Building permit issued by the Minister of Territorial Development, Urban Planning and Construction: Formalities and Procedures

On January 20, 2022, the Ministry of Regional Planning, Urban Planning and Construction (“MLMUPC“) issued Prakas No. 013 on the formalities and procedures for issuing the building permit by the Minister of Territorial Development, Urban Planning and Construction (“Prakas 013“) which lays down the formalities and procedures for issuing building permits and extending building permits by the MLMUPC for the purposes of the application of sub-decree No. 224 ANKr.BK of 30 December 2020 relating to building permits ( “Sub-Decree 224“).

Prakas 013 is applicable to construction works which are subject to the requirement of a building permit from the MLMUPC as provided in Article 4 of Sub-Decree 224.

  1. Request for a building permit

According to Prakas 013, the building permit application must be made by the building owner (or his authorized legal representative). The prescribed form of the letter of request along with the required supporting documents (including the architectural plan, the certification report thereof and the certificate of conformity) are provided in detail in the Prakas. Application documents must be prepared in the local language (Khmer). The translation of the original documents into English must be notarized by a notary public. A copy of the original documents must be certified by the local authorities or notarized by a notary public.

In the event that the construction project began before the issuance of a building permit, the application file must also include:

  • A construction work inspection and assessment report issued by the construction certifier; and
  • A copy of the fine payment receipt issued by the building inspection officer.
  1. Building Permit Process

The building permit application must be submitted to the one-stop shop of the MLMUPC. The one-stop service desk manager will review the application to ensure it is complete and correct. Only complete and correct applications will be accepted for further processing by the one-stop shop.

The complete building permit application will be reviewed, verified and assessed by the General Directorate of Construction and the General Directorate of Cadastre and Geography of MLMUPC. The MLMUPC will rule on the request within 45 working days from the date of receipt of the complete file by the one-stop shop. The MLMUPC may also conduct an on-site inspection during the application review period.

Details of the process for issuing a building permit are provided in Chapter 3 of Prakas 013.

  1. Building permit for real estate development project

For the building permit application for a real estate development project, in addition to the documents required for a normal building permit application, the following documents are required:

  • Land use planning license/permit issued by competent authority; and
  • Territorial development master plan issued by the competent authority.

Building permits for a real estate development project can be requested by the owner of the construction in stages in accordance with the development master plan as indicated in the development licence/permit.

The process for issuing a building permit for a property development project is the same as the process for applying for a normal building permit as stipulated in Chapter 3 of Prakas 013.

  1. Extension of building permit

Please note that a building permit is issued for a certain fixed period. Within 30 days preceding the expiry of the period of validity of a building permit, the project owner (or his authorized legal representative) must send a request for extension to the one-stop shop.

In case of modification of the application documents already submitted for the issuance of the initial building permit, the developer (or his authorized legal representative) must submit additional documents in connection with this modification. The extension of the building permit will only be granted once.

If you have any questions about the above, please do not hesitate to contact our team members below who will be happy to assist you.