How Foreigners Can Buy a Resale Condominium in Cambodia

Prepared by the NovAsia Editorial Team

Foreigners can buy resale condominium units in Cambodia, but only where the legal structure allows direct foreign ownership and the transfer can be registered in the buyer's name. The safest transaction is not simply a purchase of keys and furniture. It is a controlled exchange in which the buyer receives a valid registered right while the seller receives the agreed funds.

Before paying a non-refundable deposit, the buyer should verify the seller, the individual title, the co-owned building, the foreign quota, encumbrances, unpaid management charges, taxes, any existing tenancy and the registration procedure.

A completed building does not automatically solve these issues. Some completed units still circulate through assignments of sale and purchase agreements rather than registered title transfers. Others may have been handed over physically while the individual strata-title process remains incomplete.

This article provides general information, not individual legal, tax or investment advice. A resale purchase should be handled by an independent Cambodian lawyer who represents the buyer rather than the seller, agent or developer.

What is actually being sold?

A resale unit is a property whose rights have already been acquired by an earlier buyer or owner and are now being transferred to the next buyer.

In practice, buyers encounter four different situations:

• the seller already holds an individual strata title;
• title remains registered to the developer and must first be transferred to the original buyer;
• the seller has paid in full but the individual-title process is incomplete;
• the seller is transferring contractual rights under an SPA.

Only the first is a conventional resale of a titled condominium unit. The second and third may require developer participation or an additional cadastral step. The fourth is generally an assignment of contract rights, even when construction has already finished.

The distinction matters because the buyer's protection, completion procedure, taxes and payment sequence differ.

A finished apartment in an older building, serviced residence, aparthotel or converted shophouse is not necessarily an eligible condominium. Foreign ownership depends on the building's legal registration and the existence of an individual private-unit title that can be registered to a foreign buyer.

What ownership document should a foreign buyer receive?

Cambodian law permits qualifying foreigners to own private units in co-owned buildings subject to statutory restrictions.

The unit should normally satisfy all of the following:

The foreign quota is generally calculated by area, not by number of apartments. Up to 70% of the total private-unit area in a qualifying building may be foreign-owned.

A copy of the title should be checked against official cadastral records. The lawyer should verify:

• registered owner's name;
• Khmer and Latin spelling;
• title and cadastral numbers;
• unit number and floor;
• registered area;
• building and land references;
• mortgages, attachments or other encumbrances.

A management-company letter, payment receipt, original SPA or handover certificate may explain the history of a unit, but none should be treated as a substitute for a valid private-unit title where the transaction is presented as a completed titled resale.

Verify the seller before negotiating the final price

The first legal question is not how much the seller wants. It is whether the seller has the authority to transfer the right being offered.

For an individual seller, compare the passport or Cambodian identity document with the registered title. The Khmer spelling in official records may be especially important.

Where there are co-owners, all relevant owners should sign or grant a valid power of attorney. One joint owner cannot normally sell the entire unit alone.

Marital-property issues should also be reviewed. Depending on how and when the unit was acquired, spousal consent or additional documentation may be necessary even where only one name appears in the title file.

If the registered owner has died, the sale should not proceed on the basis of family consent alone. The person signing must have completed the necessary succession or estate procedure and have legal authority to transfer.

Where the seller is a company, verify:

• current corporate registration;
• directors and shareholders;
• constitutional documents;
• the authority of the signatory;
• a valid corporate approval for the sale;
• tax standing where relevant;
• ownership of the unit;
• company seal requirements, if any.

An agent with access to the apartment is not automatically authorised to receive the deposit, sign the sale contract or release original documents. Those powers must be documented separately.

What independent legal due diligence should cover

Due diligence should be completed before the deposit becomes non-refundable, or the deposit agreement should expressly allow a full refund if the legal conditions fail.

A buyer-side legal review should address at least:

• authenticity and current status of the private-unit title;
• registered ownership;
• title history;
• mortgages and security interests;
• court attachments or disposal restrictions;
• pending disputes;
• legal status of the co-owned building;
• availability of the foreign quota;
• correspondence between the physical unit and title;
• unpaid taxes;
• management-company arrears;
• seller authority;
• existing leases;
• rights of third parties.

Ask for a written due-diligence report, not only an oral statement that “everything is clear”. The report should identify documents checked, searches performed and limitations.

Extra caution is appropriate for old apartment buildings and properties whose title history is unusual. Rules and registration practice for older condominium stock may not be as straightforward as the modern co-owned-building framework. A lawyer should confirm that the exact unit can be transferred to this foreign buyer through the competent cadastral office.

A visual inspection of a title document is not enough where the lawyer cannot verify the underlying official record.

Recheck the foreign quota for every transfer

The fact that the current owner is foreign does not eliminate the need to check the quota.

A transfer from one foreigner to another may not increase foreign-owned area in economic terms, but the cadastral authority must still accept the new registration and confirm that the building's foreign-ownership record is correct.

Where a Cambodian owner sells to a foreign buyer, the transfer increases the foreign-owned area and available quota must exist.

Request:

• building-level ownership data;
• current calculation of foreign-owned private-unit area;
• confirmation of the unit's current classification;
• written confirmation of registration feasibility;
• a deposit-refund condition if foreign registration is not possible.

Do not rely solely on an internal spreadsheet maintained by an agent or building manager. Other pending transactions may not yet appear, and quota calculations can be wrong.

The risk should remain with the seller until successful registration, rather than shifting to the buyer after the purchase price is paid.

Check management debts and the financial health of the building

A clean title does not reveal every financial issue connected with the unit or condominium.

Obtain a written management statement covering:

• service charges;
• sinking or reserve fund;
• electricity and water;
• parking;
• internet;
• access cards;
• fines;
• special assessments;
• common-area repairs;
• tenant arrears, where relevant.

The sale contract should state that all liabilities arising before completion are the seller's responsibility and that the buyer assumes recurring charges only from the agreed handover or completion date.

Also review the building itself:

• current service-charge rate;
• basis on which it may increase;
• management budget;
• reserve-fund balance;
• planned major works;
• lift and generator condition;
• fire-safety systems;
• insurance;
• disputes involving management or owners;
• restrictions on short-term letting and pets.

A discounted apartment in a building with an empty reserve fund may become expensive when owners are asked to finance lift replacement, facade work or major plant repairs.

Inspect the apartment as an operating asset

Legal title does not prove that the unit is physically sound.

A technical inspection should cover:

• air-conditioning;
• windows and water ingress;
• mould and damp;
• electrical system and sockets;
• water pressure;
• hot water;
• drainage and odours;
• washing machine;
• kitchen extraction;
• doors and locks;
• balcony drainage;
• furniture and appliances;
• meters;
• internet signal;
• noise;
• neighbouring construction.

Inspect in the evening and, where possible, after heavy rain. A daytime viewing may not reveal nightlife noise, generator vibration, smells, weak evening internet or a flooded access road.

Compare the physical unit with the title and sale documents. Confirm the floor, unit number, registered area, balcony and any parking arrangement.

Parking is often misunderstood. A space may be separately titled, part of common property or merely allocated under building rules. Do not pay an additional price for “included parking” without documentary support.

For a furnished sale, attach a detailed inventory with photographs, appliance models, serial numbers where useful and condition. “Fully furnished” is not a sufficient completion standard.

Buying with an existing tenant

A tenanted resale can provide immediate income, but the lease must be reviewed before the purchase.

Check:

• lease term;
• rent;
• security deposit;
• prepaid rent;
• early-termination rights;
• utilities;
• subletting;
• arrears;
• damage;
• transfer of the lease to a new owner;
• exclusive property-management agreements;
• next payment date.

The seller should transfer the tenant's security deposit to the buyer or credit it through the completion statement. Otherwise, the new owner may later owe money that was retained by the seller.

Where the buyer wants vacant possession, the sale should be conditional on lawful vacancy by a specified date. An oral promise that the tenant “will leave soon” is not sufficient.

The buyer should also confirm whether a rental operator has an exclusive agreement that survives a change of ownership.

How to value a resale unit

The asking price is not the market value. A seller may be influenced by the original purchase price, remaining loan, furniture cost, urgency or personal expectations.

Compare the unit with:

• other units in the same building;
• similar floors and views;
• unsold developer stock;
• competing new projects with instalments;
• actual rental evidence;
• age and condition of furniture;
• service charges;
• building age;
• expected liquidity.

Where the developer still sells similar units with instalments, new furniture and incentives, a private resale seller must compete with that package.

Calculate total acquisition cost:

Purchase price + transfer tax + legal fees + cadastral charges + repairs + furniture + inherited costs + vacancy

A unit that appears USD 5,000 cheaper may become more expensive after replacing air conditioners, clearing arrears and losing rental income during repairs.

The valuation should be independent of the agent whose commission increases with the sale price.

The resale sale and purchase agreement

The contract should make payment conditional on successful legal completion.

It should identify:

• buyer and seller;
• passports or identity documents;
• exact unit;
• title number;
• area;
• price and currency;
• deposit;
• completion procedure;
• payment method;
• taxes and fees;
• foreign quota;
• absence of encumbrances;
• management arrears;
• tenant status;
• furniture inventory;
• vacant possession, if required;
• original documents to be delivered;
• default and refund rights;
• governing law and dispute mechanism.

The buyer should be able to terminate and recover the deposit where:

• the title is not verified;
• the seller lacks authority;
• a mortgage or attachment cannot be discharged;
• foreign registration is not possible;
• agreed vacant possession is not provided;
• identified arrears are not settled;
• the cadastral office refuses registration because of the seller or property.

Do not send a deposit to an agent's personal account without a clear legal basis, documented authority and written refund terms.

Taxes and transaction costs

Cambodian registration tax on transfers of immovable-property ownership or possessory rights is generally described as 4% of the applicable tax-assessed base. The tax base may differ from the private contract price.

The parties often negotiate who bears the economic cost, but that commercial agreement should be written clearly.

Other costs may include:

• cadastral fees;
• buyer-side legal fees;
• translation and certification;
• bank charges;
• management clearance letters;
• agency commission;
• power-of-attorney costs;
• technical inspection;
• repair and inventory preparation.

Outstanding annual property tax and other historic seller liabilities should be settled before transfer. Request evidence and allocate any later-discovered liability in the completion documents.

As at June 2026, implementation of Capital Gains Tax on immovable property had been postponed to 1 January 2027. This is primarily a seller-side issue, but unresolved tax obligations can still delay or complicate completion.

Tax relief, valuation rules and filing procedures change. Obtain an up-to-date calculation from a Cambodian tax adviser rather than relying on an old marketing estimate.

Structure payment around registration

The most dangerous structure is full payment under a private contract followed by an open-ended promise that the seller will register the transfer later.

A safer sequence may include:

1. A modest conditional deposit.
2. Completion of legal due diligence.
3. Signing the final sale agreement.
4. Management and tax clearances.
5. Preparation of cadastral-transfer documents.
6. Payment of an agreed portion at filing.
7. Retention of a final amount until registration is confirmed.
8. Delivery of keys, originals and possession.

The exact sequence depends on local cadastral practice and the parties' agreement. The buyer's lawyer should control the document flow and release conditions.

Where an escrow or client account is used, verify who operates it, under what authority and on what release terms. Calling an agent's personal account “escrow” does not protect the buyer.

For international transfers, use a clear payment reference and maintain source-of-funds evidence. Banks may request the SPA, passport, account details and evidence of how the money was accumulated.

Large cash payments create proof and financial-compliance problems. A banking trail is generally preferable.

Registration and the completion file

The cadastral-transfer package varies by case but may include:

• original private-unit title;
• transfer or sale instrument;
• passports and visa documents;
• Khmer spelling or translation of names;
• photographs;
• tax receipts;
• applications;
• power of attorney;
• foreign-quota evidence;
• marital-status documents where required.

Government service tariffs and digital processes change, so old private-blog estimates should not be treated as current official fees or timelines.

At completion, the buyer should receive:

• title or official confirmation registered in the buyer's name;
• original sale agreement;
• tax receipts;
• cadastral receipts;
• management clearance;
• furniture inventory;
• keys and access cards;
• meter readings;
• tenant deposit, if applicable;
• appliance warranties;
• service-charge records.

Receiving the keys is not the same as receiving registered ownership.

What to do immediately after completion

Notify management and update:

• owner name;
• passport and contact details;
• emergency contact;
• billing address;
• tenant information;
• parking;
• access cards.

Confirm the date from which service charges are allocated and make sure no historic balance remains in the building system.

Where the unit is rented, notify the tenant formally and update the management agreement and payment instructions. Rent and the tenant deposit should no longer flow to the seller.

Where the owner will live in the apartment, make sure the residence address is properly recorded through the applicable foreigner-registration process.

Store the original title securely. Keep encrypted electronic copies, translations and the full transaction file separately.

Red flags

Pause or walk away where:

• the original title is unavailable;
• the seller's name does not match;
• a relative signs without authority;
• foreign quota is confirmed only by the agent;
• title is promised only after full payment;
• management refuses to issue an arrears statement;
• full payment is demanded before cadastral filing;
• a mortgage exists without a discharge mechanism;
• the tenant deposit is ignored;
• the physical unit does not match the title;
• advertised area exceeds the registered area;
• funds are directed to an unexplained personal account;
• historic debts are left unresolved;
• the deposit is non-refundable even if registration fails;
• the seller demands completion before due diligence.

A large discount does not compensate for ownership that cannot be registered.

Conclusion

A resale purchase can be more transparent than buying during construction because the building exists, management can be observed and rental competition can be measured. But physical completion does not guarantee legal completion.

A foreign buyer should acquire only a private unit that can be registered in the buyer's own name. That requires verification of title, seller authority, foreign quota, encumbrances, taxes, management debts and the co-owned-building status.

The sale contract should link payment to successful registration rather than turn the buyer into an unsecured creditor of the seller. The transaction is complete when the buyer has registered ownership, original documents, keys and a clean settlement—not merely when the apartment is handed over.

Sources

1. Law on Providing Foreigners with Ownership Rights in Private Units of Co-Owned Buildings, 2010.
2. Sub-Decree No. 82 on the Proportion and Calculation of Private Units Owned by Foreigners.
3. Sub-Decree No. 126 on the Management and Use of Co-Owned Buildings.
4. General Department of Taxation — stamp duty and immovable-property tax materials.
5. Ministry of Land Management, Urban Planning and Construction — cadastral services and 2026 public-service tariffs.
6. DFDL — Cambodian foreign ownership and strata-titling commentary.
7. Tilleke & Gibbins and PwC Cambodia — older condominium registration and 2026 Capital Gains Tax timing.

Frequently asked

Can a foreigner buy a completed condominium from another foreign owner?

Yes, provided the seller is the registered owner, the unit is in an eligible co-owned building and the transfer can be registered without breaching the building's foreign-ownership quota.

Does a completed building mean the unit already has a strata title?

No. A seller may still hold only an SPA, a handover record or an incomplete registration file. The legal nature of the seller's right must be checked before any deposit becomes non-refundable.

Should a buyer pay a non-refundable deposit before legal due diligence?

That is high risk. The deposit should be refundable if title, seller authority, foreign quota, encumbrances or the buyer's ability to register ownership cannot be confirmed.