The Formalities & Procedures of the MLMUPC to Issue a Construction Permit (Jul 2022)

1. INTRODUCTION

In Cambodia, three institutions have the authority to issue construction permits:

• The Minister of the Ministry of Land Management, Urban Planning and Construction;
• The Governor of the Board of Governors of the Capital & Provinces; and
• The Governor of the Board of Governors of the Municipalities, Districts or Khans.

This newsletter covers only the formalities and procedure for the issuance of construction permits at the Ministry of Land Management, Urban Planning and Construction (“MLMUPC”) based on the new Prakas No. 013 DNS/Br.K/Ni.K issued on 20 January 2022 (“PK 013”). PK 013 consists of 7 Chapters and 23 Articles, and its annexes consist of the official application forms. Furthermore, this Prakas aims to regulate the formalities and procedures of the issuance of construction permits for real property development under the jurisdiction of the MLMUPC, specified in Article 4 of Sub-Decree 224 HNK.BK which was promulgated on 30 December 2020.

The Minister of the MLMUPC is authorized to issue construction permits and demolition permits for constructions of the following nature:

• All constructions with a floor size of over 3000 square meters;
• Reconstruction, Additional Construction or Renovation which will be constructed on a total floor size over 3000 square meters;
• All buildings with over 11 floors, including the ground floor;
• All constructions with a basement with a depth of more than 5 meters;
• Ground retaining walls with a height of over 5 meters
• Flammable and hazardous materials such as a station or depot which sells or distributes petroleum, gas or other petroleum products such as fuel storage bags, tanks or flammable gases, and including other workplaces with flammable products;
• Water storage tanks or containers with a height of over 15 meters or with the capacity to store over 50 cubic meters;
• All Constructions for sports, tourism and culture e.g. Stadiums, Golf Courses, Racetracks, Amusement Parks, Swimming Pools, Museums, Theatres, Conference Hall and Cinemas;
• Constructions that are located in an area of environmental protection, cultural protection, that are protected for historical significance, or other protected areas;
• Buildings, Towers or Constructions in Passenger Terminals, Railway Stations, Ports, Airports and Hydropower Stations which do not fall under the part of the road structure or part of the water works;
• Building Constructions, Towers or Gates at the International border;
• Telephone antenna towers and radio or television station antennas;
• Any construction which is not a building but has a height over 30 meters.

2. PROCEDURE

Should a construction fall under the jurisdiction of the Minister of the MLMUPC, the owner, either an individual or a legal entity, can apply for a construction permit at the one window service of the MLMUPC and may apply for an extension of validity of the construction permit only once. The internal process of the issuance of the construction will take at least 45 days after the one window service has ISSUED the receipt of the application. If necessary, the MLMUPC may assign officer(s) to conduct an on-site investigation of the construction design.

3. REQUIRED DOCUMENTS

The construction owner, as an individual, is required to file the application form with the following documents (certified by the competent authority) when requesting the issuance of a construction permit:

Furthermore, should the construction owner be a legal entity, they are required to attach further documents relating to the Construction Owner’s Identification documents, along with the 2 copies of the Memorandum and Articles of Association; other than for Non-Government Organizations or Associations.

Please be aware that after obtaining the construction permit, the construction owner shall apply for an opening construction permit. Once the construction has been completed, they shall apply for a closing construction permit/certificate of occupancy, to be legally entitled to use the construction or have the construction used.