How to Accept an Apartment in Cambodia: Checks Before Handover
An apartment in Cambodia should be accepted not as a formal handing over of keys but as a separate stage of the transaction. Before signing the handover documents, the buyer should check the unit itself, the fit-out package, the building services, the common areas, the building documents and the procedure for fixing defects.
The main mistake is assuming that minor issues can safely be recorded after moving in. Some problems really are resolved during the defect liability period, but a signed record with no remarks, a final payment and the start of occupation noticeably weaken the buyer's position. So the inspection, the defect list and the wording of the record have to be agreed before the apartment is treated as accepted.
Legal stages and preparing for handover
Handover, handing over keys and ownership are not the same thing
In practice the word handover is used for several different events at once. The developer may announce that construction is complete, invite the buyer for an inspection, issue the final payment, hand over the keys and later arrange the strata title. These stages are connected but legally not equal to one another.
Physical delivery of the apartment means the buyer gets access to the unit. Acceptance confirms the condition of the property on a specific date. Completion relates to finishing construction under the contract and project documents. The occupancy certificate permits the building to be used. The strata title confirms registered ownership of the private unit.
In a good SPA the order of these events is described directly. In a weak contract the developer decides for itself when the property counts as complete, and an invitation to collect the keys automatically triggers the final payment, the service charge and the warranty period.
| Event | What it means | What it does not guarantee |
|---|---|---|
| Inspection | The buyer checks the unit | That defects have been fixed |
| Handover | Transfer of possession and keys | Issue of a strata title |
| Occupancy certificate | The building may be used | The quality of a specific unit |
| Strata title | Ownership is registered | Absence of defects |
The buyer needs to establish in advance which action counts as legal handover under their SPA. It may be signing the record, handing over the keys, the date of a notice or another event. Payments, the service charge, the risk of accidental damage and the contractual warranty are often counted from that point.
What to read in the SPA before scheduling the inspection
Acceptance starts not at the property but with the contract. Without the SPA it is impossible to understand what exactly the developer has to deliver and what consequences follow the signature.
First check the description of the property: unit number, floor, stated area, layout, balcony, parking space, storage room and share in the common areas. Then look at the annexes with the specification for finishes, furniture and appliances. A marketing render does not replace the contractual list.
The provisions on permitted variation in area deserve particular attention. The SPA may allow a deviation after the final measurement and provide for a price recalculation. You need to understand which area is being compared: gross, net, saleable or another contractual figure. If the area has decreased, do not settle for a verbal assurance that "this is within the norm" — the calculation must follow the contractual formula.
Next, read the block on completion and handover:
- who confirms completion;
- how many days' notice is given;
- how much time the buyer has for the inspection;
- whether a re-inspection can be carried out;
- which defects allow acceptance to be postponed;
- when the obligation to make the final payment arises;
- what happens if the buyer does not attend;
- from which date the service charge is charged;
- when the defect liability period starts;
- how warranty claims are submitted.
If the contract allows the apartment to be treated as accepted automatically after a few days have passed, missing a notice becomes an expensive mistake. A buyer living outside Cambodia needs to appoint a representative in advance rather than looking for one after receiving the developer's letter.
Which documents to request before the inspection
An apartment may look ready even though the building has not yet completed the mandatory administrative procedures. So before travelling to the property, request the documents or a written statement of the status of obtaining them.
The key document is the certificate of occupancy. Article 44 of Cambodia's Law on Construction requires an occupancy permit to be obtained for a building that needed a construction permit, before that building is used. The law also allows temporary occupancy for a safe part of a project if the whole complex is not yet complete.
Sub-Decree No. 226 of 30 December 2020 governs the issue, suspension and revocation of the occupancy certificate. If the developer is handing over apartments under a temporary permit, the buyer should find out which part of the building it covers, how far the rest of the project has progressed and what remains unfinished.
Besides the occupancy certificate it is useful to request:
- the official handover notice;
- a current statement of account;
- the final unit plan;
- the specification for finishes and equipment;
- the building management rules;
- the service charge rate and the date charging starts;
- the procedure for paying electricity and water;
- the warranty policy;
- contacts for the defect team;
- the schedule for arranging the strata title;
- the list of keys, cards and remote controls;
- documents for the parking space or storage room if bought separately.
A buyer will not always be given the building's entire construction archive. But a refusal to show even the status of the occupancy certificate, the building rules and the contractual fit-out package is a serious signal to stop until this is clarified.
Can you accept an apartment before the occupancy certificate is issued
Physically the developer may open access earlier, but using a property without the required permit should not be treated as a normal substitute for completing the procedure. The buyer must distinguish inspection access from actually moving in.
An inspection before the occupancy certificate is issued is useful: defects can be found early, while contractors are still on site. But signing the final record and starting to live there is a different level of risk.
If a temporary occupancy certificate applies, check a copy of it and its boundaries. In a multi-phase project one tower may be fit for occupation while the neighbouring part is still under construction. In that case the buyer needs to understand which common areas are actually available and whether all lifts, the parking, the pool, the access road and the fire systems will work.
The phrase "the certificate is in process" does not answer the main question. You need to know whether the specific building or part of it is already permitted to be used.
Who should take part in the inspection
Accepting the unit yourself is possible, but an owner more often notices cosmetic issues than problems with falls, moisture, electrics and equipment installation. For an expensive apartment, complex services or a remote purchase, it makes sense to engage an independent inspector.
The developer's representative should open the technical areas, switch the systems on and sign the defect list. An agent can coordinate the process but should not be the only person assessing quality on the buyer's behalf.
If the owner is not travelling, the representative's authority is arranged in advance. A video call is useful for oversight, but it does not let you smell damp, check play in a door or hear noise from equipment.
Checking the apartment inside the unit
Where to start the inspection
The check starts not with the finishes but with identifying the property. The number on the door, the floor, the orientation of the windows and the layout must match the SPA and its annexes. An error here is rarer than small defects, but its consequences are far more serious.
Then compare the actual configuration against the plan. Check the position of walls, doors, bathrooms, the balcony, the kitchen, the air conditioners and the built-in furniture. If the plan has changed, the developer must show on what contractual basis this was done.
Area cannot be reliably judged by eye. Where there is a significant difference or a disputed configuration, order a control measurement. The document should make clear whether it measures the internal area, the area to the external outline, the balcony or a share of the walls.
After that, record the initial condition. Take a general video walkthrough and photographs of every room before starting the detailed check. If a dispute arises later, it will be visible which damage existed on the date of the inspection.
Walls, ceilings and floors
On walls and ceilings look for cracks, stains, peeling, traces of repairs and leaks. Photograph any suspicious defect with something for scale: a surface crack in plaster and an opening around a doorway require different assessments.
Check the floor for chips, level differences, damaged joints and hollow spots under the tiles. Check laminate or wood for swelling, gaps and creaking. In a tropical climate, traces of moisture cannot be written off as the covering "still settling".
Windows, doors and the balcony
Windows should open freely and close tightly. Check the handles, locks, seals, glass, frame and traces of water on the reveals. On a high floor, play in a window or damaged glass is already a safety question.
On doors, look at locks, closers and misalignment. On the balcony, look at the railing, the fall, the drainage, the mounting of the outdoor air-conditioning unit and access for servicing it. Water must not run towards the apartment threshold.
Water supply, bathrooms and drainage
Turn the water on at several points at once, checking pressure, hot water, taps, the toilet, traps and flexible hoses. After a few minutes of operation there should be no leak anywhere.
Flood the shower with enough water. It should drain towards the floor gully, not towards the door. Slow drainage, a sewage smell and water on the floor may point to an incorrect fall, a problem with the trap or with ventilation.
On the water heater, check heating, the safety cut-out and access for servicing.
Electrics and lighting
Check every socket, switch, light fitting, air conditioner and built-in appliance. A tester will reveal obvious errors but does not replace an electrician, especially in the bathroom and kitchen.
In the distribution board, look at the labelling of the breakers and whether it matches the actual zones. Then switch on the lights, the air conditioners and the main appliances at the same time. A trip under normal load is recorded as a defect.
Write the number and the starting reading of the electricity meter into the record.
Air conditioners and ventilation
Run each air conditioner for a few minutes and check cooling, noise, vibration and condensate drainage. Water under the unit or a wet ceiling is not normal "running in" but a reason to check the installation.
Outdoor units must be accessible for servicing. In bathrooms and the kitchen, check the extraction. Record equipment models and warranty documents separately.
Kitchen, furniture and appliances
Check the fit-out package against the SPA specification, not against the showroom. Check the model, condition and operation of appliances, photograph serial numbers and include every item in the handover inventory.
In the kitchen, look at hinges, edging, the worktop and the space under the sink. Built-in furniture must not block sockets and access to services.
If a brand or model has been substituted, check the right to make such a substitution under the contract. The words "equivalent quality" require a comparison of specifications, not just external similarity.
Common areas and building services
What to check outside the unit
An apartment does not exist separately from its building. The buyer will depend on lifts, power supply, fire exits, water pumps, security and the work of the management company.
At a minimum, inspect the route from the street to the apartment door. Check the entrance, the security desk, the access system, the corridors, the lighting, the lifts, the stairs and the evacuation exits.
A fire door must not be locked in a way that makes it impossible to open from the inside. There should be no construction debris on the stairs. Exit signs, emergency lighting, alarms and equipment must be installed, not merely drawn on a plan.
Then assess the promised common areas. If the SPA or an annex promises a pool, gym, lobby, parking and garden, you need to understand whether they are ready for use and whether they are part of the handover of the whole phase.
| Common area | What to check | Risk |
|---|---|---|
| Lifts | Number and operation | Long waiting times |
| Fire exit | Access and lighting | Evacuation impossible |
| Parking | Space and rules | No allocated right |
| Pool and gym | Actual readiness | Paying for an unavailable service |
The conclusion after the table is simple: a finished interior does not compensate for a building that does not work. If the shared infrastructure is unfinished, that should be reflected in the documents with a specific deadline.
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Contact usor on TelegramDefect list, the record and the final payment
How to draw up a defect list
A good defect list lets any contractor understand what needs fixing, where and how. The phrase "the bathroom is badly done" is almost useless.
Give every item a number. State the room, the exact location, the description, a photograph and the expected result. For disputed defects, add video or a specialist's opinion.
An example of wording:
D-17. Main bathroom, junction of floor and wall by the shower door. Water escapes beyond the wet zone after five minutes of the shower running. The fall and waterproofing need to be checked and the leak eliminated.
What not to write instead: Water in the bathroom.
It helps to split remarks by priority:
| Category | Example | Resolution |
|---|---|---|
| Critical | Electrical risk, serious leak | Before acceptance |
| Functional | Air conditioner not working | Before moving in |
| Cosmetic | Scratch, uneven paint | By the deadline in the record |
The category should not be decided by the developer alone. If a defect prevents safe use of the apartment or could cause damage, the buyer should obtain an independent specialist's opinion.
Should you sign the record with defects outstanding
Minor cosmetic remarks do not always require refusing handover altogether. An acceptance record with an attached defect list and a written undertaking to fix the defects by a set date is possible.
The key point is the wording. The document must not state "the apartment is accepted in perfect condition with no remarks" while carrying an annex with dozens of defects. If the standard form contains such a phrase, it must be changed or an explicit reservation added.
The record should capture:
- the date and time of the inspection;
- the parties and their representatives;
- the exact unit;
- the list of keys and cards handed over;
- meter readings;
- the list of annexes;
- unfinished works;
- the deadline for corrections;
- the date of re-inspection;
- the consequences of failure to fix;
- the parties' signatures.
Every page of the annex is signed or initialled. After the meeting the buyer receives a signed copy, not a promise to send the document later.
Where there are serious defects, the apartment is inaccessible, basic systems are missing or there is a material deviation from the specification, the question of refusing acceptance should be decided under the SPA with a lawyer. Withholding payment unilaterally without checking the contract also creates a risk of breach on the buyer's side.
Can you withhold the final instalment until defects are fixed
The answer depends on the SPA. Some contracts link the final payment to a completion notice, others to handover, others to the issue of documents or the registration of ownership.
You cannot automatically assume that a scratch you have found lets you withhold 10% of the price. But a requirement to pay in full before any access to the apartment can equally deprive the buyer of practical leverage.
Suppose the unit price is $80,000 and the last 10%, that is $8,000, is payable at handover. If the apartment is broadly fit for use but the defect list contains cosmetic remarks, unilaterally withholding all $8,000 may breach the contract.
If, on the other hand, the electricity does not work, the water system leaks and the agreed fit-out package is missing, the buyer has a stronger basis for arguing that contractual handover has not yet taken place. But that conclusion must rest on the text of the SPA and a legal assessment.
The best protection is created when the contract is signed: a right to a preliminary inspection, a deadline for corrections, a re-inspection and a clear link between the final payment and successful handover. Once the property is finished, this structure is much harder to change.
Warranty, re-inspection and hidden defects
Warranty periods under the law and under the SPA
Article 71 of the Law on Construction sets minimum warranty periods under construction contracts, counted from the handover of the construction works:
- at least 10 years for load-bearing structures of reinforced concrete, composite concrete-steel or steel;
- at least 5 years for external walls, windows, doors and roofs;
- at least 2 years for electrical, plumbing, mechanical and related works.
The periods can be extended by contract, but a shorter limit in a construction contract is treated by the law as invalid.
There is an important limitation here. An apartment buyer signs an SPA with the developer, while the construction contract is usually between the developer and the contractor. It cannot be assumed without analysis that Article 71 gives the buyer a direct and simple claim against every participant in the project to the same extent.
So the SPA must separately establish a defect liability period towards the buyer, the notification procedure and the developer's obligation to arrange repairs. A good contract does not force the owner to chase a contractor with whom they never had an agreement.
The standard phrase "warranty as per the law" is too vague. The buyer needs specific periods, a contact, a procedure and the developer's responsibility.
When the defect liability period starts
The start date of the warranty must be stated precisely. Possible options: handover of the specific unit, completion of the building, issue of the occupancy certificate, transfer of the property from contractor to developer, or the buyer signing the record.
These dates can differ by months. If the contractor handed the building to the developer before the apartment was handed to the buyer, part of the construction warranty may already have run.
The buyer should request written confirmation of the start and end of the contractual warranty for their unit. For appliances, manufacturers' warranties are checked separately. They may start from purchase of the equipment, from installation or from activation, rather than from handover of the apartment.
If the project is delivered in phases, you need to understand whether the overall period starts before your tower is handed over.
How the re-inspection works
Once the remarks have been dealt with, the developer sends a notice that it is ready for reinspection. The re-inspection should not be limited to checking green ticks in a table.
Every defect is checked in reality. Repainted paint must not be hiding a leak that is still active. After tiles are replaced, look at the adjacent areas. After an air conditioner is repaired, run the system again.
New damage is also recorded. Contractors may have scratched a door, damaged furniture or left construction dust during the repairs.
A defect is closed only after confirmation by the buyer or their specialist. A "done" status in the developer's internal system is not the same as acceptance of the result.
If some cosmetic works are moved to after moving in, agree access to the apartment, responsibility for belongings and exact visit hours. Do not leave contractors a permanent key without written controls.
Hidden defects after moving in
Even a thorough acceptance does not find everything. A leak may only appear in heavy rain, a sewage smell only at a certain pressure, and an air-conditioning problem only after long operation.
After moving in it is useful for the owner to keep a defect log. It records the date of discovery, a photograph, the circumstances, the report to management and the reply.
Send the report through the official channel provided in the SPA or the building rules. A verbal complaint to a staff member at reception does not always count as notice.
In an emergency, first limit the damage: shut off the water, switch off a dangerous circuit, inform management. Then document the condition before repairs, if it is safe to do so.
Reworking a system yourself before notifying the developer is risky. The seller may claim that the original cause can no longer be established. The exception is urgent measures to prevent greater damage, but even those need to be documented.
Keys, service charge, rental and remote handover
Handing over meters, keys and access
The handover inventory lists keys, access cards, parking remotes, the mailbox key and digital access. Test the cards immediately at the entrance, in the lift and in the common areas.
For water and electricity, record the meter number, readings, the payment arrangement and any deposit. The furniture inventory should contain the quantity and condition of items, not a general phrase such as "furniture package".
Service charge after handover
The start date of the service charge is often tied to handover or completion. But the buyer needs to understand what they are paying for if part of the building is not yet operating.
Before signing the record, request the rate, the unit of calculation, the area it applies to, the payment period and the list of services included. Ask separately about the sinking fund, parking, water, electricity, internet and insurance of the common areas.
If the pool is closed, half the lifts are not running and the neighbouring tower is still under construction, the buyer is entitled to question the full rate. The answer must be based on the contract and the building rules, not on a verbal promise of a future discount.
Service charge arrears can complicate management, letting and any later sale. Even a disputed invoice cannot simply be ignored — it has to be challenged in writing.
Acceptance where the apartment will be rented out
For letting you need a separate rental readiness check: internet, curtains, basic equipment, locks, lighting and working air conditioners. A furniture package does not always make an apartment fit for immediate occupation.
Handing keys to an agent, a management company or a GRR operator is documented in a record. Handover of the apartment does not necessarily start the rental programme: a management agreement, a complete fit-out and a separate operational opening date may be required.
Remote handover under a power of attorney
Remote acceptance is possible through a representative if the SPA allows it and the power of attorney is in the required form. The authority should cover the inspection, the defect list, receipt of documents and the re-inspection, but should not unnecessarily give the right to change the contract or accept a different unit.
The representative receives the SPA, the plan and the specification, and after the inspection passes on photos, video and the signed documents. If they are connected to the seller, it is better to entrust the technical check to an independent inspector.
Red flags and a practical sequence
Red flags at handover
Red flags look like this:
- you are given a few hours for the inspection and asked to sign the record the same day;
- the defect list exists only in correspondence;
- the status of the occupancy certificate is not disclosed;
- the fit-out package differs from the SPA with no written basis;
- the service charge is charged before access to the apartment;
- a promise of repairs comes with a record stating "no remarks";
- you are not allowed to bring an engineer or switch the services on;
- strata title timing is not separated from handover.
One signal does not always mean the project has failed, but it does require you to stop signing and obtain a written explanation.
A practical acceptance sequence
One to two weeks before the inspection the buyer pulls out the SPA, the annexes and the payment statement. Then they request the building documents, the form of the record and the defect reporting rules.
A few days ahead, an inspector or representative is appointed. They receive the plan, the specification and the equipment list. The buyer prepares their own remarks template so as not to depend on the developer's form.
On the day of the inspection, identification of the unit and the documents are checked first. Then the common areas and the apartment. All systems are tested with water and electricity available. If the basic services are not connected, a proper acceptance is not possible.
After the inspection the parties sign the defect list, but not necessarily a final record without reservations. The document sets a repair deadline and a re-inspection date.
At the re-inspection the defects are closed one by one. Then the keys are handed over, the meters recorded and copies of all signed documents issued.
This sequence can be adapted to the SPA, but the documentary record cannot be dropped from it.
Bottom line: good acceptance protects you not from a scratch but from a badly completed deal
The purpose of handover is not to find the maximum number of small blemishes. The buyer needs to make sure that they are receiving exactly the unit described in the SPA, that the building is permitted to be used, that the main systems work, that the fit-out matches the contract and that any defects found are recorded in writing.
A cosmetic flaw can usually be fixed. It is far more dangerous to sign a clean record when the services do not work, the documents are missing or there is a material discrepancy with the plan.
Cambodian law sets requirements for occupancy and minimum warranty periods for construction works, but the buyer's practical protection still depends on the SPA, the handover protocol and the evidence. So an apartment should be accepted with the same attention that went into checking the contract and the developer.
This material is for information only and does not replace individual legal or technical advice. The acceptance procedure, the right to postpone handover, the final payment and warranty claims must be checked against the specific SPA, the project documents and current Cambodian rules.
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Find a propertyor on TelegramSources
- Kingdom of Cambodia — Law on Construction, Articles 44 to 50 and 67 to 71. Promulgated 2 November 2019. Requirements on occupancy, quality of works and warranty periods were used. Reviewed 25 June 2026.
- Royal Government of Cambodia — Sub-Decree No. 226 on Conditions and Procedures for Granting, Suspending and Revoking Certificate of Occupancy. 30 December 2020. Rules on permanent and temporary occupancy certificates were used.
- Royal Government of Cambodia — Sub-Decree No. 126 on the Management and Use of Co-Owned Buildings. 12 August 2009. Provisions on private units, common areas and the management of a co-owned building were used.
- Kingdom of Cambodia — Civil Code of the Kingdom of Cambodia, provisions on works contracts and the obligation to complete work without defects. Promulgated 8 December 2007; unofficial English translation by JICA.
- VDB Loi — More Details Emerge in Cambodia on Various Types of Construction Permits and the Occupancy Certificate. 22 January 2021. A professional explanation of Sub-Decrees No. 224 to 226 was used.
- DFDL — Cambodia Legal Update: The Construction Law Has Been Promulgated. 8 November 2019. An interpretation of occupancy certificate requirements and defect liability was used.
- DFDL — Cambodia Pointer: Foreign Ownership and Condominiums. 10 February 2014. Provisions on completion of a co-owned building and subsequent strata title registration were used.
Frequently asked
Can you accept an apartment that still has minor defects?
Yes, if they are described in detail in a signed defect list, a repair deadline is set and the record does not state that the unit was handed over without remarks.
Does handover mean the buyer has already been issued a strata title?
No. Inspection, handing over keys, occupancy permission and state registration of ownership are separate stages.
Can you withhold the final payment until defects are fixed?
It depends on the SPA and the seriousness of the defects. Non-payment on your own initiative creates a risk of breaching the contract, so the link between payment and handover must be checked legally.