Legal Update: Construction Permitsithisak law
Issue: No. 010P/21 – 20 January 2021
On 30 December 2020, the Royal Government of Cambodia has issued Sub-Decree No. 224 HNK.BK on the Construction Permit (“Sub-Decree No. 224 HNK.BK”), which abrogates Sub-Decree No. 86 HNK.BK on the construction permit dated 19 December 1997 (“Sub-Decree No. 86 HNK.BK”).
Sub-Decree No. 224 HNK.BK composes of 12 chapters and 54 articles which aims to determine the competence, conditions and procedure for granting construction permit, construction reparation permit, demolition permit, construction site opening permit and the renewal of those permits under the supervision of the Ministry of Land Management, Urban Planning and Construction. This Sub-decree applies to all types of construction except for the types of construction that are governed by separate legal instruments.
This Sub-Decree establishes provisions with the main objectives as follows:
- To classify the category of constructions, reparations or demolition activities which required to obtain construction permit, reparation permit, demolition permit, site opening permit in advance from the competent authorities. The competent authority for the issuance of permits has been given to i). Ministry of Land Management, Urban Planning and Construction, ii). Capital/Provincial Governor iii). Municipal/Khan and District Governor subject to the scale of the construction activities;
- To classify the category of constructions, reparations or demolition activities which are not required to obtain such abovementioned permits from the competent authorities; but, the construction owner shall notify in writing in advance to Chief of commune or Chief of Sangkat where the construction is located; and
- To determine the conditions and procedures of issuance construction permit, reparation permit, demolition permit, site opening permit and the renewal of those permits to real estate development projects.
In addition, please be noted that the permits which have been provided to the construction owner prior to Sub-Decree No. 224 comes into force shall be valid till the expiry date of those permits.
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