The Ministry of Land Management, Urban Planning and Construction (“MLMUPC”) together with the Ministry of Justice on 2 August 2019 jointly issued Prakas No. 118 BK/DNS-KY on Procedures and Formalities of Construction Inspections (“Prakas No. 118”).
The purpose of this Prakas No. 118 is to determine the procedures and formalities concerning the inspection of real estate development projects by construction inspectors (i.e. technical officials who are engineers or architects of the MLMUPC).
Prakas No. 118 outlines the role and powers of construction inspectors, the inspection process, the particular projects that may be subject to inspections and the conditions for such inspections.
Once an inspection has been completed, the construction inspectors shall issue minutes of the construction inspection and a report detailing the findings of the inspection. For further guidance, a template form of the minutes and report are attached to this Prakas.
The report after a construction site inspection will include recommendations and proposals from the construction inspectors on measures that can be taken and penalties that may be levied in cases of non-compliance with the construction permit and more generally with applicable Cambodian laws and regulations. Such measures may include written warnings, suspension of the construction site, suspension or revocation of permits and/or licenses, seizure of materials, products, equipment and/or machinery, ordering the removal or rebuilding of construction work, provisional fines and more.
Within 15 working days from the issuance of the report, the competent authorities will then decide on measures and penalties to be levied for cases of non-compliance.
Prakas No. 118 also includes provisions related to recourse against measures or penalties that have been imposed.
If you require any assistance regarding this Prakas No. 118, please do not hesitate to contact us.
The information provided here 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 situations.
Partner & Managing Director
Head of Cambodia Real Estate Practice