House for Sale in Phnom Penh: Home Buyers Guide
If you are considering buying a house for sale in Phnom Penh you may think that the only things you need to think about are the price, the quality, and the location. Yet there are several other things you should familiarize yourself with before you select your new home in Phnom Penh.Realestate.com.kh is here to help - with a step by step guide to choosing the right house for sale in Phnom Penh:What are the types of houses for sale in Phnom Penh?There are a few kinds properties you need to define first before actually deciding on what type to get. In Cambodia, these are generally Shophouses, Villas, Borey Homes and Condominiums.Each type of house is a bit different in terms of physical specs, supply in the market and the kind of ownership available. Depending on the size of your family, your budget and your commute to work - each of these types of properties offer various pros and cons. Also, in regards to home ownership, depending if you're a Cambodian citizen or not, some of these properties may not be available for you to purchase.What are Shophouses?Shophouses, aka townhouses, flats houses, or link houses, are townhouses that are typically characterized by its standard setup, and by facing a main street or road. It has a shop front at the ground floor facing the street and residential areas in the back section of the ground floor, and above the ground floor. Hence the term โshophouseโ.The shophouse units are generally 4 x 16 meters squared in size, and generally 2 or 3 floors high. Shophouses sit together in a row of houses generally.Shophouses located in popular urban areas offer a bonus for families - as the front of the home is easily converted into a restaurant, mart or other small retail venture. Yet, the rest of the home can still be used for the familyโs living. Having said this, you donโt need to have a shop just because you have brought a shophouse.Generally, shop houses will not have front yard or garden, and likely only a small outdoor space behind the home. They wonโt generally have a stand alone fence for security - but they will usually have a very secure front entrance and back entrance, and a protective screen. Car parking is often difficult with a basic shophouse, however many shophouse owners park their motorbikes inside the bottom floor room for security at night. ย There are different types of shophouses. The Khmer-style shophouses have a more traditional design and more basic interior fit outs. While modern or western shophouses have incorporated a more current design and interior decoration and amenities that expats deem as necessities - such as western style toilets, baths, ovens, air con etc. Itโs hard to spot the difference externally because some western shophouses only renovated on the inside.The maintenance and upkeep of shophouses are pretty straightforward and low since the property is sectioned into smaller areas. Itโs also pretty accessible since shophouses tend to be where the foot traffic is. That being said, it can also get noisy as a result of that.Are shophouses susceptible to floods?Because you are on the ground floor, be careful of buying a shophouse in a flooding area. Check with the past owner and neighbours whether or not your new home is prone to flooding. If it is, you had better be prepared when the rains come. If you are buying in a flooding area, this should reduce the price.Can foreigners own shophouses?Not really. Foreigners can only technically own a shophouse through a nominee structure where foreign investors enter into a trust agreement with the owner. The land or property is then held for mortgage. The propertyโs then leased to the foreigner. ย You would need a mortgage agreement, a lease agreement, a loan agreement, and a security agreement. But use this structure at your own risk. This is still a violation against the constitution of the land law in Cambodia. A 3 story shophouse will not have a strata title available for its 2nd and 3rd floor units as it is likely built before this law was implemented (2010) and the owners are unlikely to have filed for strata title creation - therefore, foreigners could not buy is as they could a new condo unit.Learn more aboutย buying a shophouse via nominee structuring. Learn more aboutย different land titles in Cambodia.If I'm a Cambodian, should I buy a shophouse in Phnom Penh with a hard or soft title?For Cambodian citizens who want to buy a shophouse, it's worth noting that many shophouses are sold with a soft title. While soft titles are cheap and fast to obtain, they present risks that may affect ownership rights in the future since soft titles are not recognized on a national level. It's advised that Cambodian citizens secure a hard title for their new shophouse home. This will incur more cost (4% of the properties value, and some bureaucratic fees), but the protection is highly valuable.Note that if the seller canโt offer hard title ownership, or seems reluctant to, there are probably some issues with the title. Due diligence is in order on the buyer's part to find out more about the title and the true ownership of the property before handing over any money.Land Management and Administration Project (LMAP) titles can also be utilized. This is considered to be the safest kind of land title because it utilizes GPS coordinates to allocate land plots for the shophouses. This accurately defines the boundaries of a purchased plot of land. It has no significant difference from hard titles except for the fact that it comes with more detailed information. And the best part is, if you can obtain this type of title, you will be safe from any claims to parts of your property into the future - because you have confirmation of the exact boundaries of your property ownership.Interested in buying a shophouse in Phnom Penh? Check out shophouses for sale in Phnom Penhย now!What are Villas?Villas are houses standing within its own grounds. Villas in Cambodia don't stray too far from this definition as Khmer villas are also detached from other houses and include a yard of its own. Interested buyers might also encounter a further play on these words and hear twin villa and mini villa. These simply mean that the townhouse is semi-detached or smaller, respectively.Khmer villas have yards typically featuring gardens and even trees. The benefit of having a yard space is giving families, especially children and pets, the space is safely play within the security of their property. Villa owners can also use their yards to conveniently park their cars and motorbikes on their property and away from the risks of the busy street. Villas are ideal for buyers/families looking for a quieter, safer, and more private living environment. Some villas in Cambodia even come with swimming pools - a perfect getaway from the hot Cambodian summer right at their backyard!Another upside to owning a villa is that even the smallest villa has plenty of space. There is also a wide array of designs to choose from. These can range anywhere from traditional Khmer, opulent french-inspired styles, to modern refits. Because villas are primarily suited for families/large groups of people, buying villas in more populated (or near commercial) areas present a potential for rental opportunities from family tenants, or a group of shared renters.Are villas susceptible to floods?That depends on where you buy your villa. Be sure to check with the previous owner/seller/neighbors whether or not the area is susceptible to floods during Cambodia's rainy season. It might be wise to prepare for when the downpour arrives if the villa is indeed prone to flooding. However, buyers can use this information to get the villa at a more bargain price.Can foreigners buy villas in Phnom Penh?The simple answer is no. But foreigners may opt to use a nominee structure, similar to a shophouse. But again, doing so will still be a violation against the constitution of the land law in Cambodia. The land law runs across all landed property types and offers no exception.Learn more aboutย buying a villa via nominee structuring. Learn more aboutย different land titles in Cambodia.If I'm Cambodian, should I buy a villa with a hard or soft title?A soft title should be okay if youโre absolutely sure there wonโt be any disputes with the villa ownership. But hard titles are the strongest type of proof of ownership. Itโs an ownership certificate thatโs given by the Land Management and Planning Office (LMAP). It details the information recognized by the cadastral office and the Ministry of Land at a national level. A transfer tax of 4% is usually paid when the property is sold. LMAP titles can also be used to determine exact GPS coordinates of the land plots should anyone dispute the property boundaries/ownership.Check outย villas for sale in Phnom Penhย now!What are Boreys?Borey is characterized by a group of low-rise residential properties located in a gated community. These includes villas, flats, townhouses, shophouses, and even the occasional condominiums. Borey developments have a variety of properties that cater to both individuals and families. It typically has its own infrastructure and services which includes roads, water, electricity, and waste management. But the biggest selling points of a Borey is its huge space and security. It also generally has a more quiet scene because of of its exclusivity.Boreys are a good option since it has immediate access to all the right infrastructure, such as water, electricity and nearby major roads. Borey communities are secure and feature common areas for families to enjoy. The downside is added costs compared to stand alone properties; there may also be a waiting period before you can move into your new home.Can I buy a Borey home if Iโm not a Cambodian citizen?Foreigner nationals are not allowed to buy homes in Boreys because these are predominantly landed properties. Article 8 of the Land Law states that โa foreigner who falsifies national identity to become an owner of land in Cambodia shall be punished as determined under article 251 of this law. Any property bought under these circumstances will be seized as State property without compensation from the State.โ Yet, some boreys do have condominium units available with strata titles fully applicable to foreign buyers. Also, foreign buyers could consider buying a borey home that is landed via a Cambodian nominee.Learn more aboutย buying a borey home via nominee structuring. Learn more aboutย different land titles in Cambodia.Iโm Cambodian, can I buy a house inside a Borey?Cambodian citizens will be able to purchase landed properties in Borey developments with no issues -- provided they satisfy the legal and financial obligations.What documents should I look for when choosing a new house in a Borey development?Many developments will pass themselves off as Boreys. But these fake projects donโt have the necessary approvals and documentation. They simply call themselves a โBoreyโ in their marketing drive. Buyers need to check for five (5) important documents to ensure the quality and credibility of the Borey development.These 5 crucial documents are the hard title, company registration, approved master plan, construction license, and Borey License.Hard Title: You have to look at two classifications of hard titles when dealing with Boreys.The first is the hard title for the whole borey development. This is called a master title - and will cover the entire piece of land on which the project sits. The second one should be hard titles that are subdivided for each residential unit included in the borey. These are called individual titles. A legitimate Borey development should be able to produce both of these hard titles to potential buyers. If they canโt show this, donโt put any money down until they do.Development Company Registration: Development companies will need to register themselves to gain approval from the necessary ministries to proceed with construction. However, construction is not always a sign that theyโve been approved. You can ask to see their company registration just to make sure both the project and the developers can proceed legally.Master Plan Approval: The Ministry of Land Management will need to approve the developerโs Master Plan first by the Ministry of Land Management before construction begins. A credible developer will be able to provide you with it or at least show you a copy.Construction License: The construction company then goes through a thorough background check with the Ministry of Land Management. Boreys must have a single registered construction company building the units and infrastructure to ensure consistency and quality throughout the development. Once this has been cleared, the construction company is then given a license.Borey License: The Ministry of Economics and Finance releases the license for the Borey once everything is in order. This means that the developer has satisfied the requirements of the Government in terms of quality, design, sales plans, and documentation.Learn more about buying the right borey home in theย ultimate Borey Buyerโs Guide, on Realestate.com.kh.Should I buy in a Borey project with a hard title or a soft title?You have to look at the main hard title first when looking at Borey developments because itโs a large-scale project. Ms. Lay Solida, Lawyer at CBL Law Group, said that:โBorey projects should be legal and recognized by related ministries. The most important thing is that the Borey project has the main hard title.โWe still advise Borey buyers to have an individual hard title for their section of the project. An individual hard title for the borey project can be obtained through the appropriate ministries at 4% of the property's price. Once this is obtained, Borey property owners can sleep well that their ownership is secured.Check outย Borey homes for sale in Phnom Penhย now!What are condos?Condominium units exist within a tower building with many residents. Individual unit owners share ownership of the common areas in a condominium, like recreation rooms, playgrounds, gardens, and courtyards. All are welcome to use the common areas, but the individual condo units remain the private ownership of the residents. Condominiums usually have staff on-site to help manage and assist in the needs of unit owners. They also have security and shared parking areas.Condominiums can be great starter homes. It has a manageable space, with management-run amenities and services. This means low effort and time for upkeep by owners. Generally they are located in the inner city, so they also offer convenience and low travel times for inner city workers. They will generally have a nice view above the city, with fresh air and cooler temperatures. A unit in a condominium is also more private than a stand alone home and will have added security services. Condo units in Phnom Penh are normally quite modern in design and contain western style fixtures and interior layouts. Maintenance fees will however be charged to all residents to manage the common areas. There may also be restrictions in terms of remodelling the unit. ย Can foreigners buy a condominium in Cambodia?Foreigners can buy condominium units and gain ownership with a strata title. But they are usually only able to buy in newer condominium developments because developments older than 2010 do not have strata titles yet. They can own up to 70% of the total units in the building. The remaining 30% should be owned by a Cambodian Citizen. The 70% ownership excludes any ownership on units on the ground floor.What is a Strata Title?A law was created back on the 24th of May in 2010 regarding foreign ownership of real properties. This began the issuance of Strata titles. Strata titling basically allows private ownership in co-owned buildings. The conditions are that foreigners are only allowed to own up to 70% of the building, excluding the ground floor. So, this cannot be used to buy a landed house for sale in Phnom Penh. But itโs helpful to know that citizens can benefit from it if they choose to develop a strata-titled property. Strata titles are recognised at the Ministry of Land Management, Urban Planning and Construction - and are as safe as any other hard title in Cambodia.How do I obtain a strata title for a condo in Phnom Penh?Creating a strata title involves the developerโs acquisition of land and obtaining a hard title for it. It is important to note that private unit ownership cannot be directly transferred by way of the original master plan. This can only be done by transferring the collection of the split titles under the ownership and name of the developer.The next step is for the Ministry of Land Management, Urban Planning, and Construction to check the created regulations and practices regarding the insurance and management of the property. Once this is set and approved, a strata title will be released by the department to the developer. This is when the individual titles can already be distributed.The transfer will call for the presentation of personal identification and marital status of the buyer to the Ministry of Land Management, Urban Planning, and Construction. These documents must be in Khmer. The buyer will also need to have their name translated into Khmer because the strata title will be in that language. Buyers can opt to use the services of professional translators and legal assistance to inspect the contract.The title transfer costs 4% of the value of the condo unit. Thereโs also a public service fee for the issuance of each individual strata title under the buyerโs name.Check outย Condos for sale in Phnom Penhย now!What information do I need before buying a House for Sale in Phnom Penh?Conducting a title search before you purchase property is always ideal. This will reveal whether there are legal disputes or discrepancies with the land. The next thing you can do is to gather information about the property through a Commune council official.How can I secure myself from frauds or fake companies?The buyer should ask for a copy of the ID of the companyโs representative if the seller is a company. A notarized copy of the Ministry of Commerce-issued certificate, power of attorney, and a signed resolution by the board of directors that authorizes the representative to deal with the land office is also needed.What happens when a buyer and seller make a deal?An initial 10% deposit is usually made first. The purchase must then be submitted to the Ministry of Land Management, Urban Planning, and Constructionโs district office. This is otherwise known as the Cadastral Office. Both buyer and seller have to make an appearance at the Cadastral Office for the signing and preparation of the required documents.The seller then has to show the original title certificate to the Khan during the deed signing in order to amend it with the new ownerโs name. ย A down payment of 10% payment is given by the seller after this. The total processing time can range anywhere from 20 to 30 days.What are my tax responsibilities?A 4% Transfer Tax is required by the General Department of Taxation. This process usually takes around 1 day. A transfer tax is only required it there is a hard title in place. Both the buyer and seller must return to the Cadastral Office with the transfer tax receipt. They will need to sign a buying and selling form in front of a local authority. The whole process usually takes around 5 days.A soft title does not incur this tax - however, by dodging this cost you may cause yourself more issues in the future.The certificate of title under the new ownerโs name will be released by Municipal Land Office once the Cadastral Office sends all the necessary documents and once 80% of the payment is made by the buyer. The processing time for this step takes around 5 to 21 days.Be aware of scammers!It's important to be aware there are some common real estate scams in Cambodia. Be aware of these when you are searching for a house for sale in Phnom Penh! If anything seems suspicious, seek the advice of an independent real estate agent or lawyer with property law experience.Should I work with a Realtor/Real estate agent when buying a house for sale in Phnom Penh?Cambodia has seen the stabilization of the real estate sector as more security measures are enforced. And this is an important aspect in investment. But since Cambodia is growing rapidly, its policies and enforcement also evolves in a quick succession. This is why working with a realtor is helpful because they are familiar with the ins and outs of the industry. They can offer sound advice and can help you ease your worries on your housing security. They can also give you a good comparison of prices and types of houses to choose from. They also have connections to mortgage professionals who can assist you.Having said that, agents in Cambodia are not all equal - you need toย choose the right real estate agent!We hope this information helped! Now itโs time to search for your dreamย house for sale in Phnom Penhย right here on Realestate.com.kh!