NovProperty defects and warranty in Cambodia
Defects are easiest to fix before the buyer signs a clean handover acceptance. In Cambodia, the safest approach is document-based: the SPA should explain inspection, defect recording, repair deadlines and what happens if defects remain. Do not assume an international warranty period applies automatically.
Nonconformity reaches beyond cracks and leaks
Article 539 of Cambodia's Civil Code ties the seller's duty to delivery of property conforming to the contract. The analysis can extend beyond visible damage to quantity, quality and description, a difference from a sample or model, and unfitness for a purpose made known at contracting or for ordinary use of property of that kind.
Before inspection, build one contractual benchmark from the signed SPA, finish schedule, plan and area, furniture and appliance list, agreed variations and any document that expressly incorporates show-unit or marketing representations. A photograph of the model unit can evidence a difference, but it is much stronger when paired with a clause making the material, feature or performance part of the bargain.
Four different defect questions
| Issue | Example | Document to check |
|---|---|---|
| Handover defects | Scratches, leaks, broken fittings, unfinished work | SPA, handover record, defect list |
| Latent defects | Leak or electrical fault discovered later | Warranty clause and notice procedure |
| Common-area defects | Lift, corridor, pool, facade, drainage | Management documents, co-owner rules |
| Appliances/furniture | AC, refrigerator, washer, built-ins | Warranty cards, invoices, supplier documents |
What the SPA should say
The SPA should state how notice of inspection is delivered, how many days the buyer has to inspect, whether a representative or engineer may attend, how defects are recorded, the rectification deadline, whether a second inspection is available and how disagreements are resolved.
Choose the legal outcome before demanding a refund
Articles 540–545 of the Civil Code provide different responses to nonconformity: remedy or complete performance, price reduction, termination where the defect defeats the purpose of the purchase, and compensation for proven loss. The Code also permits the seller to cure at its own expense where the buyer is not unfairly prejudiced. These remedies are not automatically available or mutually compatible merely because an item appears on a defect list.
For rights under Articles 542–544, Article 547 states a one-year exercise period running for the buyer from when the defect or damage was known or should have been known; damages follow a separate general limitation framework. Preserve the first-symptom date, notice, replies and inspection outcomes, and obtain legal review before the contractual warranty label causes a false sense that all deadlines are still open.
A buyer is better protected when final payment is linked to objective conditions: project completion, unit readiness, inspection opportunity, defect-list preparation, readiness for possession and delivery of required documents.
Handover inspection checklist
- Layout, measured area, floor and unit number.
- Floors, walls, ceilings, paint and tile joints.
- Windows, balcony doors, locks and seals.
- Water pressure, drainage, hot water and visible leaks.
- Electrical sockets, lights, panel and switches.
- Air-conditioning units and remote controls.
- Kitchen, sanitary fittings, built-ins and furniture.
- Appliances, warranty cards and serial numbers.
- Utility meters, access cards and keys.
- Balconies, corridor, lift lobby and nearby common areas.
How to record defects
The defect list should be written, dated and supported by photographs or video. Each item should identify location, issue, responsible party and repair deadline. Vague wording such as "minor defects to be fixed later" is weak.
Make the notice start a provable cure process
Send the defect list by the method and to the address required by the SPA, not only to a salesperson's chat account. Identify the buyer and unit, discovery date, precise location and symptom, supporting images or video, requested action, access windows, responsible addressee and a request for written acknowledgement.
Article 542 of the Civil Code allows the buyer to fix an additional period of reasonable length for the seller's performance. Record its end date, the reinspection procedure and the outcome for every item: cured, partly cured, not cured or disputed as to cause. Do not invent a universal number of days; reasonableness depends on the defect, safety, parts, the SPA and the actual circumstances.
| Good record | Weak record |
|---|---|
| Bedroom window does not close; photo 12; repair by seller by 15 August 2026 | Window issue |
| AC unit in living room not cooling; serial number recorded; supplier to test | AC to check |
| Bathroom drain backs up after 3-minute shower; video attached | Bathroom problem |
Before signing acceptance
Do not sign a defect-free handover acknowledgement before checking water, electricity, air-conditioning, windows, doors, finishes, furniture and appliances. If the developer requires a handover record while defects remain, the document should preserve the defect list and repair obligations.
Clean acceptance does not erase a knowingly undisclosed defect
Article 548 of the Civil Code prevents the seller from escaping defect liability for a defect it knew about and failed to disclose, even where the parties agreed to discharge or limit the relevant warranty liability. The buyer still needs evidence of the defect, seller knowledge, nondisclosure and loss; a broad no-claims statement can make that evidential dispute harder.
Where the SPA is a standard-form consumer contract and the purchaser meets the consumer definition, Prakas No. 0067 restricts clauses excluding or limiting the operator liability tied to Civil Code Articles 539–545 and clauses allowing quality to be changed without consent. Do not declare an SPA or handover term void without advice. Preserve express reservations for unresolved and latent defects and have independent counsel review the release language before signature.
If the contract requires final payment before handover, it should still preserve an enforceable post-payment repair process. Otherwise the buyer's leverage may drop sharply after funds are released.
Warranty period and notice
We could not find an official Cambodia-wide condominium warranty period. Warranty duration, excluded items, notice method, repair deadline and evidence requirements should therefore be read from the SPA, handover record, warranty document and supplier papers.
The contractor warranty upstream is not automatically the buyer warranty
Article 71 of Cambodia's 2019 Law on Construction sets minimum defect-warranty periods for work covered by a construction contract: at least 10 years for reinforced-concrete, concrete-steel composite and steel structures; at least 5 years for exterior walls, windows, doors and roofs; and at least 2 years for electrical, plumbing, mechanical and related works. Under that article, time runs from handover of the construction and a shorter period in the construction contract is null.
That is an important upstream layer, not proof of an identical direct claim by a unit buyer. The Law defines the construction contract as one between the construction owner, which may be the developer, and the builder, or between a builder and subcontractor. The SPA and handover papers should therefore identify the entity directly responsible to the buyer, the start date of its promise, the notice channel, the repair standard and whether the developer must enforce or pass through its contractor rights.
Separate the developer's responsibility for construction/fit-out from manufacturer warranties for appliances and furniture. Ask who accepts the notice: developer, building manager, contractor, supplier or manufacturer service centre.
Self-repair does not create an automatic set-off
Before non-emergency work, give the responsible party compliant notice, a reasonable opportunity to inspect and cure, and a written deadline. Record the original condition through an independent specialist, obtain comparable quotations, retain replaced parts, invoices and proof of payment, and explain why the chosen scope was necessary and proportionate.
For an emergency, mitigate the damage first and document why waiting was unsafe. But do not deduct repair costs from an SPA instalment or treat them as an admitted debt without a contractual basis, agreement or legal advice. A unilateral deduction can create a separate buyer payment default even where the underlying defect is genuine.
Common-area defects
A private unit can look acceptable while the building still has common-area problems: lift reliability, water pressure, drainage, facade issues, corridor finishes, parking or pool defects. These issues can affect rent, resale and daily use, so they should be recorded during handover or building review.
An occupancy certificate is not a defect-free certificate for the unit
Article 44 of the Law on Construction requires competent-authority permission to occupy construction that required a building permit, following certification of compliance with building technical regulations. The document matters for lawful occupation, but it does not by itself prove that every private unit matches its SPA, every finish is snag-free or every promised common area has been delivered.
Article 47 periodic control follows the building’s post-occupancy calendar and concerns building and common-system safety. It does not replace inspection of a selected-unit defect, create a seller warranty or prove that a due report was actually performed. Obtain the occupancy date and scope and then the available reports; where the building has not reached its first mandatory cycle, record that rather than alleging a missing inspection.
What sources did not confirm
No public Cambodia-wide standard defect-list form, warranty period or appliance-warranty rule was confirmed in open sources. Treat defects and warranty as document-specific and specific to the project.
A consumer complaint is a parallel route, not a replacement for the SPA
Cambodia's Law on Consumer Protection brings the supply of real rights in immovable property to consumers within its scope. Prakas No. 0067 allows a consumer or another party to complain about noncompliance with its standard-form-contract rules to the National Commission for Consumer Protection or the relevant sector authority. The Ministry of Commerce has also issued a real-estate-sector reminder on the Law and the Prakas.
A complaint file should identify the seller's exact legal entity and include the SPA, schedules, handover record, contractual specification, notice chronology, defect evidence, replies and requested outcome. Consumer status depends on the transaction purpose, and filing does not automatically suspend instalments, SPA notice periods, arbitration or court proceedings, nor does it guarantee repair or compensation.
Preparing for handover? Send the SPA and handover notice to us. We'll help turn the inspection into a document checklist before you sign acceptance.
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Is there a standard Cambodia condo warranty period?
We could not confirm a Cambodia-wide standard warranty period. The period and procedure should be checked in the SPA, handover record, warranty document and appliance papers.
Should I sign handover if defects remain?
Do not sign a clean defect-free acceptance if defects remain. Record them in writing with photos, repair deadline and responsible party, or make reservations clear in the handover document.
Are appliance warranties the same as developer defects?
No. Built-in works, common areas, furniture and appliances can have different responsible parties and warranty documents.
Sources
- Existing NovAsia SPA research: inspection, defect list, rectification and final-payment conditions.
- Existing NovAsia remote-purchase research: independent handover inspection and written snagging list.
- Existing NovAsia apartment-upkeep research: owner repair reserve and appliance/replacement costs.
- Existing NovAsia registry/process research: completed-property and management document checks.