbnb is not illegal, short term lets are, airbnb does longer lets too but it is up to the user to set minimum days stay (and obviously abuse thai laws if they feel inclined)

 

anyways looks like all this is mute anyway the 'hotel' in question is still taking bookings so i assume they were doing nothing wrong :whistling:

 

carry on nothing to see here

 

 

 

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10 minutes ago, GeorgeCross said:

airbnb is not illegal, short term lets are, airbnb does longer lets too but it is up to the user to set minimum days stay (and obviously abuse thai laws if they feel inclined)

 

anyways looks like all this is mute anyway the 'hotel' in question is still taking bookings so i assume they were doing nothing wrong :whistling:

 

carry on nothing to see here

 

 

 

Well, technically you're right: Monthly rentals through the AirBNB portal are not illegal, and licensed hoteliers using the platform are fine for short terms ones, but considering the difficulty of obtaining a hotel licence, I suspect that very few (if any) of the thousands of AirBNB hosts would have them.

 

My response to Justin Case was going on the assumption that he was talking about the short term private rentals available through AirBNB. He could correct me, of course, but a hotelier would not be worried about AirBNB becoming illegal (without mentioning other platforms such as booking.com, trip.com etc. etc.)

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On 6/13/2019 at 8:10 AM, webfact said:

Complaints had been received by the hoteliers' association on the holiday island that the facility was unfairly impacting their members and the economy by not having a license and not paying the required amount of tax for a hotel. 

A house on my moobaan is operating a similar scheme; the owner has an agent; he lets the property for weekend parties.  The noise is disturbing for families with young children nearby.  Complaints to police/tessaban have produced nothing.

Where do we go from here?

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2 minutes ago, mikebell said:

A house on my moobaan is operating a similar scheme; the owner has an agent; he lets the property for weekend parties.  The noise is disturbing for families with young children nearby.  Complaints to police/tessaban have produced nothing.

Where do we go from here?

Pay the police to investigate, the going rate is around 5,000. 

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On 6/15/2019 at 8:42 PM, happy chappie said:

I would of thought it can't be classed as an hotel as it has individually owned plots and villas with a rental manager.

now if it was fully owned by a company of owners then it could be classed as a resort.as it looks if one owner don't rent out and all the others do,does he receive any of the income/profit.

However then you come into the 'rental for a period of less than 30 days' clauses.. 

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21 hours ago, Pilotman said:

Pay the police to investigate, the going rate is around 5,000. 

'Complaints to police/tessaban have produced nothing.'

  They don't want to know/do anything about it.  Thai neighbours have called them to the scene numerous times in vain.  We, the Juristic Committee, would like to instruct a local lawyer to bring an end to the nuisance but can't find a definitive law to quote.

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19 minutes ago, mikebell said:

'Complaints to police/tessaban have produced nothing.'

  They don't want to know/do anything about it.  Thai neighbours have called them to the scene numerous times in vain.  We, the Juristic Committee, would like to instruct a local lawyer to bring an end to the nuisance but can't find a definitive law to quote.

I say again, have you tried paying a 'administrative fee' to start an investigation?  Thais should know that it is a way to get an investigation going.  

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