Can Foreigners Buy Property in Cambodia in 2026?

Prepared by the NovAsia Editorial Team

Yes. A foreigner can legally own and register a qualifying apartment in Cambodia in their own name. The property must be a private unit in a co-owned building, it must be above ground floor, the building must have available foreign ownership quota, and the unit must be eligible for an individual strata title.

A foreign citizen cannot directly register Cambodian land, a ground-floor unit under the foreign strata-title regime, or a villa together with its land. Other structures may be used for land-based property, including long-term leasehold, a regulated trust or a Cambodian company. These structures are not equivalent to direct ownership of an apartment.

The correct question is therefore not only “Can a foreigner buy?” It is “What exact right will be registered, and which document will be issued in the buyer's name?”

What foreigners can and cannot own

For an ordinary private investor, a qualifying condominium apartment with an individual strata title is generally the clearest structure.

The 2010 foreign ownership law

The principal law is the Law on Providing Foreigners with Ownership Rights in Private Units of Co-Owned Buildings, dated 24 May 2010.

It allows legally competent foreign individuals and entities to own private units and use common areas, subject to the statutory restrictions. The owner may generally sell, transfer, gift or pass the unit by inheritance in accordance with Cambodian law.

The foreign owner does not acquire ownership of the land beneath the building. Common-area use exists, but the land interest is not held in the same manner as by Cambodian co-owners.

The law applies without a general nationality restriction, but buyers must still comply with entry, identification, banking and source-of-funds requirements.

The floor restriction

English translations of the law state that foreigners may own units “from the first floor up” but not the ground floor or underground floors. Different numbering systems can create confusion.

The practical rule is:

A foreigner may own a unit on a level above the ground-floor level where the building meets the land.

A project may call a level “Level 1”, “Podium” or “Residential Floor 1”. The legal description in the SPA and eventual title must confirm that the unit is above the prohibited ground floor.

The 70% foreign ownership quota

Sub-Decree No. 82 limits foreign ownership to 70% of the total area of all private units in a co-owned building.

The quota is based on area, not simply on the number of apartments.

A large foreign-owned unit consumes more quota than a studio. Therefore, the statement “70% of apartments have been sold to foreigners” may not be an accurate legal calculation.

Before paying, the buyer should obtain written confirmation that quota remains available for the selected unit.

Border-area restriction

Foreign ownership of private units is restricted within 30 kilometres of Cambodia's land borders, subject to statutory exceptions for special economic zones, important urban areas and other government-designated locations.

This restriction normally has little relevance to Phnom Penh but matters in border provinces.

Strata title and freehold are not identical terms

Sales materials often use “freehold” and “strata title” interchangeably, but they answer different questions.

A completed property should have an existing title that can be examined. In an off-plan project, the title usually does not yet exist. The buyer must verify that the project can be converted into a co-owned building and that the SPA obliges the developer to register the individual unit.

What can the foreign owner do with the apartment?

After registration, the owner can generally:

• occupy the apartment;
• rent it out, subject to tax and building rules;
• sell or transfer it;
• gift it;
• pass it by inheritance;
• use common areas in accordance with condominium rules.

The owner must pay building charges and cannot appropriate common property or carry out structural changes without approval. Short-term accommodation may require additional licences or compliance with building rules.

Inheritance is legally possible, but foreign owners should plan how heirs will prove entitlement, which law will apply and where the original title will be stored.

Can a foreigner buy land or a villa?

Article 44 of the Cambodian Constitution and the Land Law reserve land ownership for Cambodian citizens and qualifying Khmer legal entities.

A foreign individual cannot place a Cambodian hard title for land in their own name. A villa, shophouse or commercial building sold together with land must therefore be analysed as separate elements:

1. ownership of the building;
2. ownership or control of the land;
3. duration of the land right;
4. transfer and exit process.

The phrase “foreign freehold villa” requires careful review. It may actually describe leasehold, a trust or company ownership rather than personal land ownership.

Long-term leasehold

Under the Cambodian Civil Code, a perpetual lease can generally be granted for up to 50 years. It may be renewed, but a new term is subject to the legal framework and should not be assumed to arise automatically.

A “50 + 50 years” offer does not necessarily give a guaranteed 100-year right. The second period may be only a contractual promise to negotiate or renew later.

Lease documents should address registration, construction rights, assignment, inheritance, subletting, early termination and renewal price.

Buying through a regulated trust

Cambodia's Trust Law allows property to be held by a licensed trustee for the benefit of a beneficiary. In a land transaction, the trustee may hold legal title while the foreign investor has the contractual and beneficial rights described in the trust instrument.

This can be a lawful structure when properly established, but the foreign investor is not the registered landowner personally.

Verify:

• the trustee's licence;
• registration of the trust;
• exact property covered;
• beneficiary rights;
• trustee replacement procedure;
• reporting and fees;
• tax treatment;
• inheritance and termination.

A trust is usually unnecessary for a condominium that can be owned directly through strata title.

Land through a Cambodian company

A Cambodian company can own land if it qualifies as Khmer nationality under the legal ownership test. In practice, at least 51% Cambodian ownership is generally required.

The foreign investor therefore does not personally own the land and does not hold the majority shareholding. Protection depends on corporate documents, governance rights and the relationship with Cambodian shareholders.

This route creates company-maintenance costs, accounting and tax obligations, partner-conflict risk and a more complicated exit. It is usually excessive for a standard condominium apartment.

Why nominee ownership is dangerous

Registering land in the name of a Cambodian friend or nominee and signing a private side agreement does not make the foreign investor the legal owner.

The nominee remains the registered owner. Death, divorce, debt, fraud or creditor action can place the property beyond the foreign investor's control.

A power of attorney, private loan or unsigned transfer document does not replace registered title and may create additional enforceability problems.

Completed apartment versus off-plan

For off-plan purchases, the buyer should review land control, development licence, construction permit, developer history, completion date, grace period, assignment rights and the consequences if strata title cannot be issued.

Older buildings

Not every apartment in an older building has an individually registered private-unit title that can be safely transferred to a foreigner.

Long occupation and utility bills do not prove separate legal ownership. The buyer should verify the co-owned parcel, unit registration, seller's title, encumbrances and eligibility for foreign transfer.

A very low price may reflect a weak legal position rather than only renovation needs.

Are residency or a company required?

A foreigner does not need to establish a company or become a Cambodian tax resident to purchase a qualifying private unit. The buyer must be legally competent and comply with identification and lawful-entry requirements.

In practice, the transaction may require:

• passport;
• evidence of lawful entry or address;
• marital-status information where relevant;
• source-of-funds documents;
• bank-transfer records.

Buying an apartment does not automatically provide:

• Cambodian citizenship;
• permanent residence;
• a long-term visa;
• the right to work;
• Cambodian tax residence.

Ownership and immigration status are separate.

Typical purchase process

1. Select the project and unit.
2. Confirm foreign ownership eligibility and quota.
3. Conduct due diligence on seller, land and permits.
4. Sign a booking form with clear refund conditions.
5. Review and sign the SPA.
6. Pay only to the verified contractual account.
7. Inspect the unit and prepare a defect list.
8. Complete title registration.
9. Receive the strata title and tax documents.

A 20–30% first payment is not the full investment. The buyer becomes liable for the entire contractual price.

Capital required above the unit price

For an illustrative $70,000 apartment without confirmed tax relief:

The full capital requirement may exceed $78,000. Any 2026 stamp-duty relief should be included only after written confirmation.

What to verify before booking

Before any non-refundable payment, obtain clear answers to the following:

• Who is the legal seller?
• What right does the seller have over the land?
• Is the project properly licensed and permitted?
• What exact title will the buyer receive?
• Is foreign quota available?
• Is the floor legally eligible?
• When will title be registered?
• Is the land mortgaged, and how will the unit be released?
• What happens if completion is delayed?
• Is the booking payment refundable after failed due diligence?
• Can the SPA be assigned?
• Who pays title registration and taxes?

The lawyer should represent the buyer independently rather than also earning a sales commission.

Red flags

Stop or restructure the transaction if:

• direct foreign land ownership is promised;
• a ground-floor unit is marketed as ordinary foreign freehold;
• strata title appears only in a presentation;
• foreign quota is confirmed only verbally;
• the SPA seller differs from the payment recipient without explanation;
• a nominee structure is presented as safe ownership;
• a trust uses an unlicensed trustee;
• “100-year leasehold” depends on an unsecured future renewal;
• SPA schedules will be delivered only after signing;
• ownership is mixed with unsupported promises of residency.

Conclusion

A foreigner can legally buy and register an apartment in Cambodia when it is a private unit in a co-owned building above ground floor, foreign quota remains available and the transaction results in an individual strata title.

Direct foreign ownership of land is prohibited. Villas, land plots and other landed properties require a leasehold, regulated trust or qualifying Cambodian company. These structures introduce additional risks and should not be marketed as ordinary personal freehold.

The safest pre-payment question is: “Which registered document will be issued in my name?” If the answer is only the word “freehold” or an open-ended promise in an SPA, the ownership structure has not yet been demonstrated.

This material is for general information only and is not individual legal, tax or financial advice. Ownership rights, quota, title status and project documentation must be verified for the exact property at the time of purchase.

To receive an updated selection of Phnom Penh apartments eligible for foreign ownership, buyers can request pricing, payment and strata-title information from NovAsia Estate.

Sources

1. Council for the Development of Cambodia — Law on Providing Foreigners with Ownership Rights in Private Units of Co-Owned Buildings, 24 May 2010.
2. Royal Government of Cambodia — Sub-Decree No. 82 on the proportion of private units that may be foreign-owned.
3. Constitution of Cambodia, Article 44, and Land Law 2001.
4. Cambodian Civil Code provisions on perpetual lease.
5. Trust Regulator of Cambodia and professional guidance on regulated property trusts.