On 11 May 2018, the Ministry of Land Management, Urban Planning, and Construction (“MLMUPC”) issued Prakas (Ministerial Proclamation) No. 087 on Land Development (“Prakas”).
Goals and Purposes. There are a number of goals and purposes with the issuance of this Prakas. This includes safeguarding and managing the quality of land development within Cambodia by determining the technical requirements, as well as improving the green development in addressing the issues of climate changes and disaster prevention, among many other things. This Prakas is applicable to all types of land developments, including both private land and state land, except in the event that there are regulations stipulating otherwise.
Definition. The Prakas defines land development as “the change of the type of land use, the change of the function of the land use zone, the integration and the unification of land parcels, the re-zoning of land, and/or the densification of land use for the purposes of the construction of residential, commercial, service, or industrial buildings, by guaranteeing the organisation of public infrastructures, public spaces, and public services.”
In addition, the Prakas primarily defines what activities are considered as land development, who is considered as a developer, and who the competent authorities are in issuing a decision on this matter.
Licence. Any land development is required to obtain a licence in advance from the competent authority, including any development on land in remote areas, areas which are far away from national roads or railways, or areas of tourism resort sites or heritage sites. There are 12 types of land development projects, which are required to obtain a licence to be issued by the competent authority prior to commencement. These are specifically stated in the Prakas as follows:
Except for zones which are regulated otherwise, the following land developments are not required to have a licence:
The licence has an expiration period of 2 years from the issuing date. It can be extended twice, 1 year for each extension.
Competent Authority. This Prakas classifies the competent authority into 3 categories: (1) Minister of Land Management, Urban Planning, and Construction; (2) Municipal-Provincial Governor; and (3) Town, District, Khan Governor. Depending on the land size of the development, each authority is responsible for issuing a licence. Thus, the applicant is required to file an application to the One Window Service Office corresponding to the above authority in charge.
Requirements. Land subjected to the development must be a registered land. The development must abide by the regulation on land use or master plan for land use of the area where the project is located. Land development projects, with certain exceptions, must fulfill the following requirements:
Rights and Obligations of the developer
State land. A developer shall request for an approval in principle from the Royal Government for the development of state land. Following the granting of the approval, the developer shall apply for a licence to the competent authority in accordance with the provisions of this Prakas.
Dispute. Any person, who is directly affected by the land development project, has the right to file a complaint to the authority in charge of issuing the land development licence.
Penalties. The following acts are considered to be the violations of this Prakas and shall be punishable in accordance with this Prakas:
This alert is for general information only and is not a substitute for legal advice.