Sub-decree No. 224 on Construction Permits

Bun & Associates Real Estate Alert

Jan, 2021

On 30 December 2020, the Royal Government of Cambodia (“RGC”) has issued Sub-decree No. 224 on Construction Permits (“Sub-decree No. 224”), a long-awaited update on Sub-decree No. 086 on Construction Permits dated 19 December 1997 (“Sub-decree No. 086”). As a preamble, Sub-decree No. 086 will not be entirely replaced by Sub-decree No. 224 but only those provisions under Sub-decree No. 086 that contradict with Sub-decree No. 224 will be abrogated. The Sub-decree No. 224 is an attempt by the RGC to codify construction-related permit applications issues which were silent in the Sub-decree No. 086 and were supplemented by the practices according to each of the land offices, in order to guide the real estate and construction sectors to comply with the Law on Construction dated 2 November 2019 (“Construction Law”). Construction permits under Sub-decree No. 224 refer to permits for construction, including reconstruction, renovation and demolition and any undefined technical terms stated in Sub-decree No. 224 could be referred to the Construction Law’s glossary.

Here are key highlighted provisions from Sub-decree No. 224:
a. The Ministry of Land Management, Urban Planning and Construction (“MLMUPC”) shall have the jurisdiction to review applications and issue construction permits for the construction of construction spaces with a size more than 3,000 m2 or a height is more than 11 floors, whereas the provincial or municipal authorities with their respective land office counterpart shall have the jurisdiction over construction permits for the construction of construction spaces with a size equivalent to or less than 3,000 m2 and a height of or less than 11 floors. The district or khan authorities with their respective land office counterpart shall have the jurisdiction over construction permits for the construction of construction spaces with a size equivalent to or less than floor space of 500 m2 or a height of or less than 4 floors.
 

b. The construction permits related to a reservoir with a capacity more than 50 m3 and any construction located within protected areas or historical and heritage zone shall fall within the jurisdiction of the MLMUPC as well.
 

c. A repair work of construction with construction permit shall obtain a reparation permit unless it is a light repair work such as replacements of any old, dilapidated parts that may eventually cause an accident, improvements, and interior installations of materials and equipment by preserving the aesthetics and original shape, without affecting the construction structure.
 

d. A construction site opening permit is still a requirement for the commencement of construction work or repair work with a construction permit as imposed under Sub-decree No. 086.
 

e. A land development permit is a condition to the application of a construction permit for a property development project.

f. Any splitting of a Borey development project into smaller and multi-phased projects in order to avoid more stringent construction permit requirements are now prohibited.

g. Forging or counterfeiting a construction permit and other permits under Sub-decree No. 224 or supporting document(s) for application of permits under Sub-decree No. 224 shall be penalized in accordance with the Criminal Code dated 30 November 2009.

In full: https://www.bun-associates.com/real-estate-alert-sub-decree-no-224-on-construction-permits/

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