Accommodation Reform: Proposed Super License and Stronger Guest Protections

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lotte hotels in vibrant night cityscape

Accommodation Reform: Proposed Super License and Stronger Guest Protections

Background

Thailand’s tourism sector has changed considerably, with rising numbers of international visitors and the emergence of new forms of accommodation. The legal framework, however, has struggled to keep pace. Homestays, hostels, boutique hotels, tents, rafts, and tree houses do not always fit requirements designed for conventional hotels and permanent buildings, and operators of these businesses often find compliance difficult. Meanwhile, traditional hotels that also run restaurants, spas, and other facilities must navigate multiple separate licensing processes.

In response, the proposed Accommodation Act B.E. …. (the “Accommodation Act”) aims to replace the Hotel Act B.E. 2547 (2004) with a modern framework that better reflects the current accommodation landscape. The Immigration Act B.E. 2522 (1979) (the “Immigration Act”), which has been in force since 1979, is also the subject of proposed amendments.

This article updates our previous article on Thailand’s hotel and accommodation regulations, available here.

Current Status

  • Immigration Act: The House of Representatives approved the draft amendment on 30 September 2026. The draft regulates the residence notification of foreigners and converts certain administrative fines into criminal penalties. The House also endorsed committee observations that the law should be aligned with the hotel law (which the proposed Accommodation Act is intended to replace) and that persons who accommodate foreigners should be supervised.
  • Accommodation Act: The Cabinet approved the draft in principle on 29 September 2026.

A Tiered Approach Based on Size and Risk

The proposed Accommodation Act would divide accommodation establishments into three categories, each requiring notification, registration, or licensing according to size, characteristics, and risk:

  • Category 1 – Notification (operate after notifying the registrar): hotels with up to 8 rooms and up to 30 guests; temporary residential accommodation (houses or rooms) with up to 8 units.
  • Category 2 – Registration (register with the registrar before operating): hotels with more than 8 but not more than 40 rooms, or more than 30 but not more than 150 guests; temporary residential accommodation with more than 8 but not more than 40 units.
  • Category 3 – Licensing (license required before operating): hotels with more than 40 rooms or more than 150 guests; temporary residential accommodation with more than 40 units.

The Minister of Interior may prescribe further types, kinds, or formats of accommodation by ministerial regulation.

This structure gives operators good reason to examine their planned room capacity and operating model before investing in a new property or expanding an existing one. A business’s marketing label, whether “homestay,” “boutique hotel,” or otherwise, should not be assumed to determine its legal classification.

For smaller operators, the proposed Accommodation Act could offer a more practical route into the regulated market, although this will depend on the requirements attached to each category and how they are administered. Property owners should also distinguish between the prospect of reform and permission to operate today. In particular, anyone considering short-term residential rentals should review the final legislation and other applicable requirements before proceeding.

What Would the Super License Cover?

The “Super License” would serve as the principal business license for Category 3 establishments, reducing the number of separate licenses an operator must obtain. Applicants who state their intention at the time of application could seek associated approvals covering up to ten activities. Examples identified by the government include premises selling or storing food; health establishments such as spas; swimming pools; fitness facilities; entertainment venues; premises using liquefied petroleum gas; and the sale of alcohol and tobacco. The mechanism would still need to be aligned with the laws governing each activity.

Hotels and resorts offering several of these services could benefit from a more coordinated application process. For an operator planning a restaurant, spa, gym, and pool within one property, the key questions would be which approvals can be handled together and what supporting documents each authority requires.

However, the term “Super License” should not lead business operators to assume that every activity is automatically authorized. Construction schedules, hotel management agreements, and acquisition documents should continue to identify the approvals required for each service and who will be responsible for obtaining them.

Advertising Would Carry Greater Contractual Weight

Under the proposed Accommodation Act, the information an operator presents to prospective guests, including accommodation rates, booking terms, advertising, and promotional statements, would form part of the contract with the guest. As international arrivals continue to grow, the Act would strengthen consumer protection by giving guests rights to cancel and to receive a proportionate refund where the accommodation or related services do not match what was advertised. Specified unfair booking conditions would also be prohibited.

This warrants attention beyond a routine review of standard terms and conditions. A room advertised with a sea view, a pool that is closed, or a package promising unavailable services could each become a source of dispute. Operators should therefore:

  • ensure that their own websites and booking-platform listings describe the same offering;
  • communicate any changes to guests before arrival;
  • establish a workable process for handling complaints and deciding when a refund is appropriate; and
  • where bookings are made through intermediaries, set out in the commercial agreement who updates listings, informs guests, and processes refunds.

Introduction of an Electronic System

The proposed Accommodation Act also introduces an electronic system to oversee and regulate accommodation businesses. The system would facilitate guest registration and reporting, license applications, and other regulatory procedures, and would serve as the primary channel of communication between operators and the relevant authorities, making administrative processes more accessible and efficient.

What Operators Should Do Now

The final text and implementing rules will determine how far the reform changes day-to-day operations. Existing businesses should monitor how their current approvals would be treated, while investors should test their plans against the eventual classification and approval requirements.

In the meantime, operators may find it useful to review:

  • property descriptions and booking conditions;
  • readiness to adopt the electronic system;
  • associated business licenses; and
  • allocation of responsibilities under management contracts.

Overall, the proposed reform seeks to move away from a one-size-fits-all regulatory approach toward a framework that reflects the size, nature, and risk level of each accommodation business.

Key Takeaways

  • The proposal seeks to make accommodation regulation better suited to businesses of different sizes and formats.
  • The Super License could simplify associated approvals for Category 3 establishments, but its scope and conditions will be important.
  • Operators should monitor and ensure that advertising, booking terms, and services actually provided are consistent. They also need to monitor on its obligation regarding notifying of the foreigner who are under their supervision under the new legislations to be enacted.

Author: Panisa Suwanmatajarn, Managing Partner.

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