On 19 July, 2024 the Ministry of Land Management, Urban Planning and Construction (“MLMUPC”) issued a Prakas on Rules and Procedures on Registration of Private Parts of Co-owned buildings (“Prakas”). The key implication of this Prakas is to provide a legal mechanism for registering legal ownership rights for the respective owners of co-owned buildings constructed before 19 December 1997.
The key highlights of this Prakas are as follows:
1. Legal Framework:
a. Scope of Application: This Prakas applies to all co-owned buildings that were constructed before 19 December 1997.
b. Key Definitions of this Prakas
Private Parts: refers to sections of co-owned buildings designated for exclusive private ownership, use, and management.
Legal Representative: refers to the company board of directors, chief executive officer, company director, or director of a sole proprietorship whose name is registered in the Articles of Incorporation; or a representative agent of a foreign entity created under foreign laws; or managers or chief executive officers whose names are listed in the articles or memorandum of organization; or representatives of an association, leaders of political Parties, or other natural persons whose names are listed in the Prakas or Provisions on Registration or Recognition of Legal Entities.
Co-owned Buildings: refers to buildings or constructions that have multiple owner residents. Co-owned buildings include sections that are exclusively owned by co-owners and shared spaces for collective use by all co-owners. Examples of these types of co-owned buildings include villas, semi-detached villas, multi-story flats, condominiums, and other types of housing with shared infrastructure.
c. Applicable Regulations: Registration of private parts of co-owned building constructed before 19 December 1997, shall be through:
Systematic land-registration procedures: by implementing the same legal procedures as provided in:
Sub-decree No. 46, dated 31 May 2002, on Procedures to Establish Cadastral Index Map and Land Register; and
Sub-decree No. 122, dated 19 June 2016, on Amendments of Article 6,7 & 11 of Sub-decree No. 46 on Procedures to Establish Cadastral Index Map and Land Register and relevant regulations; or
Sporadic land-registration procedures: by supplementing the legal procedures (in case systematic land registration was missed) as provided in:
Sub-decree No. 48, dated 31 May 2002, on Sporadic Land Registration; and Sub-decree No. 121, dated 9 June 2016, on Amendments of Article 9 & 13 of Sub-decree No. 48 on Sporadic Land Registration.
2. Registration Requirements:
a. Application Documents: The application form shall be made in Khmer language, and the supporting documents is not required to be certified by the local authorities.
b. Execution Formality: The execution requirements vary depending on whether the applicant is an individual, sole proprietor, partnership, company, or other legal entity.
Individual Sole Proprietorship Partnership and Company Other Legal Entities
Right-thumb fingerprint or signature directly on the registration form by the applicant.
i. Right-thumb fingerprint or signature;
ii. Full name of the legal representative; and
iii. Enterprise’s official stamp;
i. Right-thumb fingerprint or signature;
ii. Full name of the legal representative;
iii. Enterprise’s official stamp; and
iv. Power of attorney from the shareholders or board of directors, as specified in the memorandum and articles of association, shall also be attached.
i. Right-thumb fingerprint or signature,
ii. Full name of the legal representative,
iii. Enterprise’s official stamp.
iv. Power of attorney from the designated decision-maker of the legal entity shall be attached.
3. Conditions for granting titles: Owners are required to submit the original title over housing, or other documents specifying the legal possessory rights, in exchange for a certificate of title over the private part of the co-owned buildings. The original title over housing, or other documents specifying the legal possessory rights, will be rendered null and void and retained by the cadastral administration.
4. Registration Fee: Registration of the private parts of the co-owned buildings will require a registration fee, which is to be determined by the Ministry of Economy and Finance and MLMUPC.
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