How to Sell an Apartment in Cambodia as a Foreigner: Steps and Costs

Prepared by the NovAsia Editorial Team

A foreign owner may sell an apartment in Cambodia either to a Cambodian national or to another foreigner. If a strata title has already been issued for the unit, the transaction is completed by state registration of the new owner. If there is no title yet, what is sold is not the registered apartment itself but the buyer's rights under the SPA — and only on the terms the contract and the developer allow.

The seller's main risk lies not in the formal right to sell but in the wrong sequence of steps. Price, deposit, taxes, the original title and the final payment must be linked so that the owner does not hand over the asset before receiving the money, and the buyer does not pay for an apartment that cannot be registered in their name.

What is being sold and who can become the buyer

First you need to understand what is actually being sold

A listing that says "apartment for sale" can conceal four legally different transactions. They differ in documents, buyers, costs and in the moment when ownership really passes.

The clearest case is a completed private unit with an individual strata title in the seller's name. Such a property can be checked against cadastral documents, the owner and registered encumbrances can be established, and the transfer of ownership can then be processed.

The second case is an apartment in a completed building where the buyer has already paid the full price but a separate title has not been issued. The seller may hold an SPA, a handover record and proof of payment, yet state registration of ownership is not complete. Such a sale usually requires the developer's involvement and is legally closer to an assignment of contractual rights than to an ordinary resale of a title.

The third case is off-plan. The owner sells their position as buyer under the SPA: the payments already made, the right to receive the unit and the duty to pay the balance. The new buyer takes on not only a future apartment but also a schedule of future instalments.

The fourth is leasehold, a company share or another ownership structure. What passes here is a lease right, a corporate share or another asset. Calling such a transaction the sale of an apartment is accurate only in everyday speech.

The first question for a lawyer should not be "can the apartment be sold" but "what right is registered now and by which document does it pass".

A strata title gives the right to sell, but the transfer must be registered

Cambodia's 2010 law allows foreigners to own private units in co-owned buildings and to transfer special co-ownership by agreement of the parties. However, article 8 states directly that a transfer has no effect without registration in accordance with the immovable property registration rules.

A signed private contract and receipt of the money therefore do not yet make the buyer the owner. They create obligations between the parties, but ownership of the private unit must be re-registered in the cadastral system.

The Land Law also requires written form, involvement of the competent authority and registration. A sale of immovable property becomes opposable to third parties once the transfer is entered in the Cadastral Registry. The contract must state the price, and payment of the taxes connected with the property and the transfer must be confirmed before registration.

For the seller this means two things. First, the buyer cannot be promised instant ownership once the money is transferred. Second, the original title and signed documents must not be released without an agreed settlement mechanism.

Who the apartment can be sold to

A foreign owner may sell the unit to a Cambodian national. The foreign ownership quota does not stand in the way of such a purchaser, because the new owner is not counted within the foreign share.

A sale to another foreigner is possible if the buyer is legally qualified, the unit complies with the foreign ownership rules and registration does not breach the 70% limit of the total area of private units in the building. The apartment must be located above the ground floor and must not fall under the territorial restrictions of the law.

Where a foreign owner transfers a unit to another foreigner, the area of that apartment is usually already counted within the foreign share. Replacing one foreign owner with another should not in itself increase the area held by foreigners. That does not remove the need to verify the cadastral status and the building's documents.

The management company or the developer may keep their own register of owners. It is worth requesting, but an internal letter does not replace state registration. The buyer and their lawyer must confirm that the specific private unit can be registered in the name of the specific person.

Documents, title and the seller's debts

What to prepare before publishing the listing

A strong sale starts with a complete document pack. If the seller only starts looking for papers after receiving the deposit, the buyer has reason to doubt and the timeline becomes unpredictable.

For an apartment with strata title the usual pack includes:

• the original and a copy of the title;
• the owner's passport;
• marital status documents, if required for the transaction;
• the original SPA and proof of payment;
• the current tax status of the property;
• a statement or certificate for the service charge;
• the lease agreement, if a tenant lives in the apartment;
• an inventory of furniture and appliances;
• documents for the parking space or storage room;
• details of any registered mortgage or other encumbrance;
• the building rules and management contacts.

If the owner has changed passport, name or civil status, the differences must be explained in advance. A one-letter discrepancy between the title and the current passport can delay registration more than haggling over price.

How to check your own title before selling

Sellers are often sure the property is "clean" because they hold the original title. That is not enough. You need to check whether the document matches the current record and whether there is a registered mortgage, pledge, prohibition or other third-party right.

If the apartment was purchased with bank financing, the title may be held by the lender or carry a security entry. A sale is possible, but the contract must provide for repayment of the debt and release of the encumbrance.

The private unit number, the floor and the area are checked separately. The SPA, the handover documents, the title and the listing must all describe the same property. Gross area from a brochure must not be advertised as the title area if the documents use a different methodology.

Debts attached to the apartment do not disappear on sale

Before the deal, arrears on the annual property tax, service charge, utilities, parking and other obligations must be settled or allocated in writing.

The Land Law links registration of a sale to proof that taxes on the property have been paid. The management company, in turn, may require internal payments to be settled before it updates the owner's details and grants access to the new owner.

Even where a debt does not legally pass to the buyer automatically, it affects the deal. The new owner will not want to argue with management over old invoices, and the seller risks a deduction from the final payment.

Before signing the SPA it is useful to request a closing statement as at the chosen date. It sets out:

• the seller's arrears;
• advance payments;
• the tenant's deposit;
• service charge already paid;
• utility meter readings;
• amounts to be withheld at closing.

Price, agent and deposit

How to set a realistic sale price

The purchase price, the advertised price of a new project and the achievable resale price are three different figures. A buyer compares a completed apartment not only with neighbouring resale offers but also with developer promotions, instalment plans, furniture packages and new projects.

Start with comparables: the same building or the nearest ones, similar area, floor, view, condition, furniture, title and tenancy. An asking price shows what the seller wants, not what was actually agreed.

If many identical studios are on sale in the same building at once, the owner is competing on the specific unit rather than on the district. A long-term tenant can be a plus for an investor but a minus for a buyer who wants to live there.

Three prices are useful for the assessment:

The minimum price is calculated from the net amount that must remain with the owner, not from an attractive figure in the advertisement.

The agency agreement deserves the same attention as the SPA

There is no single universal commission in Cambodia that every apartment seller must pay. The rate depends on the property, the price, the scope of work, exclusivity and the agreement of the parties.

Before handing keys and documents to an agent, agree in writing:

• the amount and basis of the commission;
• whether taxes are included;
• when the commission is considered earned;
• whether an exclusive applies;
• the term of the agreement;
• the seller's right to work with other agents;
• the advertised price;
• the limit of the agent's own negotiating discretion;
• promotion costs;
• how the deposit is handled;
• how the agreement can be terminated.

An agent should not obtain the right to receive the entire price of the apartment into a personal account simply because they introduced the buyer. Their function and the payment route must be kept separate.

The deposit must not turn into a dispute about intentions

Once the price is agreed, the parties often sign a reservation agreement or letter of intent and pay a deposit. This stage confirms the buyer's seriousness, but it is also where the first financial risks appear.

The document should state:

• the exact property;
• the price;
• the amount of the deposit;
• the due diligence period;
• the seller's documents;
• refund conditions;
• grounds for withdrawal;
• the deadline for signing the main SPA;
• who receives the money;
• the consequences of breach by each party.

The phrase "the deposit is non-refundable" with no exceptions is dangerous for both sides. The buyer must be able to walk away if a title defect, a registration bar or a material discrepancy is found. The seller needs protection from someone who changes their mind after a successful check and has blocked the property for a month.

The deposit is best held under a mechanism agreed by both sides' lawyers. In Cambodia one cannot assume that a single mandatory escrow exists for every secondary transaction. If the money is received by an agent, a law firm or another party, the contract must explain that party's authority and the conditions for release.

SPA, settlement and registration

What the sale and purchase agreement must contain

The main SPA fixes more than the price. It links due diligence, taxes, registration, payments and physical handover of the apartment.

The contract must precisely identify the parties, the private unit, the title number, the area, the price, the currency and the bank details. Furniture, appliances, parking, storage and any lease are described separately.

Costs are then allocated: stamp duty, registration fees, lawyers, agent, bank charges, service charge and possible payments to the management company. The phrase "the buyer pays all taxes" is too general if the parties have not established which taxes are meant.

The key section is closing mechanics. It answers:

• when the deposit is paid;
• when the main part is paid;
• who holds the original title;
• when the parties sign the cadastral forms;
• on what event the seller receives the balance;
• what happens if registration is refused;
• who bears the risk of a bank delay;
• at what point the keys are handed over;
• which language version of the contract prevails;
• where disputes are resolved.

For a cross-border deal it is useful to define separately the amount that must actually reach the seller after bank deductions. Otherwise a correspondent bank fee turns into a dispute about underpayment.

How to link the money to registration

The seller and the buyer face opposite risks. The owner fears registering the apartment before receiving the full price. The buyer fears paying in full before registration.

The solution is not verbal trust but a staged closing. The exact structure depends on the deal, but it usually includes the deposit, preparation of tax and cadastral documents, signing of the forms, a controlled transfer of the main amount and release of the balance after agreed confirmation of registration.

One universal scenario cannot be used for every case. If the title is mortgaged to a bank, part of the price may go directly to repaying the loan. If the buyer is bank financed, the lender sets its own disbursement conditions. If the seller is abroad, a power of attorney and verification of the bank account are added.

A safe structure should be reviewed by the seller's own independent lawyer. The buyer's lawyer protects the buyer, even if they handle almost all of the registration.

Stages of selling an apartment with strata title

Once the commercial terms are agreed, the process usually consists of several linked stages.

1. Checking the seller and the property

The buyer examines the title, passport, marital status, taxes, encumbrances, building documents and the authority of any representative. The seller verifies the buyer's identity, the source of payment and the ability to register.

2. Signing the SPA

The parties fix the price, deposit, deadlines, taxes, payment mechanics and exit conditions. If the apartment is let, the contract determines the fate of the tenancy and the deposit.

3. Tax procedure

The stamp duty base is determined, documents are filed and the agreed payment is made. At the same time, any taxes that would block registration are settled.

4. Cadastral formalities

The parties or their permitted representatives sign the required documents before the competent authority. Originals, translations, photographs, fingerprints and additional forms may be required.

5. Registration of the new owner

After checking the documents, the cadastral authority registers the transfer and records the buyer's ownership. Sub-Decree No. 126 sets a maximum period of 20 working days for operations transferring a private unit, but this cannot be treated as a guarantee of a calendar closing. An incomplete pack, tax assessment and local procedure extend the timeline.

6. Final settlement and handover

The seller receives the balance of the price in accordance with the contract. The parties hand over keys, access cards, meter readings, furniture and documents. Management updates the owner and the contact details.

The stages can run in parallel, but they must not be blended to the point where it is unclear whether the money has been received and the ownership registered.

Taxes and the seller's net proceeds

Who pays the 4% stamp duty

A transfer of rights in immovable property in Cambodia is subject to stamp duty at the standard rate of 4% of the applicable tax base. PwC notes that the base is determined under the tax assessment rules and compared with the transaction price in the prescribed manner.

As a general rule, the transferee — that is, the buyer — is treated as the responsible party. In practice the contract may shift the economic burden onto the seller or split it. What matters to the state is that the tax is paid, not how the parties labelled the concession during negotiation.

If the seller advertises the apartment as "including transfer tax", that 4% becomes part of their costs. If the buyer pays the tax on top of the price, it does not reduce the seller's net proceeds.

In 2026 certain stamp duty reliefs and deductions apply to some purchases of houses and private units in co-owned buildings. They depend on the terms of MEF notifications, the buyer's status, the type of transaction and the project. A secondary sale cannot automatically be treated as eligible merely because the price is below a certain amount.

Before the SPA, a tax specialist should confirm in writing the base, the entitlement to relief and who is responsible for payment.

Is there capital gains tax on a sale in 2026?

As at 25 June 2026, the introduction of a separate capital gains tax on transfers of immovable property has been postponed until 1 January 2027. Instruction No. 041 of 2 January 2026 maintained the deferral for immovable property until the end of 2026, whereas the new regime for other asset categories started to apply earlier.

For an individual selling an apartment as immovable property in 2026, this means that the new 20% CGT on gains under Prakas No. 1130 does not yet apply to such a transfer.

That does not support the conclusion that "the sale is entirely tax free". Stamp duty, the annual property tax, possible obligations arising from rental income and taxes in the seller's country of residence all remain. If the property is held by a company, forms part of a business activity or is sold through a transfer of shares, the tax treatment may differ.

The date of the transaction also matters. If the contract is signed in 2026 but the taxable event or registration occurs after the regime starts in 2027, the consequences must be analysed under the final rules and transitional provisions.

A seller planning a closing near the end of the year should not build their calculations on the current deferral alone.

A model of the seller's net proceeds

Suppose an apartment is sold for $90,000. The buyer pays stamp duty on top of the price. The agency agreement sets a commission of 3%, the seller's legal costs are $1,000, and arrears on service charge and utilities amount to $500.

The calculation:

Sale price: $90,000

Commission: $90,000 × 3% = $2,700

Legal costs: $1,000

Property arrears: $500

Indicative amount to the seller: $90,000 − $2,700 − $1,000 − $500 = $85,800

This is a model, not an average transaction cost. It excludes bank charges, taxes in another country, early loan repayment, pre-sale refurbishment and conversion losses.

If the seller agrees to pay the standard transfer tax out of the price, net proceeds fall further by the amount of the actual tax. An "all inclusive" offer of $90,000 therefore cannot be compared with $90,000 plus the buyer's costs.

Off-plan, tenants and remote sales

How to sell off-plan before title is issued

An off-plan sale is usually structured as an assignment — a transfer of the rights and obligations under the SPA. Ownership of the private unit is not yet registered in the seller's name, so there is no ordinary cadastral transfer between two private owners.

The first step is to check the assignment clause of the SPA. The contract may:

• permit assignment with the developer's written consent;
• prohibit it until a certain payment has been made;
• impose an administrative fee;
• require that there be no arrears;
• limit the number of assignments;
• require the new buyer to pass KYC;
• keep the original buyer liable.

The developer then confirms how much has been paid, what balance remains and which payments fall due after the assignment. The new buyer must understand the full obligation, not only the amount handed to the previous buyer.

For example, the original buyer has paid $30,000 on an apartment priced at $80,000 and wants $35,000 for their rights. The new buyer pays them $35,000 and takes on the obligation to pay the developer a further $50,000. Their actual entry cost is $85,000 plus fees, not $35,000.

An assignment cannot be documented by a simple letter between two foreigners if the SPA requires the developer's consent. Without it, the original buyer may remain bound under the contract while the new one fails to obtain a recognised right.

Selling an apartment with a tenant

A sitting tenant can be an advantage if the buyer is looking for cash flow. But the lease must be disclosed before the deposit.

The buyer checks the term, the rent, the deposit, early termination rights, repair obligations and any arrears. The seller cannot simultaneously promise the new owner vacant possession and the tenant occupation until the end of the lease.

The closing statement records the rent for the transitional month and the tenant's deposit. If the deposit is held by the seller, it is either transferred to the buyer or deducted from the settlement. The new owner takes on the duty to return it if the lease conditions are met.

The tenant is notified of the change of owner and the new payment details only after a legally agreed event. Notifying too early creates confusion if the deal falls through.

If the apartment is part of a GRR or management programme, the sale may require the operator's consent. The buyer must decide whether they accept the programme, and the seller should check the penalty for early exit.

Can an apartment be sold remotely?

A sale through a representative is possible if the power of attorney meets the requirements of the transaction, the cadastral authority and the bank. But there is no universal form for every foreigner.

A power of attorney usually lists the authority to sign the contract, file documents, take tax actions, complete cadastral registration, receive the title or the money and carry out the handover. Giving a representative an unrestricted right to change the price and the bank details is dangerous.

A document signed abroad may require notarisation, legalisation or other authentication, translation into Khmer and verification of the original. The specific route depends on the country of execution and the requirements of the authority.

A remote sale becomes weak if the power of attorney is only prepared after the buyer arrives. The form should be agreed with a Cambodian lawyer before it is signed abroad.

The owner themselves must also have access to a bank account and pass updated KYC. A representative does not remove questions about who receives the money and about the buyer's source of funds.

How to receive the money outside Cambodia

The parties may agree payment into the seller's Cambodian or foreign account, provided the route is lawful, the details are fixed in the contract and the banks are willing to process the operation.

For a large international transfer, the bank may request the SPA, the title, tax documents, proof of registration, the purchase history of the apartment and an explanation of the origin of the funds. The receiving bank is also entitled to run its own checks.

The seller should keep:

• the original SPA;
• proof of payment for the purchase;
• the strata title;
• the new sale contract;
• tax receipts;
• confirmation of registration;
• the SWIFT confirmation and bank statement;
• the calculation of fees and costs.

The buyer cannot be promised that a foreign bank will accept the payment without questions. Nor should bank details be changed through an ordinary messenger chat. Any change is confirmed through an independent channel and documented as an addendum to the contract.

If the price arrives in instalments, the purpose of each payment must match the SPA. Random transfers from third parties without explanation increase bank risk.

Red flags when selling

Red flags when selling

A proposal to understate the price in the official documents creates tax, contractual and banking risk. In a dispute it will be harder for the seller to prove entitlement to an amount that is not reflected in the contract.

A request to sign blank cadastral forms "to save time" is equally unacceptable. Once signed, the document may be completed differently from what the parties agreed.

It is dangerous to hand the original title to an agent without a receipt and a specific instruction. It is even more dangerous to have the price paid into an intermediary's personal account.

The transaction should be stopped if the buyer refuses to pass KYC, uses multiple unrelated senders or demands the keys before the agreed payment.

Other warning signs:

• the buyer does not meet the foreign ownership rules;
• the quota is confirmed only verbally;
• the agent conceals the buyer's identity;
• the deposit came from someone other than a party to the contract;
• the final price changes in the cadastral forms;
• one side's lawyer is presented as independent for both;
• the seller is rushed into signing a full-settlement acknowledgement before the money has cleared.

Urgency alone does not make a transaction bad. But it must not override the checks.

Conclusion: the sale is completed by registration and settlement, not by signing the SPA

A foreigner has the right to sell a private unit they own in Cambodia. For an apartment with strata title, the key stages are title verification, the contract, the tax procedure, cadastral registration and a controlled settlement. For off-plan, what is sold is contractual rights, so the decisive documents are the SPA and the developer's consent to the assignment.

As at June 2026, the standard stamp duty on transfers of immovable property is 4%, although the parties may allocate the economic burden by contract. A separate capital gains tax on immovable property has been postponed until 1 January 2027, but this does not remove other costs or possible taxes for the seller in their country of residence.

A seller should come to market only after preparing the documents and calculating a minimum net price. The highest advertised price achieves nothing if the buyer cannot register ownership and the payment route does not protect both sides.

This material is for information only and does not replace individual legal, tax or financial advice. The rules and consequences of a transaction must be checked against the seller's citizenship, tax residence, source of funds, form of ownership and specific contract.

Sources

1. Kingdom of Cambodia — Law on Providing Foreigners with Ownership Rights in Private Units of Co-Owned Buildings, articles 5–9. Promulgated 24 May 2010. Checked 25 June 2026.
2. Kingdom of Cambodia — Land Law, articles 63–69. Promulgated 30 August 2001; unofficial English translation by the Council for the Development of Cambodia. Checked 25 June 2026.
3. Royal Government of Cambodia — Sub-Decree No. 126 on the Management and Use of Co-Owned Buildings, provisions on transfers of private units and registration. 12 August 2009. Checked 25 June 2026.
4. General Department of Taxation — Instruction No. 041 on the Postponement of Capital Gains Tax on Immovable Property. 2 January 2026. Used for the deferral date of 31 December 2026.
5. Ministry of Economy and Finance — Prakas No. 1130 on Capital Gains Tax. 31 December 2025. Used for the general parameters of the new regime and the date of application to immovable property.
6. PwC Cambodia — Worldwide Tax Summaries: Significant Developments and Other Taxes. Updated 2 April 2026. Used for data on CGT, stamp duty and the annual property tax.
7. Rajah & Tann Cambodia — Regional Round-Up: Cambodia Q1 2026. 29 April 2026. Used for the explanation of the extension of certain stamp duty reliefs for 2026.

Frequently asked

Can a foreign owner sell an apartment to another foreigner?

Yes, if the unit is eligible for foreign ownership and the new transfer can be registered without breaching the applicable restrictions and the quota.

Is signing the SPA and receiving the money enough to complete the sale?

No. For an apartment with strata title the transfer must be registered; the contract, the money, the original title and the cadastral procedure need to be linked within a single closing.

Who usually pays stamp duty on the sale of an apartment?

Economically the parties can allocate the cost by contract. In practice the buyer often pays it, but this should be stated expressly together with the other taxes and fees.