Most landlords in Thailand do not break the law on purpose — they break it because they did not know the law existed. Some penalties reach ฿50,000, and the two things tenants complain about most often (marking up electricity, and not returning the security deposit) are things you can fix in a couple of hours.
This article is split in two — Part 1 is a three-minute summary for landlords who just want to know whether they are exposed, and Part 2 is the full detail, with citations to the Royal Gazette and the responsible agencies, for anyone who has to actually rewrite a lease or file a licence application.
Part 1: The short version — three minutes
The three laws every landlord needs to know
1. Dormitory Act B.E. 2558 (2015) / พ.ร.บ.หอพัก 2558
Applies to accommodation rented to students aged 25 or under. You need an operating licence (฿5,000 fee) and you must appoint a licensed dormitory manager (฿1,000). Operating without a licence: fine of up to ฿50,000.
2. OCPB Rental Contract Regulation B.E. 2568 (2025) / ประกาศ สคบ. 2568
Issued by the Office of the Consumer Protection Board (OCPB / สคบ.). It applies to all residential letting, not just student dormitories. Key points:
- You may not charge more for water and electricity than the utility's own rate — no markup allowed
- The security deposit is capped at one month's rent and must be returned within 30 days
- You may deduct for damage only with evidence (normal wear and tear ≠ damage)
- The lease must state names, addresses, contact channels, unit details, rent, and utility rates
- In force since 4 September 2025
3. Building Control Act / พ.ร.บ.ควบคุมอาคาร
Sets building safety standards. You must have:
- Fire escapes and emergency lighting
- Fire extinguishers on every floor
- Escape route plans posted where they are clearly visible
- A construction or alteration permit for the building
Dormitory vs. apartment — what the law treats differently
| Item | Dormitory (Dormitory Act) | Apartment (OCPB) |
|---|---|---|
| Tenants | Students aged ≤ 25 | Anyone |
| Licence | Required (฿5,000) | Not required (building permit still is) |
| Manager | Must be appointed | Not required |
| Water & electricity | At the utility's rate | At the utility's rate (OCPB 2568) |
| Security deposit | As prescribed | ≤ 1 month, returned within 30 days |
Quick self-check — 7 items
- Operating licence in hand (if you accept students)
- Lease contains everything the OCPB regulation requires
- Water and electricity charged at no more than the utility's rate
- Security deposit ≤ 1 month, with a process for returning it
- Fire extinguishers, emergency lighting, and fire escapes in place
- Escape route plans posted on every floor
- Commercial registration / VAT registration (if revenue > ฿1.8M per year)
If you cannot tick all seven, start with utility charges and the security deposit. Those are the two things tenants can report to the OCPB most easily, and the two you can fix fastest without spending anything.
Part 2: The full detail — for landlords who need to go deeper
2.1 Dormitory Act B.E. 2558 — who has to comply?
The Dormitory Act B.E. 2558 was published in the Royal Gazette on 22 April 2015, replacing the Dormitory Act B.E. 2507 (1964), and came into force on 21 August 2015. Its stated purpose is to protect the welfare of children and young people who are still in education — which is why several of its requirements (separate male and female accommodation, a licensed manager on site) are stricter than for ordinary rental housing.
Scope:
- Applies to a "dormitory" as specifically defined: premises rented to pupils and students at bachelor's degree level or below, aged 25 or under
- An apartment building renting to the general public (non-students) falls outside this Act — but is still covered by the OCPB regulation
Key requirements:
- Dormitory operating licence — ฿5,000 fee, filed with the registrar (the provincial Office of Social Development and Human Security)
- Dormitory manager — you must appoint one (licence fee ฿1,000); the manager must meet the prescribed qualifications
- Separation of male and female accommodation — must be clearly separated
- Building standards — must comply with the ministerial regulations on lighting, fire escapes, and sanitation
Penalties:
- Operating a dormitory without a licence: fine up to ฿50,000
- Failing to appoint a dormitory manager: fine up to ฿25,000
- Other breaches: fines from ฿10,000 to ฿50,000
Sources: Dormitory Act B.E. 2558 — Ministry of Education (Thai) · Full text of the Dormitory Act — Wikisource (Thai) · Public service manual — Yasothon municipal office (PDF, Thai)
2.2 OCPB Regulation B.E. 2568 — the new rental contract rules
The Contract Committee Notification on making residential building rental a contract-controlled business, B.E. 2568, is a revision of the 2562 (2019) version. It has been in force since 4 September 2025.
Who must comply: owners of dormitories, apartments, condos, and rented houses — anyone letting a building for residential use.
a) Water and electricity — no markup
- Electricity: charge for the units the tenant actually consumed × the average per-unit rate on the utility bill
- Water: the same — the actual rate charged by the waterworks authority
- You may not charge a separate "common area" water/electricity fee without disclosing it in advance
- If you breach this: the tenant can file a complaint with the OCPB, and you risk a corrective order and a fine
This is the clause that hits landlord income hardest, because historically many buildings treated the electricity spread (charging ฿8 per unit while the actual bill averaged ฿4.50) as supplementary income to cover common-area utilities. With that route closed, the cost has to be built into the rent instead — see the calculation in our financial planning guide.
b) Security deposit — one month maximum
- The damage deposit may not exceed one month's rent
- It must be returned within 30 days of the lease ending and the unit being handed back
- You may deduct only for damage you can evidence — "normal wear and tear" is not damage
The word "evidence" is the whole game. A landlord who photographs the unit at move-in and move-out, with a condition report co-signed by the tenant, is in a strong position when a dispute arises. A landlord who withholds money because "the room looks worn" generally loses at mediation.
c) What the lease must state
- Name, address, and contact channel for both parties
- Details of the property being let (location, size, condition)
- Lease term — start and end dates
- Rent amount and payment due date
- Electricity and water rates, and how they are calculated
- Security deposit amount and the conditions for returning it
- Termination conditions
d) Tenant rights landlords need to watch
- Tenants may terminate early by giving 30 days' notice
- Landlords may not cut off water or electricity to force a tenant out
- Landlords may not enter the unit without permission
Cutting utilities is the single most common mistake landlords make when a tenant falls behind on rent — because it looks fast and effective. The result is that the landlord is now also breaking the law, and immediately loses the advantage if the matter reaches court. The lawful sequence is covered in our Thai-language article on what to do when a tenant stops paying rent.
Sources: 2568 rental contract control law — Horganice (Thai) · What changed in OCPB 2568 — DDproperty (Thai) · Thailand Consumers Council (Thai) · DormBix — dormitory law 2568 (Thai)
2.3 Building safety law
The Building Control Act B.E. 2522 (1979), as amended, sets standards for buildings used as multi-unit housing. The requirements that matter for dormitories and apartments:
- Construction / alteration permit — you need permission from the local authority before building or altering the structure
- Fire escape — buildings of four storeys or more (or over 15 metres tall) need a fire stair separate from the main stair
- Emergency lighting — escape routes need emergency illumination and a backup power source
- Fire extinguishers — on every floor, in accessible positions
- Escape plans — a diagram showing the escape route, posted somewhere clearly visible on every floor
- Fire alarm system — larger buildings need an alarm system meeting Engineering Institute of Thailand (EIT / วสท.) standards
Ministerial Regulation No. 69 (B.E. 2564 / 2021) updated the rules on change of building use — if you convert a house or a shophouse into a dormitory, you also need permission to change the building classification. This matters enormously for anyone who buys an old shophouse or house and partitions it into rental rooms, because "partition it and open for business" is an unpermitted building alteration.
Sources: How to open a dormitory legally — RentHub (Thai) · Ministerial Regulation No. 69 (2564) — Royal Gazette (PDF, Thai) · Fire safety law basics — Kasetsart University (PDF, Thai)
2.4 Taxes on rental income — the short version
| Tax | Detail |
|---|---|
| Personal income tax | Rental income is filed on form PND.90; deduct 30% (standard deduction) or actual expenses |
| Land and building tax | Assessed on appraised value at the commercial rate |
| VAT | Registration required once revenue exceeds ฿1.8M per year |
| Withholding tax | Corporate tenants withhold 5% at source |
An important note on VAT: rent for residential buildings is VAT-exempt, but separately billed utilities and service charges may count toward assessable revenue. Buildings with income close to ฿1.8M per year need to run those numbers carefully — details in our Thai-language article on VAT registration for landlords.
Source: Dormitory taxes explained — RentHub (Thai)
Conclusion: three things to do this week
- Pull the last three electricity bills, divide by total units to get your true average per-unit rate, and compare it with what you charge tenants. If you charge more, adjust.
- Open the lease you are currently using and check it against the seven items in section 2.2(c). If anything is missing, fix it starting with your next tenant.
- Walk the building once — are the fire extinguishers expired? Does the emergency lighting still work? Is the escape plan still posted on every floor?
All three take under half a day combined, and they close off nearly all of the expensive risk.
How RoomNaHub helps
- Digital leases — generates a contract containing everything the OCPB regulation requires, signed over LINE
- Automatic utility billing — calculated from actual meter units, so you cannot accidentally overcharge
- Deposit tracking — records the deposit, unit condition, and damage evidence, ready to refund on schedule
- Tax reports — monthly and annual rental income summaries to make filing easier
Want compliance handled automatically?
RoomNaHub bills from real meter readings, generates OCPB-compliant leases, and records deposits with evidence attached.
This article is general information for educational purposes and is not legal advice. Statutes and fee schedules change. If you have questions, consult a lawyer or the relevant agency directly (OCPB hotline 1166 / your provincial Office of Social Development and Human Security).