Construction projects must request Architectural & Structural Design approval from MLMUPC

Phnom Penh’s skyline continued to see new additions to its skyline despite the looming threat of COVID-19. In 2021, projects like the Peninsula Private Residences, PARC 21 Residences, The Peak, R&F City, L’attrait Boeung Keng Kang, and Picasso Sky Garden, are a few of the new developments in different stages of topping out and hand over.

The fast and loose construction practices seen no more than 2 years ago seem to have dissipated after the implementation of the comprehensive Construction Law. But the lack of major accidents has not been a sign the government has stopped modernizing its construction practices.

In late 2021, the Ministry of Land Management, Urban Planning and Construction (MLMUPC) announced the “Procedures for Supervising and Confirming Architectural Design Plans and Construction Assemblies”, requiring project owners/developers to submit their design (along with already established requirements) for approval from the MLMUPC and/or the capital/provincial administration before being granted a construction permit.

New documentation required

Design plan: Refers to technical documents for construction work, including architectural plans, building assembly plans or plans and other technical instructions for construction or dismantling and construction use.

Project review and certification: refers to the inspection, analysis, verification and certification of compliance with construction technical regulations and other applicable regulations of the design project, calculation of technical instructions for new construction work, repair work, remodeling work, demolition work or change of construction use function as a basis for the competent authority or competent official to provide construction permit, repair permit, dismantling permit, construction permit and new construction use certificate.

Necessary documents for applying for a building permit

Pursuant to Article 9 of the Sub-Decree on Construction Permits, in order to be able to apply for a permit, the property owner must attach the following documents: 

• Certificate of ownership of immovable property or certificate of right to use immovable property or temporary title deed
• Land title deed and building location plan in the lot
• Architectural Engineering Design and Project
• Applicant's Cambodian Identity Card
• Application for a construction permit with the signatures of the landlord and the developer. (All construction permit application forms must be made in Khmer and articles in English and French can be attached to the letter of application).

According to the "Construction Law", Article 54 clearly states that the competent authority must take action to stop the construction or dismantling work without a permit in case the construction or dismantling requires a permit.

In particular, in Sub-Decree No. 224 dated December 30, 2020 on the construction permit, it is stated that all the beginning of the construction process of new construction, modification work, installation work and dismantling work, etc. must have a permit to open the site. Construction first.

After receiving the construction permit, the construction owner must apply for another construction permit from the General Department of Construction or from the Board of Governors of the Capital, Province, Municipality, District and Khan according to the size of the construction area. When applying for a permit to open a construction site for construction work, the construction owner must attach the following documents:

• Construction permit
• Construction component design project
• Geological study documents
• Handbook of construction work
• Construction contract
• Other technical documents for construction work
• Documents confirming the signing of the insurance contract, the responsibility for the construction site with the insurance company.

Please also note that at the end of the construction work, the construction owner must apply for a permit to close another construction site from the competent authority.

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