ETA – Client Alert | Hotel Operators
Thailand’s National Council for Peace and Order (NCPO) issued Order No. 6/2562 on 12 June 2019, to temporarily suspend the enforcement of town planning and local building control regulations on specific buildings that are used for hotel business operations.
It places a hold on the enforcement of town planning regulations and local building control regulations on buildings that were built before 19 August 2016, and are being operated as hotels without meeting/function rooms.
The order grants amnesty to hotel operators who have not complied with these regulations and hotel laws in the past. The suspension is active from 12 June 2019 to 18 August 2021.
Individual Hotel operators can be released from criminal liability that would otherwise have resulted from non-compliance with the town planning, building control, and hotel laws. To avail of this, building owners who have been operating their property as a hotel before 12 June 2019 need to notify the local authority of any of the following non-compliant practices:
- Running a hotel business without a hotel license as stipulated by the Hotel Act, B.E. 2547 (2004);
- Land use in violation of regulations under the Town Planning Act, B.E. 2518 (1975);
- Modifying a building without a building modification permit as stipulated by the Building Control Act, B.E. 2522 (1979);
- Use of a controlled-use building without obtaining a certificate for building modification as stipulated by the Building Control Act, B.E. 2522 (1979);
- Changing a building’s usage without obtaining a permit to transform the building’s purpose as stipulated by the Building Control Act, B.E. 2522 (1979)
Once the local authority has been notified, owners will be allowed to take the necessary measures to improve the current conditions of the buildings to meet the requirements set by the NCPO order.
Hotel operators, who notify the local authority of their non-compliant practices and complete the building improvements of their fire safety system within such 90-day period, will be exempted from complying with the town planning regulations and from the criminal liability for their past non-compliance. The Minister of Interior has yet to prescribe detailed criteria, procedures, and conditions on this matter.
Hotel operators are urged to closely monitor relevant regulations as it paves the way for hotel operators to ensure compliance with the town planning regulations, without being subject to penalties, and enjoy continued business operations. However, as the time for seeking this amnesty is limited to only 90 days, Hotel operators should take the necessary steps to improve as soon as possible.
For further information and advice, please contact our Consultants.