NovAsia

Airbnb and Short-Term Rentals in Cambodian Condominiums

A Phnom Penh apartment may rent for USD 650 per month under a normal one-year lease.

A similar unit may be advertised online for USD 55 per night.

Multiplying the nightly price by 30 produces more than USD 1,600 and makes short-term rental appear obviously more profitable.

The owner is not selling 30 identical nights.

They are managing:

When vacancy rises, gross revenue can quickly move closer to ordinary rent while operating expenses remain substantially higher.

The deeper difference is regulatory.

Long-term residential letting and systematic tourist accommodation are not necessarily the same activity.

A strata title gives the owner rights over the private unit, subject to law and the building’s internal regulations.

It does not automatically convert the apartment into a licensed mini-hotel.

This article provides general information, not legal, tax, insurance or tourism-business advice. The correct licensing, FPCS, tax, building and insurance treatment should be confirmed for the specific unit and operator before launch.

A platform is a sales channel, not a permit

Airbnb, Booking.com, Agoda and similar platforms connect hosts and guests.

The platform may verify:

Publishing a listing does not prove:

A platform account answers:

“Can this offer be published?”

Cambodian law and the building’s rules answer:

“Can this service be operated from this apartment?”

An owner should not treat a neighbour’s active listing as legal confirmation.

The neighbour may:

The right to lease a private unit has limits

Sub-Decree No. 126 recognises the private unit as separately owned property and allows the co-owner to use and lease it within the legal and regulatory framework.

That right does not permit use that:

Short-term rentals can increase:

Management may therefore see the activity not only as private income but as a repeated use pattern affecting the whole building.

The owner’s economic interest and the co-owners’ common interest must be reconciled through valid rules rather than informal practice.

When ordinary letting starts to resemble tourist accommodation

Cambodia’s Tourism Law regulates tourism activities and includes tourist accommodation services.

Detailed licensing and classification are handled through the Ministry of Tourism and implementing rules.

The general law does not create one simple nationwide line such as:

The factual model matters.

Indicators of tourist accommodation can include:

The more of these features are present, the harder it becomes to describe the operation as an ordinary residential lease.

A single owner-managed apartment may be treated differently from a company operating 50 units in several towers.

Small scale should not be assumed to create an exemption unless the relevant authority confirms it.

A tourism licence may not be the only registration

The Tourism Law makes clear that a tourism licence does not replace other business, tax or sector requirements.

Depending on the structure, the operating map can include:

The exact combination depends on:

It would be excessive to apply a full hotel checklist automatically to every private stay.

It would be equally unsafe to assume that one apartment creates no regulated activity.

Building rules can stop the model before the state does

Even where the public regulatory framework permits the activity, the building’s internal regulations may restrict short-term stays.

Relevant provisions can include:

A receptionist’s statement that Airbnb is prohibited should be supported by the current rule or valid resolution.

The opposite statement—everyone does it here—is not legal protection.

Rules may also change after purchase.

An investor whose return depends on short-term rental is relying partly on continuing support or tolerance from the building’s governance system.

Residential condos, serviced apartments and condo-hotels are different products

A normal residential condominium is designed primarily for owners and long-term residents.

A serviced-apartment building usually has:

A condo-hotel or rental-pool project is designed around hospitality operation from the beginning.

Airbnb in an ordinary residential tower attempts to add a hotel-like service model to a residential governance structure.

That may be possible.

It is not automatically cost free.

IssueOrdinary condominiumHospitality model
ReceptionResidents and normal guestsRepeated arrivals
Guest recordsLimitedCore operating function
CleaningPrivate arrangementSystematic service
InsuranceResidential baselineAccommodation use
SecurityStable resident accessFrequent guest turnover
TaxRental profileTourism-business profile

A buyer should not apply the nightly rate of a professional serviced apartment to a conventional condominium without comparing:

Foreign guests must be registered properly

The General Department of Immigration uses the Foreigners Present in Cambodia System to record the presence and accommodation address of foreign nationals.

The Tourism Law also requires managers of hotels and tourist accommodation services to register relevant guest information.

A practical operating procedure should state:

The platform does not complete these duties automatically for the owner.

If a property manager says that it handles registration, the management agreement should expressly include:

The owner and operator should not leave responsibility undefined

A common structure is:

After a complaint, nobody considers themselves the legal accommodation operator.

The contract should identify:

An owner can delegate daily operations.

They should not leave legal responsibility entirely ambiguous.

Where the manager relies on its own licence, confirm whether the licence covers:

A long-term tenant cannot automatically create an Airbnb business

An owner may lease the apartment for one year.

The tenant may then list it by the night during holidays.

Cambodian Civil Code principles restrict transfer of lease rights and subletting without the landlord’s permission, subject to the specific agreement and applicable rules.

A lease should therefore address:

Permission to receive ordinary personal guests is not the same as permission to run a continuous short-term-rental business.

The owner should retain control over:

After the lease ends, the tenant should be required to remove all listings and cancel or transfer future bookings lawfully.

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The economics begin with occupancy, not the nightly rate

Assume a nightly price of USD 55 and occupancy of 70%.

For a 30-day month:

30 × 70% × USD 55 = USD 1,155 gross revenue

Deductions can include:

The owner may receive a net result much closer to USD 700–850, or lower, depending on the building and operator.

A long-term tenant paying USD 650 may also cover:

and creates much less turnover.

Short-term rental wins only where occupancy, price and operations remain strong enough to overcome the additional cost and volatility.

Cleaning fees are not automatically owner profit

Some platforms show the guest a separate cleaning charge.

That does not mean the full amount belongs to the owner.

The charge may be paid to:

A low nightly price combined with a high cleaning fee may also reduce conversion or create poor reviews.

The owner should see:

Seasonality can distort the annual model

A high rate during:

is not the annual average.

The forecast should consider:

A new listing often needs an introductory discount to build reviews.

One poor review can reduce future occupancy.

The model should be built month by month rather than from the best weekend.

Many identical apartments create internal competition

A large condominium may contain dozens of almost identical studios or one-bedrooms.

Guests compare:

One manager may operate 20 units in the same building.

That creates allocation questions:

The owner-management agreement should explain booking allocation and conflicts.

Otherwise, the manager can direct demand towards the unit that benefits it most.

Short-term guests create additional common-area cost

Frequent turnover increases:

A building may respond with:

The legality and voting procedure should be reviewed.

The economic issue is real.

Long-term residents do not necessarily want to subsidise a private hospitality business.

A well-run building should calculate incremental cost rather than react only through emotion.

Insurance must match the actual use

A normal residential policy may assume:

Repeated paying guests change the exposure.

The owner should check:

Platform host protection is not equivalent to comprehensive local insurance.

It can have:

Written confirmation from the insurer is stronger than a platform marketing page.

Tax treatment depends on the actual activity

Cambodian tax materials distinguish property-rental tax and accommodation tax.

The correct treatment can depend on:

The operator agreement should answer:

A line stating tax deducted without returns or receipts does not prove compliance.

Foreign owners should obtain current advice for their specific operating model.

Building rules can change after purchase

A building may initially tolerate nightly stays.

Two years later, owners may adopt a 30-day minimum term.

The investor’s model changes immediately.

Whether the new rule can be challenged depends on:

A residential building’s informal tolerance provides less certainty than a condo-hotel or serviced-apartment structure designed and licensed for hospitality.

Short-term-rental history does not always transfer on resale

One buyer may see an active Airbnb operation as a benefit.

Another may see:

A sale may require the parties to close or transfer:

The phrase turnkey Airbnb business should be supported by evidence that the operating system can lawfully transfer.

Worked comparison

Assume:

Long-term lease

Short-term model

The apparent gross advantage may narrow substantially.

If occupancy falls to 45%, the model can become weaker than the ordinary lease while retaining higher workload.

The figures are illustrative.

The purpose is to compare net income and operating risk, not the headline rate.

When short-term rental can make sense

The model is stronger where:

It is weaker where:

What to check before buying for Airbnb use

A focused due-diligence package can include:

Where half the model depends on oral answers, the risk remains high.

Conclusion

A foreign owner’s right to lease a private unit does not automatically include the right to operate a tourist-accommodation business from it.

Cambodia’s Tourism Law treats tourist accommodation services as regulated activity and gives the Ministry of Tourism authority over licensing and standards.

FPCS adds guest-registration obligations for foreign visitors.

Tax and insurance depend on the real operating structure.

The condominium’s internal regulations form a separate gate.

Even a properly licensed operator must comply with the building’s common-property, security and governance rules.

Airbnb can generate more gross revenue than a long-term lease.

The owner should compare net income after:

An active listing is not proof of legal permission.

A stronger strategy is built on written building approval, a confirmed licence route, reliable guest registration, transparent management and appropriate insurance.

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Sources

  1. Kingdom of Cambodia — Law on Tourism, 10 June 2009.
  2. General Department of Immigration — Foreigners Present in Cambodia System.
  3. Royal Government of Cambodia — Sub-Decree No. 126 on the Management and Use of Co-Owned Buildings, 12 August 2009.
  4. JICA Legal and Judicial Development Project — Civil Code of Cambodia, including rules on transfer of lease rights and subletting.
  5. General Department of Taxation — current materials on Tax on Property Rental and Accommodation Tax.
  6. Kingdom of Cambodia — Law on Insurance, 2014.

Frequently asked

Can a foreign owner rent out a Cambodian condominium by the night?

Ownership of a private unit and the right to lease it do not automatically authorise hotel-style operation. The owner should check the building’s internal regulations, tourism-business requirements, guest registration, tax treatment and the legal role of the operator.

Is a licence required for Airbnb activity in Cambodia?

Cambodia’s Tourism Law treats tourist accommodation services as a regulated tourism activity, while detailed categories and licensing are handled by the Ministry of Tourism and local tourism departments. The treatment of one apartment should be confirmed with the competent authority rather than inferred from an active platform listing.

Who registers foreign guests?

The Tourism Law requires managers of tourist accommodation to record guest information, while the General Department of Immigration uses the Foreigners Present in Cambodia System. The operating agreement should identify the person responsible for registration and record keeping.

Can a condominium prohibit short-term rentals?

Use of a private unit remains subject to the internal regulations, safety requirements and the rights of other co-owners. The validity of a restriction depends on the building documents, adoption procedure and the nature of the activity.

How is Airbnb different from an ordinary long-term lease?

Short-term activity involves repeated guest turnover, nightly marketing, check-in, cleaning and hospitality services. It can create different licensing, tax, insurance, immigration and building-management risks.