NovCan a foreigner buy this property in Cambodia
A foreigner's right to property in Cambodia is not a blanket "yes or no" — it's "yes or no for this specific property". It depends on what exactly you're buying, on which floor, with what title, and whether you're within the building's foreign quota. Below is a step-by-step checklist that walks through the key branches and shows the logic. Up front: this is an educational tool, not a legal determination. Its result is "potentially eligible / requires verification", and it does not replace verification of the contract, title and quota by an independent lawyer before the deal.
Step-by-step checklist
Step 1 of 5
Is this a private unit in a condominium (a co-owned / strata building) — rather than land or a standalone house with a plot?
A foreigner can own an apartment in a registered co-owned building. Land, a villa with a plot, or a townhouse with land is a different scenario.
Is the unit above the ground floor?
Conservative rule: a foreigner may own units above the ground floor. Treat the ground floor as unresolved until separately verified.
Does the unit have a registered private title (strata / hard title) — not just the word "freehold" in a brochure?
Marketing "freehold" in a brochure is not proof of title. You need a registered title document for the specific unit.
Is the building's foreign quota still available for this unit?
Under the 2010 Law, foreign ownership in a co-owned building is capped at 70% of the private-unit area. The provision itself is set in law, but the remaining quota for the specific building is confirmed with the developer and the title office.
Is there any land component, a leasehold structure, border/state land, or another specific to the project restriction?
Not all products are strata condos. Villas and borey with land, leasehold and border zones follow a separate scenario with a lawyer.
The checklist does not store or send your answers anywhere — all the logic runs in your browser. Any result is an educational reference, not a legal determination for a specific property.
What's behind each step
Below are the same rules in words, so you can see why the checklist asks exactly these questions. Each is a general rule, not a check of a specific unit.
1. Land and a unit are different rights
Direct land ownership in Cambodia is reserved for the country's nationals and Cambodian legal entities. A foreigner does not register land directly. But that doesn't prevent owning a private unit in a condominium: owning an apartment and owning land are legally different things. That's why the first question separates an apartment from land and houses with a plot.
2. A co-owned building, not a standalone house
A foreigner's right is discussed for private units in registered co-owned buildings (condominiums), not for standalone houses and villas with land. You need documents proving the building is registered (or registrable) as co-owned, and that the unit has a correct title basis.
The SPA creates a contractual claim; ownership follows registration
For an off-plan unit, the SPA records the parties' obligations, price, property and promised title route, but it does not itself complete the registered transfer. Article 8 of Cambodia's law of 24 May 2010 says an agreed transfer of special co-ownership is not effective until registered under the applicable procedure.
Before a material payment, the SPA should identify the documents and actions required to create the co-owned building, form the private unit, confirm foreign quota and file the transfer. After handover, track document preparation, filing, evidenced fees, completed registration and receipt of the certificate in the buyer's name separately.
Verify the land, building and unit as three connected records
Counsel should connect the project's legal basis over the land, the documentary status of the co-owned building and the exact private unit. Reconcile the legal parties, cadastral references, building, floor, unit code, plan, area and measurement basis. A matching project brand or price-list apartment number is not a substitute for this chain.
For a completed unit, the final certificate must identify the selected private unit and building. For an off-plan transaction, establish which document exists now, which legal act remains outstanding and who is obliged to turn the contractual property into a registrable private unit.
3. Floor: above the ground floor
The conservative rule for the checklist: a unit suitable for a foreigner should be above the ground floor. Ground-floor units should be treated as requiring legal verification or unavailable until proven otherwise. The exact wording and basis are confirmed against the documents of the specific project.
4. The building's foreign quota
Treat the building-level quota as a mandatory document check. The 2010 Law on Providing Foreigners with Ownership Rights in Private Units of Co-owned Buildings caps foreign ownership at 70% of the total surface area of all private units in the building. This is a provision of the law, not merely a market reference. But knowing the rule doesn't replace checking the specific building: how much of the quota is already taken by other foreigners, and whether a balance is available for your unit, is confirmed with the developer and the title office for that building.
The quota is calculated by area, not unit count
Sub-Decree No. 82 of 29 July 2010 caps foreign ownership at 70% of the total surface area of all private units in a co-owned building. Ten small foreign-owned units and ten large units can consume very different proportions, so the number of apartments sold to foreigners proves nothing by itself.
The Sub-Decree also provides for the certificate to state the selected unit's surface proportion against the total private-unit area. Obtain dated evidence of quota remaining by area before reservation and re-check it before registration: a marketing statement does not automatically reserve quota throughout construction.
What the foreign co-owner actually holds
A foreign buyer owns the private unit and may use and enjoy the common areas, but does not acquire ownership of the land parcel beneath the building. The law's common-area definition includes the ground, courtyard, stairs, roof, access ways, joint walls, gardens and common-service areas.
Use rights carry obligations. A foreign co-owner bears the same legal and internal-rule obligations as a Cambodian co-owner and participates in common-area maintenance. Before buying, review the building rules, cost share, service charge, management, common-area insurance and governance of major works.
The border restriction has a stated distance
Article 6 of the 2010 Law restricts foreign acquisition of private units in co-owned buildings within 30 kilometres of Cambodia's land borders and in other government-designated areas. The law also provides exceptions for buildings in Special Economic Zones, important urban areas and other areas designated by the government.
For property outside an obvious central-city market, a map measurement is not enough. Counsel should verify coordinates, the relevant administrative decision, territorial status and the building documents. An exception needs a legal basis rather than a sales statement that the location is considered urban.
How to review leasehold instead of ownership
Under Cambodia's Civil Code, a perpetual lease may not exceed 50 years and may be renewed, with the renewed term also capped at 50 years from the renewal date. Renewal is not automatic: the right, process, price and deadlines must follow the contract and the consent of the required parties.
Check the landowner and authority to lease, exact leased property, lease registration, start and end dates, assignment, succession, sublease, security, early termination, change of landowner and treatment of the building or improvements at expiry. Compare a leasehold price against the remaining legal term rather than against the price of registered strata ownership.
A Cambodian company does not turn land into the foreign shareholder's personal property
Article 9 of the 2001 Land Law permits land ownership by a Cambodia-registered enterprise where at least 51% of its shares are held by Cambodian nationals or recognised Cambodian legal entities. It says the percentages in the articles of incorporation control and a private agreement contrary to that requirement is void.
The company owns the land; the foreign shareholder does not own it personally. Review the shareholders, articles, directors, authority, restrictions on land and share transfers, bank mandates, beneficial owners, tax, death or conflict of a participant and the exit route. A structure designed to conceal foreign ownership behind a nominal majority should not be presented as a safe workaround.
A trust is a regulated structure, not title in the beneficiary's name
A trust structure requires the settlor, regulated trustee, beneficiary and trust property to be distinguished. Economic benefit for the beneficiary does not mean the land title is registered in the beneficiary's name. The exact rights arise from the trust instrument, registration and applicable rules.
Check the trustee against the current Trust Regulator list, permitted activity, registration of the specific trust and property, custody of funds and documents, reporting, fees, conflicts, trustee replacement, succession of the interest, exit, asset sale and dispute route. The regulator publishes current operators and regulatory updates, so an old letter or trustee logo does not replace a current status check.
5. Strata / hard title, not a brochure
A foreign buyer needs a registered private (strata) title or equivalent official title documentation for the specific unit, not a marketing "freehold" line in a brochure. Separately, hard title (registered in the cadastral system) and soft title (local/contractual records) are distinguished: for a foreigner's due diligence they are not equivalent. If sources conflict, a lawyer or the title office classifies the actual document.
6. Special restrictions
The final check is "special restrictions may apply": border zones, state and private-state land, borey leasehold products, non-condo structures. Not all properties are strata condos; for example, villa communities with land (like Bakong Village) follow a separate leasehold explanation, not this strata tree.
Property types: what a foreigner can own
A foreigner's right depends on the property type. Below is a guide to the main formats. The final classification for a specific property is made by a lawyer and the title office from the documents, not by marketing wording.
Strata condo (completed)
Yes — directlyRight: private ownership of the unit.
Check: registered title, remaining 70% quota, floor above ground.
Caution: the building's quota may already be used up.
Off-plan condo
Yes — on registrationRight: contractual first; title on completion and registration.
Check: the SPA, the title route, timelines.
Caution: "freehold" in a brochure ≠ an issued title.
Ground-floor unit
Disputed — verifyRight: depends on the building's classification.
Check: the unit's status with the title office.
Caution: often excluded from foreign ownership.
Villa with land
No — not directlyRight: land is not registered to a foreigner.
Check: leasehold or an ownership structure.
Caution: direct land ownership is not available.
Borey / landed community
No — not directlyRight: usually leasehold or a structure, not land ownership.
Check: the ownership form of the specific project.
Caution: "freehold land" in ads is misleading.
Commercial strata office
Yes — like a condoRight: unit ownership if a strata title is issued.
Check: title type, quota, permitted use.
Caution: commercial terms and yield are confirmed separately.
Hotel / resort residence
Depends on structureRight: sometimes ownership, sometimes leasehold or an operator contract.
Check: the ownership structure and the operator's role.
Caution: a promised "yield" is not an ownership right.
Leasehold property
Lease, not ownershipRight: a long-term lease, not freehold of the unit.
Check: term, lease registration, renewal terms.
Caution: this is not ownership of the unit.
Trust structure
Needs legal reviewRight: beneficial ownership via a trust.
Check: legality, tax, recognition of the structure.
Caution: complexity and recognition risk.
Via a Cambodian company
Needs legal reviewRight: land/asset held through a company.
Check: control, tax, legality.
Caution: risk of nominee ownership.
Nominee ownership
Not advisedRight: effectively registered in someone else's name.
Check: a legal alternative instead of a nominee.
Caution: high risk of losing the asset; the law is against nominees.
Phrases that mislead
These marketing words are often mistaken for proof of a right. What they may mean — and what actually confirms the right.
"Freehold"
May mean: "full ownership" in marketing.
Why it isn't enough: it does not confirm a registered title on the unit.
What confirms it: a registered strata / hard title on the specific unit.
"Strata title ready"
May mean: the building is being prepared for co-owned registration.
Why it isn't enough: the unit title has not been issued yet.
What confirms it: the actual title document for the unit.
"Foreign quota available"
May mean: the seller says quota exists.
Why it isn't enough: it is not verified for the specific building.
What confirms it: written confirmation of the remaining quota from the developer and title office.
"Land ownership through a company"
May mean: holding land via a legal entity.
Why it isn't enough: nominee risk; the law limits such schemes.
What confirms it: a legal review of the structure and its legality.
"Nominee ownership"
May mean: registering in a local "nominee's" name.
Why it isn't enough: it conflicts with the law and carries a high risk of losing the asset.
What confirms it: a legal ownership structure instead of a nominee.
"Lifetime lease"
May mean: a "lifetime" rental.
Why it isn't enough: it is a lease, not ownership; the term is capped by law.
What confirms it: the wording and term of the lease and its registration.
"Guaranteed title"
May mean: a "guaranteed title".
Why it isn't enough: title is never guaranteed; registration decides.
What confirms it: the actual registration of the right in the cadastral system.
Want to check a specific unit, not general rules? Send us the project and the floor — we'll gather what can actually be confirmed on title, quota and deal structure, and what's worth showing an independent lawyer before a booking.
Contact usTelegramTake the quizWhat to check next on the property
A foreigner's right is confirmed not by one page but by a chain of checks. For a specific property, move on like this:
- Strata title — what it is and how hard title differs from soft.
- SPA clauses — where the contract fixes title, quota and the registration route.
- Document pack — what to request at each stage of the deal.
- Commercial property — if it is an office or strata commercial unit.
- Project status — how confirmed the data is for a specific project.
- Developers — who builds the property and what to check about them.
- Full cost — transfer tax and the costs of registering the right.
Frequently asked questions
Can a foreigner own land in Cambodia?
Not directly. Direct land ownership is reserved for Cambodian nationals and Cambodian legal entities. A foreigner can own a private unit in a registered co-owned building (condominium), but that is not the same as owning land.
On which floor can a foreigner own a unit?
The conservative rule: above the ground floor. Ground-floor units in a co-owned building should be treated as requiring separate legal verification until proven otherwise.
What is the 70% foreign quota?
Under the 2010 Law on Providing Foreigners with Ownership Rights in Private Units of Co-owned Buildings, foreign ownership is capped at 70% of the total surface area of all private units in the building. The provision itself is set in law; the remaining quota for a specific building still has to be confirmed with the developer and the title office.
Does this checklist replace a lawyer?
No. It is an educational tool that shows the logic of the general rules and gives a "potentially eligible / requires verification" result. The final decision on a specific unit requires verification of the SPA, title and quota by an independent lawyer.
Sources
Constitution of Cambodia (Art. 44) and Land Law 2001 — the principle that land is not registered directly to a foreigner · Law on Providing Foreigners with Ownership Rights in Private Units of Co-owned Buildings (2010): Art. 6 — a foreigner may own units above the ground floor, and foreign ownership is capped at 70% of the total surface area of all private units in the building (also per DFDL's dated analysis) · title-registration practice (hard/soft title). The official MLMUPC law portal was checked 2026-07-05. The 70% cap and the "above the ground floor" rule are provisions of the law; the remaining quota and the title for a specific unit are confirmed against documents. This material is educational and is not legal advice.