Where the Apartment Ends and Common Property Begins in a Cambodian Condominium

Prepared by the NovAsia Editorial Team

A pipe leaks inside an apartment and damages the ceiling below. The owner assumes responsibility because the pipe is physically within the unit. Building management says it is a common riser and therefore a condominium expense. Several days later, the parties discover that the pipe itself is common but the leak started after work carried out by the owner's contractor.

Similar disputes arise over windows, balconies, façades, waterproofing, air-conditioning, electrical lines, structural slabs and service shafts. The answer is rarely determined by the simple phrase “it is inside my apartment”.

The boundary between private and common property depends on a combination of documents and the function of the element: the registered plan, individual title, internal regulations, schedule of common property, construction documents and the purpose of the particular system.

For an owner, the distinction matters because it affects:

1. who must maintain the element;
2. who pays for repair;
3. who may be liable for damage to neighbours;
4. who may decide to replace or alter it.

The registered plan matters more than the visible boundary

Walls, doors and flooring create an intuitive physical boundary, but the legal line can run differently. In a Cambodian co-owned building, private units and common property should be identified through the registered building documents and internal regulations.

A buyer or owner should compare:

• the individual title;
• the private-unit plan;
• the registered co-owned building plan;
• the list or description of common property;
• internal regulations;
• the sale and purchase agreement and schedules;
• construction drawings;
• renovation rules;
• insurance documents;
• owner or board resolutions.

A marketing floor plan or brochure is not a substitute for registered documents.

What commonly forms part of the private unit

The general logic of co-ownership is that elements serving only one owner are more likely to be private. Depending on the building documents, these may include:

• internal non-load-bearing partitions;
• internal finishes to walls, floors and ceilings;
• internal doors;
• kitchen equipment and fitted furniture;
• plumbing after the individual connection point;
• electrical wiring after the unit meter or distribution board;
• equipment serving only one apartment;
• the internal face of windows and doors;
• parts of a balcony or terrace reserved for exclusive use.

Even within the private floor area, common elements may exist: a riser, column, load-bearing wall, service shaft, fire line or cable serving other units.

Physical location therefore does not settle ownership.

What commonly belongs to the co-owners collectively

Common property generally includes elements serving the building or more than one unit, such as:

• the co-owned land;
• foundations;
• load-bearing walls, columns, beams and slabs;
• the roof;
• the façade;
• stairs, corridors and lobbies;
• lifts;
• shared roads and access routes;
• plant rooms;
• fire systems;
• common water and drainage risers;
• central electrical and telecommunications lines;
• pumps, tanks and generators;
• shared ventilation;
• pools, gyms and other amenities;
• parking unless separately titled or exclusively allocated under the documents;
• external landscaping.

A shared element does not become private merely because it passes through one apartment. A riser concealed inside a kitchen cabinet may still serve the entire vertical stack.

Structural elements nearly always require common control

Columns, beams, floor slabs and load-bearing walls affect the safety of the whole building. An owner should not cut, weaken, relocate or conceal them without the necessary technical approval.

Even when a column is inside the purchased floor area, the right to use the surrounding space does not create a right to alter the structure.

Particularly risky work includes:

• chasing load-bearing walls;
• drilling through slabs;
• removing fire-rated partitions;
• altering service shafts;
• enlarging structural openings;
• installing heavy equipment without load assessment.

Management controls this work not because it owns the private apartment, but because it must protect common property and other co-owners.

A window can contain both private and common responsibilities

Windows often have a mixed status. The internal handle, lock or decoration may be private. The external profile, weather seal, colour, reflectivity and visual appearance affect the façade and the building as a whole.

An owner should not assume that the size, colour or specification can be changed freely. Even replacement of broken glass may require an approved material and contractor.

To allocate cost, establish:

• which parts are identified as private;
• who maintains external sealing;
• whether the problem is ordinary ageing;
• whether it is a construction defect;
• whether the owner altered the window;
• whether insurance responds.

The phrase “the window is in my apartment” does not provide a complete answer.

A balcony has several separate legal layers

A balcony may be for the exclusive use of one apartment while containing elements with different ownership and maintenance rules.

It helps to separate:

• surface tiles;
• screed;
• waterproofing membrane;
• structural slab;
• balustrade;
• external façade surface;
• local drain;
• shared rainwater stack.

The owner may maintain the finish and keep the drain clear, while the condominium controls the slab and façade. A leak may still result from damage caused when the owner replaced the tiles. In that case, the common status of the underlying structure does not remove liability for the owner's intervention.

Before balcony work, obtain the building's written responsibility matrix and technical approval.

Pipes are divided by function, not by room

A functional test is usually more useful for water and drainage systems.

A common riser serves several apartments and remains part of the shared system even when it runs through a private unit.

An individual branch after the connection point serves one unit and is more likely to be the owner's responsibility.

The internal documents may define the boundary differently. Relevant markers include the isolation point, individual meter, valve and the actual function of the line.

After a leak, determine:

1. which section failed;
2. which premises it serves;
3. who had the maintenance duty;
4. what caused the failure;
5. when each party became aware;
6. whether reasonable mitigation was taken.

The duty to repair the pipe and the duty to compensate for damage are not necessarily borne by the same party.

Air-conditioning is another mixed system

The indoor unit usually serves one apartment. The outdoor unit may sit on the façade, a technical balcony or common platform. Refrigerant lines cross the external wall and condensate may discharge into a shared stack.

Possible allocation includes:

• the owner maintains the indoor and outdoor equipment serving the unit;
• the condominium controls location, fixing and appearance;
• the condominium maintains the central condensate stack;
• the owner maintains the individual drain to the connection point;
• the owner compensates for damage caused by poor installation.

Before replacement, check permitted capacity, mounting location, fixing method, pipe route and condensate disposal.

Waterproofing requires investigation of the cause

Water ingress from a terrace, bathroom or podium can result from a common structural layer, a construction defect, ageing or owner intervention.

Possible scenarios include:

• defective original installation, potentially involving the developer or warranty contractor;
• worn common membrane, requiring common repair;
• puncture caused by the owner's installation;
• leakage from private plumbing rather than the structure;
• a blocked common drain;
• management's failure to act after repeated warning.

Before demolition, it may be useful to obtain an independent inspection, map moisture and document the direction of spread. Cosmetic work carried out too early can destroy evidence of the source.

A roof remains common even with exclusive access

A penthouse owner may have exclusive use of a terrace, but the roof protects the whole building and is usually common property.

Exclusive use does not always create sole responsibility for capital replacement. The internal regulations may place daily care and drain cleaning on the user while allocating replacement of the common membrane or structure to all co-owners.

Any canopy, pool, garden, enclosure or heavy equipment on a roof requires careful review of structural load, waterproofing and approval.

Liability for damage to another apartment depends on conduct as well as ownership

The status of the failed element is only one part of the analysis.

The parties should establish:

• who owns or controls the source;
• who was required to maintain it;
• whether anyone acted negligently;
• whether warnings were ignored;
• who carried out an alteration;
• whether a construction defect contributed;
• whether a tenant was involved;
• whether the affected owner mitigated loss;
• what the insurance policies cover;
• whether causation is supported by evidence.

For example, a common riser may burst inside a private apartment. The condominium may be responsible for repairing it. If the owner repeatedly refused access after receiving warnings and the damage worsened, responsibility for the additional loss may be shared or adjusted.

Conversely, a shared rainwater pipe may be blocked by debris placed there by one owner. The element is common, but the harmful act is private.

Emergency action and final liability are different questions

During an active leak, the first priority is to stop water, protect people, isolate dangerous systems and limit damage. A cost dispute should not delay necessary mitigation.

A sensible sequence is:

1. document the incident with photographs and video;
2. notify management and affected neighbours;
3. isolate water or equipment;
4. arrange safe access;
5. call an appropriate technical specialist;
6. carry out temporary mitigation;
7. investigate the cause;
8. preserve failed parts and invoices;
9. notify insurers;
10. allocate final cost separately.

One party paying for urgent work does not always amount to an admission of final liability.

Access to a private apartment should be justified and controlled

Common pipes and structures may be located inside a private unit. Management sometimes needs access for inspection or repair.

An owner should generally provide reasonable access to prevent damage and maintain common property. This does not give management an unrestricted right to enter whenever convenient.

The rules should identify:

• the reason for access;
• advance notice;
• the emergency procedure;
• authorised persons;
• accompaniment or witnesses;
• photographic records;
• responsibility for damage to finishes;
• reinstatement after work.

An overseas owner should have a local representative and an agreed emergency-access protocol.

Renovation inside the apartment can still affect common property

Even work described as cosmetic can affect the façade, waterproofing, fire safety, acoustic performance and shared services. Buildings commonly require approval for:

• moving kitchens or bathrooms;
• replacing windows;
• installing or relocating air-conditioning;
• drilling through façades or slabs;
• replacing the entrance door;
• relocating sprinklers or detectors;
• combining units;
• placing heavy equipment;
• balcony work;
• external alterations.

Approval should not become an arbitrary prohibition on normal private use, but owners must comply with reasonable safety and common-property controls.

A common repair may still need owner approval

Even where an element is clearly common, the property manager may not have unlimited authority to begin an expensive replacement and bill the owners.

Check:

• the board's delegated authority;
• the approved budget;
• voting thresholds;
• procurement rules;
• reserve availability;
• whether the work is truly urgent;
• insurance;
• developer warranties;
• the formula for allocating cost.

Emergency action may require immediate authorisation. A planned capital upgrade usually needs technical justification, quotations and proper approval.

Insurance boundaries may not match the legal boundary

The condominium may insure the shared structure and equipment, while the owner insures internal finishes, contents and personal liability. Gaps can remain between the policies.

For example, the building policy may pay to restore a slab but not expensive flooring and furniture. The owner's policy may cover the finish but exclude gradual leakage. Each insurer may dispute the cause and date.

Owners should confirm:

• what the building policy covers;
• the deductible;
• exclusions;
• who pays the deductible;
• whether alternative accommodation and loss of rent are covered;
• whether personal liability cover is needed;
• how common-property and private claims are notified.

A responsibility matrix is more useful than broad definitions

A practical internal schedule might look like this:

If owner action causes extra damage, the responsible owner may need to reimburse the condominium even where the affected element is common.

The matrix must reflect the registered documents. It cannot privately rewrite ownership.

What to review when buying a completed apartment

Request:

• the individual title and plan;
• the registered building plan;
• the schedule of common property;
• internal regulations;
• renovation rules;
• history of leaks and significant defects;
• the building insurance policy;
• resolutions concerning future works;
• correspondence about façades, balconies and windows;
• unresolved neighbour claims;
• approvals for previous alterations;
• reports on relevant building systems;
• confirmation of outstanding claims or liabilities.

A heavily renovated apartment deserves particular attention. A polished interior does not reveal whether pipes were moved lawfully, structural elements were altered or waterproofing was preserved.

Conclusion

The boundary of a private unit does not always follow the visible inside face of the walls. Shared risers, columns and service lines may pass through a private apartment, while a window or balcony can contain both private and common layers.

To allocate responsibility, separate three questions:

1. who owns or controls the element;
2. who had the maintenance duty;
3. what caused the damage.

Those questions are connected but not identical.

During an emergency, damage should be limited first and final cost allocated afterwards. Management needs reasonable access to shared systems, while owners need protection against arbitrary entry and a clear reinstatement process.

The reliable answer comes from the registered plan, internal regulations, technical records and evidence of cause. A visible boundary or an agent's verbal explanation is not enough.

This article is for general information and is not legal, technical or insurance advice. The status of a particular element and the allocation of costs should be checked against the documents of the specific building and the facts of the incident.

Sources

1. Royal Government of Cambodia — Sub-Decree No. 126 on the Management and Use of Co-Owned Buildings.
2. Kingdom of Cambodia — Law on Providing Foreigners with Ownership Rights in Private Units of Co-Owned Buildings, 2010.
3. Kingdom of Cambodia — Law on Construction, 2019.
4. Kingdom of Cambodia — Law on Insurance, 2014.
5. RICS — professional property-management principles, used as comparative guidance rather than mandatory Cambodian law.

Frequently asked

Does everything inside the apartment belong to the owner?

No. Common risers, columns, load-bearing walls, service shafts, fire lines and other systems serving the building may pass through a private unit.

Who pays when a common riser leaks inside an apartment?

Repair of the riser normally belongs to the common system, but liability for resulting damage can depend on the cause, access delays, negligence and insurance.

Can an owner replace the windows without approval?

Not always. Windows affect the façade, safety and weatherproofing, so the material, colour, specification and contractor may need building approval.

Is a balcony private property or common property?

It may contain both. The owner may control the finish and exclusive use, while the slab, façade, balustrade, waterproofing or drainage may remain common.

Can building management enter an apartment without permission?

The internal regulations may permit urgent access during a genuine emergency. In ordinary circumstances, access should have a proper reason, notice and a defined procedure.