NovAsia

How to Buy a Resale Apartment in Cambodia from a Private Owner

NovAsia · updated July 22, 2026

Prepared by the NovAsia Editorial Team

Buying a completed apartment can appear simpler than purchasing off plan. The building already exists, the unit can be inspected, rental history may be available and a private seller may negotiate the price. The resale market nevertheless has its own risks. Ownership may have moved through informal documents, the original title may be held by a bank, the apartment may be occupied, the building may have unpaid charges, and the furniture shown in the listing may not match what the seller believes is included.

A safe purchase requires three workstreams to run together:

  1. Legal review of ownership and the seller.
  2. Technical and financial review of the apartment and building.
  3. A controlled exchange of money for registered ownership.

Viewing the unit does not replace a registry search. A signed contract does not replace cadastral registration.

First determine what is actually being sold

The word *apartment* may refer to:

For a foreign buyer, the central distinction is between direct ownership of an eligible registered private unit and every alternative structure. Cambodian law permits foreigners to own qualifying private units above the ground floor in registered co-owned buildings, but does not permit direct foreign ownership of land.

A marketing phrase such as “foreigner freehold” needs documentary support:

If the seller is transferring only their position under the original developer agreement, the transaction is an assignment rather than a conventional resale of registered title. Developer consent, fees and direct participation may be required.

Where the certificate remains in the developer's name, the private seller may have paid in full and occupied the unit without being the registered owner. The buyer must establish whether the structure will be a direct developer-to-buyer transfer, a double registration, an assignment, or first registration to the seller followed by a second sale.

Title review means checking the register, not merely inspecting paper

The original certificate matters, but it does not alone prove that there is no later entry, restriction, mortgage or duplicate.

A proper review should establish:

Cambodia's Ministry of Land Management, Urban Planning and Construction administers cadastral services and private-unit registration. Published service standards are useful, but they do not guarantee that every resale will finish within the same period. Foreign documents, mortgage discharge, tax, spelling discrepancies and an incomplete file can add time.

A Cambodian lawyer or other competent professional should conduct the search through the appropriate cadastral office. A copy supplied by the seller is only the starting point.

A QR code or digital check on a newer title may support authentication, but it does not replace a current encumbrance review or confirmation that this specific transfer can be registered.

Where the title and passport use different spellings of the seller's name, resolve the issue before the main contract. At filing, the cadastral office may require further evidence linking the names.

Verify the seller's identity and authority separately

The person showing the unit may be the owner, spouse, relative, property manager, agent or company director.

For an individual seller, check:

Under the Cambodian Civil Code, property acquired during marriage may be common property unless an exception or marital-property agreement applies. Article 976 restricts unilateral disposal of common property and may permit a transaction to be challenged in defined circumstances.

Do not assume the unit is separate property simply because only one spouse appears on the title. Establish when and how it was acquired and whether spouse consent is required.

Where a power of attorney is used, review:

If the owner has died, an ordinary sale agreement signed by a relative is unsafe until succession authority and registration procedure are established.

A company seller requires corporate due diligence

If a Cambodian company owns the apartment, the director's signature alone may not be sufficient.

Review:

The marketing brand may differ from the legal owner. Payments must go to an authorised recipient.

Buying the company rather than the apartment is a different transaction. The buyer may acquire historical tax, employment, contractual and corporate liabilities. A share sale should not be described as a simpler substitute for cadastral transfer.

Where direct purchase of a qualifying private unit is available, it is often the clearer route for a foreign buyer. A company structure should be used only after separate legal and tax analysis.

Foreign ownership must be confirmed for the exact unit

The foreign-ownership law permits foreigners to own private units from the first floor above the ground floor. Sub-Decree No. 82 limits foreign-owned private-unit floor area to 70% of the total private-unit area in the building.

Confirm:

The ceiling is calculated by floor area, not the number of apartments. Ten small studios and one large unit do not produce the same result as a simple headcount of foreign owners.

An agent's verbal statement that “quota is available” is insufficient. Obtain confirmation from the building records and, where appropriate, the cadastral authority. If the limit is exhausted, nominee arrangements, a company or a lease are not equivalent to direct title.

The law provides that a consensual transfer of a private unit is not effective without registration. Payment and keys without registered transfer do not offer the same protection.

A mortgage requires a specific completion mechanism

The seller may be the registered owner while the original title is held by a bank as security. The buyer should not pay the full purchase price and trust the seller to discharge the loan later.

Establish:

Part of the price may be paid directly to the bank against agreed documents. That payment is credited towards the price, with the balance paid to the seller at the next protected stage.

The sale agreement should cover:

Unregistered private debts may also create practical claims or possession disputes. Ask whether the title or unit has been pledged informally, whether there is pending litigation, and whether any private lender claims rights.

A court attachment or material dispute requires specialist advice. A low price does not neutralise the risk.

Condominium debt should be cleared before completion

Request a current statement from building management covering:

Even where a debt legally remains the seller's, the new owner may face blocked access, service disruption or pressure from the management office. The contract should require an up-to-date clearance statement and permit a retention where the final amount is not yet known.

Review planned major works. A seller may be leaving shortly before a special assessment for façade repairs, lifts, generator or waterproofing. Minutes and notices can reveal the future liability.

A clearance statement issued several months before completion is not enough. Obtain an updated figure close to handover.

A tenant changes what the buyer is acquiring

An occupied apartment may generate income immediately, but it also limits inspection and may delay occupation or resale.

Review:

The main sale agreement should select one structure:

  1. Sale subject to the continuing tenancy.
  2. Delivery with vacant possession.
  3. Temporary continuation of the seller's management after sale.

Where the tenancy continues, document:

The deposit is not the seller's income. The buyer should receive both the money and the recorded obligation.

Where vacant possession is required, the seller should lawfully terminate the tenancy and complete the move-out process before final settlement. The buyer should not pay in full and inherit an unresolved possession dispute.

The tenant should not be promised unconditional continuation until the buyer has reviewed and accepted the lease.

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Technical inspection must go beyond cosmetic appearance

Inspect:

Fresh paint may conceal recurring water ingress. Ask for repair history, insurance claims and contractor invoices.

The furniture and appliance inventory should be attached to the contract with photographs. A seller may regard a television, artworks or selected furniture as personal property even where they appeared in the listing. Separate built-in items from movable contents.

Record serial numbers for expensive equipment. Conduct a final inspection before completion, and where necessary retain part of the price until an agreed defect is corrected.

A reservation payment should remain conditional

A seller may ask for a small sum to remove the listing. The reservation document should identify the apartment, seller, price and conditions for refund where due diligence is unsatisfactory.

Do not transfer money to an agent without authority, and do not accept unconditional forfeiture before title and seller checks have been completed.

Civil Code rules on earnest money may apply where the payment truly has that legal character, but not every “booking payment” is identical. The document should state its purpose and consequences expressly.

The due-diligence timetable should allow for:

After satisfactory review, the parties sign a detailed sale-and-purchase agreement.

The main agreement governs an exchange, not merely a promise

Core provisions should address:

The seller may represent that:

Representations do not replace independent verification, but they provide contractual remedies if information is false.

The agreement should also define when risk passes. Before that point, the seller remains responsible for preserving the unit; the buyer should not bear damage that occurred earlier.

Payments should follow the reduction of risk

One possible structure is:

  1. Small conditional reservation amount.
  2. First instalment after satisfactory due diligence and signing.
  3. Direct payment to the bank for mortgage discharge or payment at a defined cadastral stage.
  4. Balance at completion against documents, possession and agreed protections.

There is no single government escrow mechanism used for every Cambodian resale. Depending on the transaction, protections may include:

Any account described as “escrow” should be checked for who controls it, on what legal basis and under what release conditions. The label alone offers no protection.

For each transfer of money, define the documents or event delivered in exchange.

Do not pay 100% merely for possession of the original title. A foreign buyer's ownership depends on registration.

State currency, exchange rate mechanism and bank charges. If the price is in US dollars but payment is made in another currency, define the exchange source and time.

Transfer tax and transaction costs require a current calculation

Cambodia's official tax register includes Prakas No. 577 on stamp duty for transfer of property, issued on 19 September 2024. Professional summaries commonly describe a 4% tax on the prescribed taxable base for transfers of ownership or possessory rights in immovable property.

Before signing, obtain a current transaction-cost calculation covering:

Market custom that the buyer pays transfer tax does not replace a contract clause, and the legal tax obligation must still be checked under current rules.

Temporary reliefs expire. A programme used for an earlier transaction should not be assumed to remain available in 2026 without official confirmation.

The seller's capital-gains or other tax position should be reviewed separately. Seller non-compliance may delay completion even where it is not the buyer's economic cost.

Registration is the central completion event

The foreign-ownership law provides that a consensual transfer of a private unit is not effective without registration. Completion should therefore be connected to the cadastral procedure rather than only private signatures.

The practical process may include:

A Cambodian lawyer should confirm the current checklist, including passport translation, authentication, marital-status documents, personal attendance and power-of-attorney requirements. Administrative practice changes.

If the updated title is issued after most of the price has been paid, the agreement should create interim protection. The buyer should know who holds the signed forms and original title, whether an application can be withdrawn, and what has already been submitted.

The completion statement brings all money together

It should include:

ItemBuyer debit or credit
Purchase priceUSD 90,000
Amount already paid−USD 5,000
Tenant deposit received−USD 1,600
Service-charge adjustment+USD 120
Balance before taxes and feesUSD 83,520

The tenant deposit is a credit because the buyer takes over the future duty to refund it.

Both parties should approve the completion statement before the final transfer. There should be no unexplained cash payment outside the contract.

Handover is a separate event

The handover record should cover:

Photograph the condition and meter readings. If the seller remains for a short period, use a separate occupancy agreement, security deposit and fixed end date. An oral request for “two more weeks” can become an extended possession dispute.

Building management should receive the new owner's documents. The former owner and manager's access should be cancelled. Insurance should change on the agreed risk-transfer date.

After completion, verify the entire operating system

The buyer should:

Correct a title error promptly. A minor spelling discrepancy can become a major obstacle on the next sale.

Retain source-of-funds and bank records. They may be relevant to later compliance checks, tax review or resale.

Warning signs

One warning sign does not necessarily end the transaction, but it should change the structure and protection. Several unresolved signs mean the buyer is purchasing uncertainty, not a bargain.

A safe resale follows a sequence of verified positions

  1. Identify the legal asset.
  2. Verify seller and authority.
  3. Search the register and encumbrances.
  4. Confirm foreign-ownership eligibility.
  5. Inspect the unit and building.
  6. Review tenancy and building debt.
  7. Sign a conditional main agreement.
  8. Stage payments against risk reduction.
  9. Pay tax and register the transfer.
  10. Complete physical and operational handover.

A completed apartment can be safer than an off-plan purchase because the physical condition and operating history already exist. That advantage is realised only if the buyer investigates them. A low price does not compensate for unregistered ownership, exhausted foreign quota or a mortgage without a discharge mechanism.

This material is for general information and is not individual legal, tax, technical or financial advice. Documents, taxes, foreign-ownership eligibility and registration must be checked for the specific unit and parties on the date of the transaction.

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Sources

  1. Kingdom of Cambodia — Law on Providing Foreigners with Ownership Rights in Private Units of Co-Owned Buildings, Articles 5–11 on eligible units, registration and acquisition by foreigners. Accessed 19 July 2026.
  2. Royal Government of Cambodia — Sub-Decree No. 82, including the 70% aggregate private-floor-area ceiling. Accessed 19 July 2026.
  3. Ministry of Land Management, Urban Planning and Construction — current cadastral service information, including registration and issuance of private-unit title certificates. Accessed 19 July 2026.
  4. General Department of Taxation — Prakas No. 577 MEF.PrK.GDT on Stamp Duty, issued 19 September 2024, and official property-transfer tax materials. Accessed 19 July 2026.
  5. Kingdom of Cambodia — Civil Code, Articles 515–558, 845 and 972–976 concerning sale, seller obligations, registered mortgage and disposal of marital common property. English translation supported by JICA. Accessed 19 July 2026.

Frequently asked

Can a foreigner buy a resale apartment in Cambodia?

Yes, where it is an eligible private unit in a registered co-owned building above the ground floor, the foreign-ownership ceiling remains available and the transfer is registered.

Is seeing the original title certificate enough?

No. The buyer should verify the registered owner, current registry position, encumbrances, spouse consent or company authority, foreign quota, building debts and the ability to register the proposed transfer.

When is it safe to pay the main part of the price?

Payments should be linked to completed due diligence, signed transfer documents, mortgage release, tax and cadastral steps. Paying the entire price against a private receipt alone is high risk.

What happens to the tenant and deposit after the purchase?

The sale agreement and completion statement should address continuation or termination of the tenancy, the rent apportionment date, transfer of the deposit, inventory, arrears and responsibility for the eventual refund.

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