The Ministry of Land Management, Urban Planning and Construction (“MLMUPC”) issued a new Prakas No. 109 on 22 November 2021 on the Formalities for Certification Work of Architectural Design and Structural Design (“Prakas 109”).
The purpose of this Prakas 109 is to regulate the formalities of inspection and certification works in order to implement the Sub-Decree No. 225 on the Condition and Procedures of Construction Inspection and Certification issued on 30 December 2020.
This Prakas 109 sets out the classification, types and sizes of the building that required the inspection and certification of the drawings as a mandatory and voluntary basis. The inspection and certification are required for the construction in which the construction permit is issued by the Minister of the MLMUPC and the Capital/Provincial Governor while voluntary inspections are for religious buildings in which the construction permit is issued by the Capital/Provincial Governor or for the construction in which the permit is issued by the Governor of Khan/District levels.
The Prakas 109 distinguishes the inspection and certification of architectural design and the inspection and certification of structural design.
For the inspection and certification of architectural design, it shall be carried out before applying for a construction permit, a repair permit, a demolition permit or a new occupancy certificate. For the inspection and certification of structural design, it shall be carried out before applying for a construction site-opening permit for the new construction, modification and demolition works or before applying for a repair permit for the repair works.
In order to carry out its mission, the construction inspector and certifier shall enter into a service contract with the construction owner. The fee of the certified shall depend on the agreement between the parties. A template of contract is appended to this Prakas 109.
After the construction inspection and certification works were done, a report of the inspection and certification and a compliance certificate shall be issued and provided to the owner of the building in case the drawing has fulfilled all the requirements of the inspection and certification.
This Prakas 109 also highlight the roles and duties of the certifier for the inspection and certification works of architectural and structural designs.
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.
Head of Cambodia Real Estate Practice