NovTaking handover without being there
The developer has set a handover date and you are in another country and cannot travel. This is routine: most foreign owners in Phnom Penh take handover through a representative. It works — on one condition: the representative must carry out a proper handover rather than collect the keys. The difference between those two things usually costs several thousand dollars.
Who can accept the apartment for you
Handover is carried out by a representative under a power of attorney. That can be someone you trust, a local lawyer, or a NovAsia specialist — we arrange handover support when the buyer cannot travel.
Disclose conflicts and verify both signatories
Establish who appointed and pays the representative or inspector, whether they receive any benefit from the developer, building manager or contractor, and whether they are acting for another party at the same time. Article 367 of the Civil Code restricts an agent from acting where the agent's interests conflict with the principal's unless the principal consents. A potential conflict should be disclosed before the visit, and a material technical dispute may justify a separately appointed specialist.
At handover, record the developer-side legal entity, the signatory's name and position, and the basis on which that person can sign the record and acknowledge remedial commitments. Preserve the signed copy and any available proof of authority in the owner's pack. A promise from an employee who lacked authority creates a second dispute where the record was meant to prevent one.
The power of attorney must expressly include the right to inspect the property, sign the handover record, record reservations and receive documents. Set the boundary separately: which decisions the representative may not take without your written consent. The main one is signing the record while defects remain unresolved.
Separate inspection, key custody and acceptance authority
List the representative's powers as distinct acts: enter and inspect, sign a technical schedule, place reservations in the record, collect copies, hold keys, sign subject to recorded defects, sign without reservations, accept a specification substitution and confirm final settlement. Article 366 of the Cambodian Civil Code ties the scope of agency to the instrument that grants it. A broad instruction to 'take handover' may therefore leave exactly the boundary that matters unresolved.
Prepare a decision card before the appointment: wording already approved, wording that requires a live owner decision, and the agreed channel that makes approval valid. The representative should send every page of the final record and its attachments before signing, not merely the signature page. A change made at the table cancels the earlier approval until the owner confirms the revised text.
What to prepare before the date
- A copy of the contract with the specification and floor plan — these are what the built unit is checked against.
- The list of what is included: which furniture and appliances the contract covers, in what model and quantity.
- The power of attorney with the necessary powers.
- An arrangement for contact: ideally a video call during the inspection, so you see the apartment yourself and can ask on the spot.
- Clarity on payments: some developers require the final instalment and fees to be settled before keys are released.
Ask for the occupancy approval details
A key release is not, by itself, evidence that the building may already be occupied. Article 44 of Cambodia's Law on Construction provides for occupancy of a construction requiring a building permit through a certificate of occupancy, while Article 45 allows temporary occupancy of the whole project or a safe part of it. Before handover, ask the developer what document applies, which authority issued it, its number and date, and whether it covers the entire building or only a defined part.
The representative is not replacing the authority or a licensed certifier. Their task is to obtain a copy, or accurately record and photograph what was produced. If the occupancy position is not evidenced, keep it as a separate unresolved item; do not let 'the keys are ready' become an unsupported conclusion that the unit is ready to live in or let. A Cambodian lawyer should assess the consequence under the particular SPA.
What is inspected at handover
This is the core of it and should not be shortened. An inspection to this list takes an hour or so and repays itself many times over.
| What is checked | What to look for |
|---|---|
| Match with the contract | Layout, size, floor, unit number, view, finish against the specification |
| Walls, floors, ceilings | Cracks, unevenness, chipped tiles, gaps, water stains |
| Windows and doors | Open and close, seals, locks, scratches on glass and frames |
| Plumbing | Water pressure, drainage, no leaks under the sink or in the shower, cistern working |
| Electrics | Every socket and switch, lighting, consumer unit, breakers |
| Air conditioning | Starts, cools, is not noisy, drainage does not drip inside |
| Furniture and appliances | Completeness against the contract, models, serial numbers, working order |
| Balcony and glazing | Water run-off, sealing, condition of the railing |
| Meters | Water and electricity readings at handover, photographed with legible digits |
| Keys and access | Number of keys, access cards and remotes — counted |
Each defect found is photographed separately, tied to a room, with something for scale beside it. The defect list must go into the record before signing, not into an email afterwards.
Use 'not tested' when the test could not be performed
Give every item an explicit outcome: tested and satisfactory, tested with an issue, not tested, or missing against the contract. For a 'not tested' item, state why: no water or power, the system was not commissioned, a remote was missing, a room was locked, access was unsafe, or the developer prevented the test. Do not treat one working socket, tap or air-conditioning unit as evidence for every point in the system.
A handover visit records what was visible and accessible on that date; it does not prove the absence of concealed defects. RICS professional material distinguishes patent from latent defects and stresses factual reporting. Arrange supplementary access or a specialist investigation for untested elements, and never write 'working' simply to complete the developer's form.
Turn the snag list into a controlled register
Give each issue a permanent identifier. Record the room and component, the contract or specification reference where available, a factual observation without guessing the cause, supporting images, effect on use, requested action, responsible party, agreed date and current status. Use the same identifier in the handover record, file name, correspondence and reinspection report so one defect cannot fragment into several unrelated messages.
Where the developer's form has too little space, attach a numbered schedule, identify it and its page count in the record, and ask the parties to sign or otherwise acknowledge every page. If the developer refuses the attachment, preserve evidence that it was tendered and escalate immediately to the owner and lawyer. Do not let the representative's private chat become a substitute for the agreed record.
What to sign and what must not be signed
This is the most important moment of the whole procedure, and it is decided in five minutes at the table.
Define decision-stopping findings in advance
Do not rely on generic labels such as 'major' and 'cosmetic'. Before the visit, identify events that require the representative to stop and obtain a fresh decision: the wrong unit or layout, a material specification departure, unsafe access, active water entry, an essential service that cannot operate, a significant contractual item missing, or refusal to record a reservation. A large pattern of apparently small defects may also change the owner's decision.
Map the available response to the actual SPA: signing without reservations only where no unresolved matter remains; signing with an attached schedule only after its wording and effect have been reviewed; deferral, refusal or legal escalation only where the contract and law support that step. The representative reports and classifies the evidence but should not invent a legal remedy under pressure at the table.
Do not sign a record stating the property is accepted without reservations, where reservations exist. That signature closes off free remediation: formally, you accepted the apartment as it stands.
Do not accept a verbal "we'll fix that next week". A promise that is not on paper does not exist. If the developer will remedy defects, it goes in the record: what exactly, by when, and what happens if the deadline is missed.
Do take away a signed copy of the record with the defect list, dated and signed by the developer's representative. Without the other side's signature it is your private note, not a document.
What to take away from handover
- The handover record with the defect list attached.
- Photographs of every room and of each defect.
- Meter readings and photographs of the meters.
- The set of keys, access cards and remotes, with the quantity recorded.
- Management company contacts and how to log an emergency.
- Warranty documents for any appliances that were included.
- The house rules — better read before you plan anything.
Record the access route and promised common facilities
The inspection should not stop at the apartment door. Cambodia's foreign co-ownership law includes access ways, stairs, courtyards, gardens and common-service areas within the concept of common areas and gives the unit owner rights to use them. Record whether the route from the building entrance and lift to the unit is usable, whether any contracted parking or storage is identifiable, and which promised facilities are operating, closed or visibly incomplete.
Use the SPA, schedules and agreed specification as the primary comparison, not a marketing impression. A representative may document the pool, corridor, parking area or lift lobby, but a visual visit is not certification of fire systems, lifts, structure or whole-building safety. A material discrepancy should be referred to the owner for contractual and legal assessment.
If defects appear later
Report them in writing and quickly, with dated photographs. The more time passes, the harder it is to show a defect existed at handover rather than arising in use.
Close an issue only after reinspection
A contractor's photograph or a message saying 'fixed' should not close the register. Return to the same issue identifier, repeat the original functional check, capture fresh dated evidence and record one result: rectified, partly rectified, not rectified, new damage created, or unable to verify. Where remedial work is concealed and cannot be assessed visually, state that limitation and obtain specialist input where the risk warrants it.
Issue a dated reinspection schedule using the unchanged identifiers and obtain the available acknowledgement from both sides. RICS practice treats reinspection as a distinct exercise, particularly where access was incomplete or a new trail of enquiry appears. The SPA and applicable Cambodian law, not a spreadsheet status, determine notice deadlines and the legal effect of closure.
To be straight about it: we could not confirm a single statutory warranty period covering all Cambodian projects. The periods within which a developer must remedy defects are set by your contract — read the SPA and its annexes, and if in doubt show them to a lawyer before the record is signed, not after.
How we handle it
NovAsia carries out handover through its representative when the buyer cannot travel: inspection to the list above, photographic record, a defect list, meter readings, collection of keys and documents, and delivery of the complete set to you. Availability and terms are confirmed for the specific property — in some projects part of this is handled by the building's management company.
We do not sign a record with unresolved defects on your behalf without your agreement. That is a rule rather than a preference: a signature in that situation costs more than moving the handover date.
Handover approaching and you are not in Cambodia? We will arrange it with a representative: inspection to the list, photographic record, defects entered in the record, and the full document set to you.
Ask about your propertyor on TelegramFrequently asked questions
Can I take handover without travelling to Cambodia?
Yes. Handover is carried out by a representative under a power of attorney — a trusted person, a lawyer, or a NovAsia specialist. What matters is that they do not simply collect the keys but produce a defect list with photographs, take meter readings and pass you the complete set of signed documents.
What must not be signed at handover?
A record stating the property is accepted without reservations, where defects exist. That wording closes off the route to free remediation. If the developer promises to fix things later, the promise belongs in the record itself, in writing and with a deadline, not in conversation.
What if defects appear after signing?
Report them in writing and as quickly as possible, with dated photographs. The later a defect is raised, the harder it is to show it existed at handover rather than arising in use. Remediation periods are set by your contract rather than by a general rule — check the SPA and its annexes.
Sources
Practice supporting handovers in Phnom Penh · NovAsia corpus on ownership and management · checked July 2026. A single statutory defect-warranty period covering all Cambodian projects is not confirmed in this review — periods are set by the contract for the specific project. This content is for general information only and is not legal advice.
Template: snag list for handover — a CSV table that opens in Excel and Google Sheets. It is a working draft, not a legal document: the fields should be adjusted to the specific unit and contract terms.