Important. This page explains the rules as of 17 October 2026. It is not legal advice: check the project documents and condo regulations with a lawyer before buying for rental income.
Many buyers in Phuket plan to let their unit to tourists on Airbnb or Booking. In 2026 “Thailand legalises Airbnb” headlines made the rounds, and some sales pitches present it as settled. Here is what has passed and what is still a draft.
Where “Airbnb is legal now” came from
Two initiatives moved in 2026. In July the House of Representatives accepted Hotel Act amendments in principle and set up a committee to examine them (per trade outlet Hotel Management Network; we have not checked the official record). On 29 September 2026 the government put a draft Accommodation Establishments Act to the Cabinet for approval in principle; it would repeal the Hotel Act entirely (Tilleke & Gibbins). The draft sorts all guest accommodation, including homestays, hostels and sharing-economy rentals, into three types with scaled requirements.
What applies in October 2026
| Question | Answer |
|---|---|
| Law in force | Hotel Act B.E. 2547 (2004) and its ministerial regulations |
| Licence needed for nightly rentals | yes, paid temporary lodging is hotel business |
| Can a condo get hotel status | no, while the building is registered as a condominium (DOL circular 2023) |
| Monthly rentals | allowed, subject to condo regulations |
| New act status | draft, agency comments, then the Council of State |
Why condos are excluded. On 6 November 2023 the Department of Lands told provincial governors that the commercial use allowed in condominiums means services for residents, like a shop or café, not hotel operations. Co-owner consent or a change of the building’s purpose does not change this. To operate as a hotel, the building would first have to leave the condominium regime (Tilleke & Gibbins summary).
Where the 30 days come from. In 2016 the acting chief of the Phuket Land Office wrote to all condominiums on the island that daily letting breaches the Hotel Act, and that condos can be rented for 30 days or longer (The Phuket News).
What to do instead
- Rent long term, one month or more: legal for condos and calmer for neighbours and management
- Buy into a licensed hotel building if you want holiday-rental income, and verify the licence from documents, not the brochure
- Do not price in the draft law: follow it, but do not count on rules that are not enacted
Browse ready condos and presale projects for long-term rental. Ownership rules and the foreign quota are covered in the freehold and leasehold guide.
This page is reviewed every 30 days while the draft accommodation law moves through approvals.
FAQ
Can I rent out my condo daily myself?
Paid stays by the night or week count as hotel business under the Hotel Act and need a licence. A registered condominium cannot get one: a 2023 Department of Lands circular says condo units cannot be used for hotel operations. Renting for a month or longer is fine unless your condo's regulations restrict it.
Has Thailand legalised Airbnb?
Not as of October 2026. A draft Accommodation Establishments Act, put to the Cabinet on 29 September 2026, would replace the Hotel Act and bring sharing-economy rentals into a three-tier licensing system. The draft is collecting agency comments and then goes to the Council of State. Until the new act is published in the Government Gazette, the Hotel Act applies.
What is the penalty for illegal daily rentals?
In 2016 the Phuket Land Office warned all 234 condominiums on the island that daily letting breaches the Hotel Act, with up to one year in prison, a fine of up to 20,000 THB, or both (The Phuket News). We have not checked the statute text line by line, so treat the figure as a summary of that official notice.
Is renting for 30 days or more allowed?
Yes. The same 2016 Phuket Land Office notice said condos can be rented for 30 days or longer. Your condominium's regulations may add their own conditions, so read them before you buy for rental income.
Sources
- Tilleke & Gibbins. Thailand Moves to Replace Hotel Act to Allow Other Types of Accommodations (14.10.2026), law firm review
- Tilleke & Gibbins. Thailand: Condominiums Cannot Be Used for Hotel Operations (13.11.2023), DOL circular summary
- Hotel Management Network. Thailand moves to bring Airbnb-style rentals into hotel regulatory system (12.08.2026), trade media
- The Phuket News. Phuket condo owners warned holiday rentals less than 30 days risks fines, jail time (02.07.2016), via ASEAN NOW
- Condominium Act B.E. 2522, current version (Thai text), Office of the Council of State
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