Warranty After Apartment Handover in Cambodia: What the Developer Should Fix

Prepared by the NovAsia Editorial Team

After apartment handover in Cambodia, the developer should address defects for which it is responsible under the sale and purchase agreement, warranty terms and general obligations to deliver the agreed property in proper condition. These may include leaks, defective windows or doors, electrical and plumbing faults, cracks, damaged finishes, non-working equipment and differences from the agreed specification.

But the phrase "the apartment has a warranty" is not enough. The buyer needs to know when the warranty begins, which works it covers, who receives claims, how quickly inspection and repair must happen, and whether signing the handover record affects claims for hidden defects.

> Important. This material is for general educational purposes and is not legal, engineering or financial advice. Warranty periods, responsible parties and remedies change and depend on the contract and the circumstances of the defect — check the actual SPA and project documents, with a qualified professional (a lawyer) where needed, before any decisions.

Developer warranty and construction guarantee are not the same

In Cambodia, several responsibility layers can exist at the same time. They should not be mixed together.

The first layer is the contract between buyer and developer. It should describe the unit, materials, equipment, handover process, responsibilities and warranty period. This is usually the buyer’s main route for requesting repair of defects inside the unit.

The second layer is the Civil Code obligation to deliver property without defects. The seller must deliver an item that conforms to the contract in quantity, quality and description. Depending on the defect, the buyer may be able to require repair, price reduction, compensation or termination.

The third layer is Article 71 of the 2019 Construction Law. It establishes minimum warranty periods in the construction contract:

• at least 10 years for reinforced concrete, composite concrete-steel and steel load-bearing structures;
• at least 5 years for external walls, windows, doors and roofs;
• at least 2 years for electrical, plumbing, mechanical and related works.

These periods run from the handover of construction works. Contracting parties may extend them but should not reduce them.

However, Article 71 directly concerns the construction contract between the project owner and the contractor. A unit buyer is not always a party to that contract. It is therefore not safe to assume that every unit owner can directly sue the contractor for ten years.

In practice, the contractor may be responsible to the developer, while the developer is responsible to the buyer under the SPA and law. Buyers should make sure the SPA does not reduce their practical warranty to a few months or send all claims to a contractor with whom they have no contract.

What counts as a warranty defect?

A warranty defect is not every problem that ever appears in a flat. You need to identify the cause, timing and relationship to the contract.

A claim is usually stronger if the defect:

• existed at handover, even if it became visible later;
• resulted from poor construction or installation;
• involved materials not matching the contract;
• arose from non-compliance with technical requirements;
• came from incomplete works;
• relates to equipment delivered with the unit;
• was caused by defective common building systems.

The Civil Code concept of defective delivery can include property that does not match the agreed quantity, quality or description, differs from a sample, or is unsuitable for ordinary or expressly agreed use.

This means the issue is not limited to broken pipes or cracks. If a specification promised a certain type of glazing and a cheaper product was installed, if a built-in item shown in the annex is missing, or if the delivered finish differs materially from the agreed specification, the issue should be documented.

Warranties usually do not cover normal wear and tear, damage caused by the owner or tenant, unauthorised alterations, poor maintenance or misuse. But the developer should not simply blame "use" without showing the cause.

Common defects inside a unit

The exact list depends on the contract and fit-out package, but during handover and warranty buyers usually check several groups.

The purpose of warranty repair is to restore the agreed condition, not only hide the symptom. Painting over a crack is not a complete solution if the cause remains active.

For every defect, the source matters. A ceiling leak may come from the unit above, facade, roof or common pipe. Responsibility and repair method depend on the source.

Defects in common areas and systems

Lifts, roof, facade, corridors, pumps, main water lines, fire systems and many shafts are common parts of the building. They are not controlled by one apartment owner.

After building handover, management may be handled by the developer or a licensed management company. Sub-Decree No. 50 requires the developer, after transferring a house or co-owned building to buyers, to obtain a real estate management licence or work with a licensed property management company.

If a common-system defect damages a private unit, the owner should not only speak to a neighbour or a handyman. Notify both the management company and the developer in writing if the warranty or defect-liability period may still be relevant.

Examples of common-system issues include:

• water entering through the facade;
• defective fire-safety system;
• repeated lift failures caused by installation defects;
• leaking roof;
• common riser damaging a unit;
• pumps failing to maintain pressure;
• poorly designed ventilation;
• generator not supporting the promised areas.

The management company is responsible for operation and ordinary maintenance. But an original construction defect should not automatically be paid from the owners’ service-charge funds without seeking responsibility from the relevant party.

Ask for warranty documents not only for the unit but also for lifts, pumps, generators, facade, roof and fire-safety systems.

What to check in the SPA before handover

The warranty section should answer practical questions, not only state a term.

Check:

1. Warranty start date.
2. Different periods for different works.
3. Exclusions.
4. Claim recipient.
5. Required notice form.
6. Inspection response time.
7. Repair timeframe.
8. Emergency procedure.
9. Temporary accommodation or damage responsibility if the unit is unusable.
10. Right to appoint another contractor if the developer does not act.
11. Re-inspection procedure.
12. Whether rights continue after resale.

A risky clause starts the warranty from completion of the entire building even though the specific unit is handed to the buyer much later. Part of the warranty may then expire before the buyer receives keys.

A fairer trigger is the signed handover record for the specific unit. Common systems may have a different date, such as transfer to the building manager, but that should be explained.

The contract should also distinguish construction warranty from manufacturer warranty. For example, an air-conditioning unit may be serviced by an official supplier, while a leaking condensate pipe is a construction or installation issue.

Handover record and hidden defects

The handover record confirms the unit was transferred and records its condition at a specific date. It is important, but it should not be treated as a total waiver of all future claims.

Some defects cannot reasonably be found during one inspection. A hidden defect may appear after the first heavy rain, after AC has run for several hours, after neighbours move in, or after water systems are used continuously.

The Civil Code recognises responsibility for a defect existing when risk passed, even if it becomes visible later. If the seller separately guaranteed quality for a period, breach of that guarantee can create similar responsibility.

Cambodia’s rules on unfair standard contract clauses also restrict terms that remove or excessively limit a seller’s quality-warranty responsibility.

Therefore, wording such as "the buyer accepts the unit and waives all present and future claims" deserves careful legal review. It should not deprive the buyer of rights for a hidden defect that could not reasonably be identified at handover.

Visible defects should still be listed immediately. If the buyer saw damage and signed without reservation, it becomes easier for the seller to say the unit was accepted in that condition.

How to prepare a snagging list

A snagging list is an annex to the handover record listing all observed issues. It should be specific enough for a repair team to find the problem and for a lawyer to prove timely notification.

For each item include:

• number;
• room;
• exact location;
• description;
• photograph;
• reference to plan or specification if relevant;
• requested action;
• repair deadline;
• re-inspection result.

Weak wording:

"Bad paint."

Stronger wording:

"Bedroom, wall left of the window, area about 70 x 40 cm: visible paint drips and underlying surface showing through. Refinish and repaint the whole wall plane so there is no visible colour difference."

Do not combine dozens of defects in one line. If the developer fixes only some, it will be unclear whether the item is closed.

Number photos using the same numbers as the list. Save original files with metadata, not only compressed messenger images.

Technical inspection at handover

The inspection should happen before final payment and before signing an unconditional acceptance. Ideally, the buyer is accompanied by an independent technical inspector not connected to the developer.

Break the inspection into stages.

First, verify the object: unit number, floor, layout, balcony, plan, area and fit-out package.

Second, inspect finishes: walls, floors, ceilings, tile, joints, sanitary silicone, built-ins and glass.

Third, test services: sockets, circuit breakers, lighting, air-conditioning, water heater, water pressure, drains, ventilation, sensors and internet points.

Fourth, look for moisture: stains, mould smell, swelling, dark grout and local fresh paint.

Test shower drainage by running water for several minutes. Check windows and balcony doors for closing, sealing and gaps. Run AC long enough to confirm stable cooling and condensate drainage, not just for one minute.

Common areas should also be inspected: access from parking, lifts, emergency stairs, fire doors, corridors, pool, pumps and generator. A unit can be ready while the building is still not operationally ready.

Can you refuse handover because of defects?

Minor snags do not always justify rejecting the entire unit. Usually they are listed, a repair deadline is agreed, and re-inspection follows.

Refusal is more defensible if the defect:

• makes the unit unsafe;
• prevents normal living or rental use;
• materially changes the agreed quality;
• cannot be fixed without major works;
• affects load-bearing structure;
• shows that a different unit was delivered;
• accompanies missing occupancy or use permission;
• remains unresolved after a reasonable additional period.

The Civil Code allows a buyer to demand defect correction. Termination may be available where the defect prevents the purpose of the contract. Price reduction may be measured by the difference between the value of what was delivered and what should have been delivered.

This does not mean every door scratch should lead to a termination demand. The seller may also be allowed to cure the defect at its own cost if that does not cause unjustified harm to the buyer.

The right strategy depends on severity: repair, replacement, price reduction, compensation or termination.

How to notify a defect after handover

A verbal report at reception is not enough. Create an evidence trail.

Use this process:

1. Photograph and video the issue.
2. Record date and conditions.
3. Check the contract and warranty term.
4. Send written notice.
5. Ask for a case number.
6. Agree inspection date.
7. Obtain written repair plan.
8. Check the result.
9. Do not close the claim until the cause is fixed.

The notice should include unit number, handover date, description, urgency and requested action. For leaks or electrical hazards, state what immediate measures are needed to prevent further damage.

If the developer requires a specific app or form, use it, but keep screenshots and send a parallel email to the official address where appropriate.

After phone calls, send a short written summary: who spoke, what was agreed and by when.

Reasonable repair time

There is no one repair deadline for all defects. It depends on danger, complexity and availability of parts.

Active leaks, electrical hazards or an insecure entrance door require immediate containment. Cosmetic repainting can be scheduled later.

The Civil Code allows the buyer to set a reasonable additional period for performance. Avoid vague phrases such as "as soon as possible".

A practical structure is:

These are organisational examples, not universal legal deadlines. The contract and defect type control the actual position.

If parts must be ordered, the developer should provide a temporary measure and confirmed delivery timeline. "The part has been ordered" should not close the claim.

Damage caused by a defect

Fixing the defect and compensating resulting damage are different questions.

A developer may replace a defective pipe, but the leak may already have damaged furniture, electronics and finishes. The buyer may need to claim proven losses under the contract and Civil Code.

Keep:

• photos before cleaning;
• management incident report;
• engineer’s note;
• emergency repair invoices;
• receipts for damaged items;
• correspondence;
• lost-rent evidence;
• temporary accommodation evidence.

Do not discard damaged items before inspection unless necessary for safety. If disposal is unavoidable, document their condition and the reason.

Lost rent is harder to prove than direct repair cost. You need a lease, evidence that the unit could not be occupied, and a causal link to the defect.

Insurance may cover some damage, but the insurer may then seek recovery from the responsible party.

Poor repair and repeated defects

A cosmetic fix does not close the matter if the defect returns.

When a problem repeats, request root-cause diagnosis. A recurring crack may involve movement. Mould may involve water ingress or poor ventilation. Loose tiles may involve substrate or installation failure.

In the repeat notice, state:

• original case number;
• date of first repair;
• date the problem reappeared;
• new photos;
• any damage;
• request for independent investigation.

If the same team performs the same failed repair several times, the buyer may propose another specialist at the responsible party’s cost. But ordering expensive work independently and then demanding reimbursement is risky if the contract gives the developer the first right to repair.

The exception is an urgent situation where delay would increase damage. Even then, actions should be reasonable and well documented.

Can the developer blame the contractor?

For the buyer, the contractual counterparty is usually the seller or developer. Send claims there unless the contract clearly establishes another route.

"The contractor is responsible" should not leave the owner without a remedy. The developer may later resolve matters with its contractor, designer or supplier.

The Construction Law allocates responsibility among construction participants. Contractors must perform work without defects, use appropriate materials and follow technical requirements. Designers, certifiers, construction owners and managers may also carry responsibility in defined circumstances.

Buyers may not have access to the entire internal chain. They should ask the developer to appoint a responsible contact and repair deadline rather than being sent to find a subcontractor alone.

If manufacturer warranty applies to equipment, the developer should provide warranty cards, serial numbers and service contacts. Missing documents should not become the owner’s problem.

If the developer refuses

Start with a formal notice describing the defect, evidence, contract basis and reasonable remedy deadline.

If there is no response, obtain an independent technical report. It should describe the cause, risk, required repair and approximate cost.

Possible next steps include:

• lawyer-led negotiation;
• complaint to the real estate development regulator;
• consumer-protection complaint;
• mediation;
• arbitration if provided;
• competent court.

Sub-Decree No. 50 allows parties in real estate development disputes to file a complaint with the Real Estate and Pawnshop Regulator before arbitration or court, except for criminal matters.

The Ministry of Commerce has also stated that real estate and housing businesses must comply with consumer-protection law and unfair-contract-clause rules. Complaints relating to unfair terms may be directed to the Consumer Protection, Competition and Fraud Repression Directorate-General.

Do not begin with social-media threats. First build the evidence chain: notice, inspection, deadline, repeat notice, expert report and loss calculation.

Inspect before the warranty expires

One to two months before the contractual warranty period ends, inspect the unit and relevant common areas again.

Check:

• moisture after the rainy season;
• cracks;
• windows and seals;
• AC and condensate drainage;
• water pressure and drainage;
• sockets and circuit breakers;
• doors and locks;
• tile and grout;
• built-in furniture;
• balcony and railings.

If the unit is rented, do not rely only on the tenant. Arrange an inspection and ask the property manager for the maintenance history.

Submit notice before expiry even if the repair will happen later. Keep proof of submission date.

For structural, facade and common-system issues, the unit warranty term may not describe all potential rights and obligations. Those defects require separate legal and engineering review.

Red flags in warranty terms

Before buying, be cautious if the contract says:

• warranty starts before unit handover;
• one short term covers every type of work;
• hidden defects are fully excluded;
• developer can unilaterally blame the owner;
• claims are accepted only verbally;
• repair time is not defined;
• handover record waives all future claims;
• warranty ends if the unit is rented out;
• seller disclaims responsibility for contractors;
• material specification is missing;
• common systems have no warranty process;
• buyer must pay for repair before the cause is known.

Also check which language version controls. If Khmer and English versions differ, warranty periods, exclusions and notice procedure must be clearly understood.

Bottom line

The developer should deliver a unit matching the contract and fix defects for which it is responsible. Depending on severity, the buyer may need repair, replacement, price reduction, compensation or termination.

Cambodia’s minimum construction warranty periods reach 10 years for certain load-bearing structures, 5 years for external walls, windows, doors and roofs, and 2 years for electrical, plumbing, mechanical and related works. But those periods apply to the construction contract, and a unit buyer’s practical claim against the developer must also be secured through the SPA and contractual chain.

At handover, prepare a detailed snagging list, attach photos and avoid signing away future claims. Hidden defects should be notified immediately after discovery, with evidence and a reasonable repair deadline.

Sources

1. Kingdom of Cambodia — Construction Law, 2 November 2019. Articles 67 to 71 on construction contracts, quality of works and minimum warranty periods.
2. Civil Code of Cambodia — Articles 539 to 545 on delivery without defects, cure, price reduction, termination and damages. JICA unofficial translation.
3. Ministry of Commerce of Cambodia — Prakas No. 0067 on Unfair Contract Clauses, 1 March 2022.
4. Ministry of Commerce of Cambodia — Notification No. 2241 on application of consumer-protection law to the real estate and housing sector, 30 June 2023.
5. Royal Government of Cambodia — Sub-Decree No. 50 on Real Estate Development Business Management, 2 March 2023.
6. DFDL — Cambodia Legal Update: The Construction Law Has Been Promulgated, 8 November 2019. Commentary on construction-defect responsibility.
7. VDB Loi — The Impact of the 2019 Construction Law on Property Development in Cambodia, 26 November 2019. Reviewed 25 June 2026.

Frequently asked

Does signing the handover record remove all claims for hidden defects?

Not necessarily. Visible defects should be listed immediately, but a defect that could not reasonably be discovered during inspection may still be notified after it appears, subject to the contract and applicable time limits.

Do the 10, 5 and 2 year construction guarantees give the buyer a direct claim against the contractor?

Not always. Those minimum periods relate to the construction contract between the project owner and contractor. A unit buyer’s rights against the developer must also be checked in the sale and purchase agreement and the contractual chain.

Who should be notified about defects in common areas?

Notify the management company and, if the warranty period is still relevant, the developer in writing. The operating team should take urgent measures, but an original construction defect should not automatically be paid from owner funds.