2018 09 July

Cambodia Legal Update June 2018

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REAL ESTATE

PRAKAS NO.087 DATED 11 MAY 2018 ON LAND DEVELOPMENT FROM THE MINISTRY OF LAND MANAGEMENT, URBAN PLANNING AND CONSTRUCTION

The Prakas No. 087 aims to determine measures addressing both private and public land development in Cambodia:
– Mechanisms, formalities and procedures on land development;
– Technical conditions of land development to ensure decent public infrastructure for public green spaces, public facilities including for people with disabilities, elderly people, and children; and
– Conditions of green development and disaster prevention.

The Prakas No. 087 essentially defines the terms of land development, conditions and procedures to obtain and issue approvals on land development, the competent authority, rights and obligations of land development, conditions on state land development, land development complaints and penalties for conducting land development without required approvals.

Importantly, the Prakas specifically determines 12 types of land development projects that require prior approval from the competent authority to ensure accurate technical land and urban management (“Approval on land development”):

  1. change of type of land usage for construction plans;
  2. land subject to the modification of land parcel projects;
  3. land lot division projects; 
  4. re-zoning of land;
  5. city development projects;
  6. residential or condominium development projects;
  7. commercial and/or servicing zones and multiple zone development projects;
  8. industrial zones, industrial parks and factory projects;
  9. special economic zone projects;
  10. structure development of city projects;
  11. tourist development zone projects;
  12. other development plans.

The projects below will not require approvals on land development, except zones that are regulated by specific regulations.

  1. land development of agricultural zones for the residential construction;
  2. factory construction in locations with an economic land concession; and
  3. construction of factories for agricultural purposes;

Approvals on land development are valid for two years from the issuing date, and renewable for one year. The renewal can only be issued twice. Non-compliance with this requirement is subject to a penalty prescribed by Chapter 8 of this Prakas.


The information provided is for information purposes only and is not intended to constitute legal advice. Legal advice should be obtained from qualified legal counsel for all specific situation.

For further inquiries, please contact cambodia@dfdl.com.


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