Hotel Act Replacement in Thailand: Draft Accommodation Act, 2026 Update

What is the Hotel Act replacement in Thailand?

The Hotel Act replacement is a 98-section draft law that would repeal the Hotel Act B.E. 2547 and regulate every type of accommodation under one statute. The government says the Hotel Act replacement would scale oversight to size, type and risk, in place of one uniform standard for all operators.

Notably, the government gives a reason for the change. The Hotel Act’s definitions and standards focus on hotels in permanent buildings. As a result, homestays, tents, rafts, treehouses, hostels and sharing-economy rentals sit outside the formal system, and the uniform standard burdens small operators.

What is the legislative status of the draft?

At present, the draft is still under review. The Office of the Prime Minister announced on 29 September 2026 that the government had submitted it for approval in principle. The Office of the Council of State will consider the comments of the agencies in its review.

The Council of State ran two public hearings through the central legal system. The first ran from 29 August to 12 September 2025, and the second from 19 November to 3 December 2025. In total, 1,441 people commented, and most supported the principles of the draft. The government has also prepared 28 pieces of subordinate legislation.

How would the draft sort accommodation into three tiers?

In short, the draft sorts accommodation into three tiers. Tier 1 operators notify the registrar, Tier 2 operators register before opening, and Tier 3 operators obtain a licence before opening. The tier depends on the number of rooms and guests, or on the number of units for temporary residential accommodation.

In addition, the Minister of the Interior may add further types of accommodation by ministerial regulation.

What is the Super License under the Hotel Act replacement?

The Super License is the Tier 3 licence used as a principal licence. If the applicant asks for it at the application stage, it covers up to 10 related secondary activities. Thus, the aim is to reduce the number of separate licences that a large property needs.

The activities named in the reports include food sale or storage, health establishments, swimming pools, fitness facilities, service establishments, liquefied petroleum gas use, and liquor and tobacco sales. However, each activity must still meet the law that governs it. Finally, the Department of Provincial Administration would build an electronic system for notifications, applications, licences and complaints.

What would the draft change for guests and bookings?

The draft gives guests a right to cancel when the accommodation or its services do not match the advertising. The operator must then cancel and refund in proportion to the services the guest has already received. Moreover, room rates, stay conditions and advertising statements become part of the contract.

The draft also prohibits unfair booking conditions. The reports give three examples:

• a clause that lets the operator amend or cancel the contract unilaterally;
• a clause that excludes or limits the operator’s liability for breach of contract;
• a clause that requires the guest to waive rights in advance.

What penalties and duties would operators face?

First, the draft separates minor offences from serious ones. Minor or technical breaches, such as failing to report guest information, would carry administrative fines. However, criminal penalties would remain for serious offences, such as operating a Tier 3 premises without a licence.

Operators would also carry several duties. They must prepare fire escape plans and emergency exit signage. They must send the guest register to the registrar electronically every 24 hours, and the data on foreign nationals passes to the Immigration Bureau. Furthermore, the registrar may order corrections or suspend a licence, registration or notification. During a suspension, the operator may have to arrange comparable accommodation for guests.

Which rules apply until the Hotel Act replacement is published?

For now, the Hotel Act and its ministerial regulations continue to apply until a new statute is published in the Royal Gazette. Operators therefore remain subject to the current licensing regime. Our guides on the hotel licence for a rental villa and on short-term villa rentals explain that regime.

Moreover, the second hearing draft of November 2025 was reported to take effect 180 days after publication in the Royal Gazette. Operators should follow the Royal Gazette at ratchakitcha.soc.go.th and the Office of the Council of State at krisdika.go.th for the final text. Foreign investors who hold hotels through a Thai company will also find the ownership rules in our guide to the hotel business in Thailand.

Frequently asked questions

Conclusion

The Hotel Act replacement would introduce a three-tier system, a single principal licence and written consumer rules for bookings. It remains a draft, so the Hotel Act governs until the Royal Gazette publishes the new statute. Therefore, owners and investors should compare their current holdings against the tier thresholds and watch for the final text. Our real estate lawyers in Thailand advise on hospitality and property structures.