In a significant development for property owners in Cambodia, the Ministry of Land Management, Urban Planning and Construction (MLMUPC) has issued new regulations concerning the registration of co-owned buildings constructed before 19th December 1997.  This article outlines the key points of Prakas No. 050, issued on 19th July 2024, which establishes rules and procedures for this registration process.

Purpose and Scope
The primary objective of Prakas No. 050 is to provide a legal mechanism for registering ownership rights in co-owned buildings constructed before 19th December 1997.  This regulation addresses a long-standing gap in property registration for older structures.

Definition of Co-owned Buildings
The Prakas defines co-owned buildings as structures with multiple owner residents.  These include villas,  semi-detached villas, multi-story flats, condominiums and other types of housing with shared infrastructure.
Importantly, these buildings comprise both privately owned units and common areas for collective use.

Registration Procedures
The registration process will follow two main routes:
– Systematic land registration procedure under Sub-Decree No. 46 (31st May 2002) and its subsequent sub-decrees.
– Additional sporadic land registration procedure, applicable if systematic registration fails.
A notable feature of this Prakas is that it appears to allow individual owners to register their private units independently, without requiring all owners in a co-owned building to register simultaneously.

Required Documents and Process
Owners must submit:
– Original title over housing or other documents proving legal possessory rights
– Application forms
– Identification documents
The original title or possessory rights documents will be rendered null and void and retained by the cadastral administration.  In exchange, owners will receive a certificate of private unit ownership for their part of the co-owned building.

Registration Fees
The fees for this registration process will be determined by a joint prakas between the MLMUPC and the Ministry of Economy and Finance.  As of now, the specific fee structure has not been announced.

Implications and Considerations
This new regulation represents a significant step towards formalizing ownership in older co-owned buildings.  It provides a pathway for owners to secure their property rights, potentially increasing the value and transferability of these properties.
However, property owners should be aware that this process will invalidate their original ownership documents.  It’s crucial to ensure all required documentation is in order before initiating the registration process.