What Foreigners Cannot Buy in Cambodia: Land, Villas, Ground Floors and Risky Structures

Prepared by the NovAsia Editorial Team

A foreigner cannot register land in Cambodia directly in their own name. This means an ordinary land title for a plot, villa, townhouse, shophouse, standalone building or commercial property on its own land cannot be transferred directly to a foreign individual. Even among apartments, not every unit is eligible: the building must be a registered condominium, the unit must be above the first ground-level floor, a separate title must be possible, and the foreign quota must still be available.

The real danger appears when a seller describes something as "ownership" that is not ownership: a power of attorney, loan agreement, nominee title, company share, long-term lease or trust-style promise. Some of these structures can create legal rights if properly designed, but they do not turn a foreigner into the registered owner of Cambodian land.

> Important. This material is for general educational purposes and is not legal, tax or investment advice. Foreign-ownership rules and registration procedures change and depend on the specific property and deal — foreign-ownership eligibility and transaction structure must be reviewed by an independent Cambodian lawyer using the documents for the exact property before any decisions or payments.

Land cannot be registered directly to a foreigner

Cambodia’s Constitution and Land Law restrict land ownership to Cambodian citizens and qualified Cambodian legal entities. The restriction applies not only to an empty plot. Land is the legal foundation for many property types:

• villa;
• townhouse;
• standalone house;
• shophouse;
• warehouse;
• hotel building;
• commercial building on its own plot;
• agricultural land.

If a seller says they are selling "only the house, not the land" to a foreigner, you need to see the legal structure, registration and right to the structure itself. A private sentence in a sales contract is not enough. In a normal villa sale, the land and the structure are connected, and the land title is the decisive document.

The source of money does not change the rule. A foreigner does not receive a land title because they fully paid the purchase price, lived in Cambodia for years, hold a visa or work permit, are married to a Cambodian citizen, or signed a power of attorney.

The first step is to classify the asset legally. Price discussions come after that. The word "apartment" in a brochure does not prove that the property is a registered private unit in a co-owned building.

Apartments foreigners also cannot own

Cambodia’s 2010 law created an exception allowing foreign ownership of certain private units in co-owned buildings. This exception is limited. It does not mean that every room in every multi-storey building is available to foreigners.

The unit must be above the first ground-level floor. The ground floor and underground areas cannot be owned by foreigners under this regime. Check floor numbering carefully: international marketing may call a level "first floor" in a way that does not match the legal concept of the first ground-level floor.

There is also a location restriction. Foreign ownership in co-owned buildings within 30 kilometres of Cambodia’s land borders is restricted, except for areas specifically determined by the government.

The foreign quota is up to 70% of the total area of all private units in the building. It is measured by area, not simply by number of units. Even a physically eligible unit cannot be registered to a foreigner if the quota is already full.

For a direct foreign apartment purchase, you need four confirmations:

1. The building is registered as a co-owned building or condominium.
2. The space is a private unit, not a hotel room, ordinary apartment block or informal subdivision.
3. The floor meets the legal requirement.
4. The foreign quota allows the transfer.

If any one of these is missing, the sale agreement by itself will not create valid foreign ownership.

A unit without a separate title is not complete ownership

A completed building and a completed ownership right are different things. A unit can be built, furnished and occupied without yet having a separate cadastral title that can be transferred to a foreign buyer.

Before the individual title is issued, the buyer may have:

• sale and purchase agreement;
• payment receipts;
• handover record;
• developer promise to register later;
• management or lease agreement.

These documents may prove contractual rights. They do not replace state registration of the private unit.

Take special care with offers involving:

• an apartment in an ordinary building not registered as a condominium;
• an old building not subdivided into individual titles;
• hotel apartment without private title;
• share in a project instead of a specific unit;
• local informal paper described as a full title;
• ready unit where the seller cannot show the path to registration.

Buying off-plan is not automatically wrong. But the legal result must be described honestly: until registration, the buyer usually has a claim against the developer, not an already issued title.

If the building cannot legally be registered as a condominium, a promise of future foreign ownership may be impossible to perform. Project status should be checked before any non-refundable reservation, not after construction.

Papers that do not turn a foreigner into a landowner

The most common mistake is assuming private documents can replace the foreigner’s name in the land register. They may support a money claim or contractual claim, but they do not create a prohibited ownership right.

A power of attorney allows someone to act for the title holder. It does not change the owner. It may be revoked, lapse after death or be challenged.

A loan agreement proves a debt. A creditor can claim repayment, but does not become the owner of the land.

A mortgage or security may protect a loan if properly created and registered. It gives secured-creditor rights, not free ownership.

An option to buy does not remove the land restriction. A foreigner still cannot demand land registration in their own name unless legally eligible.

Marriage to a Cambodian citizen does not make the foreign spouse the registered co-owner of land. If the title is in the local spouse’s name, that person is the registered owner against third parties.

Each tool can have a lawful use in a proper transaction. The problem begins when it is sold as an equivalent to full land ownership.

Nominee ownership is not the same as ownership

A nominee structure usually works like this: a Cambodian citizen registers the land in their own name, while a foreign investor provides the money and receives private documents such as a power of attorney, loan agreement, mortgage, will or declaration of beneficial ownership.

In the land register, the Cambodian nominee remains the owner. The foreigner depends on private obligations and the ability to enforce them if a conflict arises.

Risks are not limited to dishonesty. The nominee may:

• die;
• divorce;
• lose capacity;
• incur debts;
• face court attachment;
• mortgage the land;
• transfer it to relatives;
• refuse to sign a later sale;
• leave heirs who dispute the arrangement.

Even a trusted friend cannot control all these events. "We trust each other" does not remove legal dependence.

Professional legal commentary repeatedly warns that nominee structures created to bypass foreign land-ownership restrictions are legally vulnerable. In a dispute, the foreigner may have to prove a private arrangement while asking a court to protect a result that conflicts with the core restriction.

Company, lease and trust are different rights

Legal structures exist, but each gives a different right. Do not confuse them with a personal land title.

A Cambodian company may own land if it qualifies as a Cambodian legal entity. Usually, at least 51% of shares must be held by Cambodian participants. The foreigner owns shares or corporate rights. The company owns the land.

A registered long-term lease gives a time-limited right to use land or a building. Cambodia’s Civil Code allows long-term leases up to 50 years, with renewal possibilities within the law. The lessee does not become the landowner, even if the full rent is paid upfront.

A registered trust involves a licensed trustee, formal registration and regulated beneficiary rights. The land title is not registered personally to the foreign beneficiary.

Any of these may be suitable for a specific case. But the costs, control, inheritance, tax, exit route and dispute scenario must be analysed separately. Do not pay for a villa as if it were ordinary freehold and accept later that "the structure will be solved after deposit".

What even a clever structure cannot fix

Some buyers focus so much on foreign restrictions that they forget to check the asset itself. A company, lease or trust does not fix defective land.

Regardless of nationality, beware of:

• state public land;
• unclear cadastral identification;
• disputed boundaries;
• indigenous community land;
• protected areas;
• illegal occupation;
• double sale;
• forged title;
• undisclosed mortgage or attachment;
• seller without authority;
• inheritance dispute;
• local informal paper sold as a clean title.

If the seller’s right is defective, a complicated foreign structure only adds another risk layer. First check the title and seller authority. Then check whether the intended structure is lawful and workable.

Advertising claims that need immediate legal review

The following phrases should move the conversation from sales to legal due diligence:

• "villa in full foreign ownership";
• "the land will be on a local person only formally";
• "power of attorney fully replaces title";
• "49% of the company gives unconditional land control";
• "ground floor can be registered like any other unit";
• "individual title is not needed";
• "long-term lease is basically freehold";
• "50 plus 50 years are guaranteed";
• "the trust does not need registration";
• "all foreigners buy this way";
• "we will solve the structure after the deposit."

The word "freehold" in English marketing materials is not proof. You need to know what right will be registered and in whose name.

There is also a conflict of interest when the same intermediary sells the property, provides the nominee, prepares documents, checks title and guarantees safety. The buyer needs an independent adviser whose fee does not depend on closing that exact deal.

What to verify before any reservation payment

Before any non-refundable payment, request documents that answer one question: can the promised right be legally registered to this buyer?

For a condominium unit, request:

• condominium registration;
• master title for the land or building;
• individual title or clear procedure for issuing it;
• unit number and floor;
• foreign-quota confirmation;
• draft sale and purchase agreement;
• disclosure of encumbrances;
• seller authority.

For a house, villa or land structure, request:

• land title;
• cadastral number and boundaries;
• identity of registered owner;
• authority of signatory;
• mortgage, attachment and dispute disclosure;
• draft legal structure;
• registration process for the chosen right;
• death, sale and insolvency scenario.

An independent lawyer should answer in writing:

1. What right will the buyer receive?
2. In whose name will it be registered?
3. Which registry will record it?
4. Can it be sold, transferred or inherited?
5. Who controls the asset during a conflict?
6. Which documents will be issued after completion?
7. What happens in the worst realistic scenario?

If the result is only a promise by the title holder, the buyer is taking a contractual risk, not acquiring ordinary ownership.

When direct foreign ownership is possible

For most private foreign buyers, the clearest direct ownership asset is a private unit in a registered condominium. It must be above the first ground-level floor, have or be capable of receiving individual title, and fit within the remaining foreign quota.

Even here, due diligence does not end with the word "condominium". Check that:

• the seller owns this exact unit;
• number, floor and area match;
• title is genuine and current;
• no mortgage or attachment exists;
• foreign registration is allowed;
• management-fee arrears are disclosed;
• payment is linked to title transfer.

Direct ownership of a condominium unit does not include an ordinary land title for a plot share beneath the building. The owner receives the private unit and rights in common areas under the co-owned building regime.

For a villa, land plot or standalone commercial building, another structure must be used. That does not make the purchase impossible. It changes the nature of the investment. The buyer must evaluate the exact right, term, cost, control and dependencies.

Bottom line

A foreigner cannot directly register land in Cambodia. A plot, villa, townhouse or standalone house cannot be purchased in the same way as an eligible condominium unit. Among apartments, foreign buyers must still avoid ground-level units, buildings without the correct legal regime, units without individual title and cases where the foreign quota is exhausted.

A power of attorney, receipt, loan, mortgage, marriage or title in a friend’s name does not create foreign land ownership. Company structures, long-term leases and registered trusts can be lawful tools, but they give different rights and should never be marketed as a personal land title.

Before reserving, identify the legal type of property, verify the title and obtain a written description of what will be registered. If the seller wants to discuss the legal structure only after the deposit, stop before the documents are clear.

Sources

1. Kingdom of Cambodia — Constitution, Article 44. Land-ownership restriction to Cambodian citizens and Cambodian legal entities. Reviewed 25 June 2026.
2. Kingdom of Cambodia — Land Law 2001 and official Council for the Development of Cambodia explanations. Rules on land ownership and Cambodian legal-entity criteria. Reviewed 25 June 2026.
3. Royal Government of Cambodia — Law on Providing Foreigners with Ownership Rights in Private Units of Co-Owned Buildings, 2010. Floor, common-area and location limits. Reviewed 25 June 2026.
4. Royal Government of Cambodia — Sub-Decree No. 82 on the Proportion of Private Units That May Be Owned by Foreigners. Foreign quota of 70%. Reviewed 25 June 2026.
5. Civil Code of Cambodia — long-term registered lease provisions, including term, transfer and inheritance principles. Reviewed 25 June 2026.
6. Cambodian Trust Law and regulations of the Trust Regulator. Registration and trustee-licensing requirements. Reviewed 25 June 2026.
7. BNG Legal and Multilaw — Real Estate Guide Cambodia. Professional analysis of nominee structures, companies, leases and trusts. Reviewed 25 June 2026.

Frequently asked

Can a foreigner register a villa in their own name if they paid for both the house and the land?

No. Payment does not remove the restriction on direct foreign ownership of land. The legal structure must be analysed separately, and the buyer must understand exactly which right they will receive.

Can a foreigner own an apartment on the ground floor?

Under the foreign private-unit ownership regime, no. The buyer must also check the legal floor numbering, condominium registration and available foreign quota.

Do a long-term lease or company structure give the same result as freehold ownership?

No. A lease gives a time-limited right of use, while a company structure gives corporate rights in a legal entity that owns the asset. Neither is the same as a personal land title in the foreign buyer’s name.