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Mar 07, 2014

Phnom Penh Cadastral Office to Implement Prakas 30

By Tim Holzer
March 12, 2014 Phnom Penh, Land registration procedures in Cambodia were fundamentally established by the Land Law of 2001, and various related laws.  Procedures established included a method for confirming ownership, resolving boundary conflicts and issuing Certificates relating to ownership, possession and lease.  However, the process of registering land rights and encumbrances was limited.  For example, it was possible to obtain a Certificate of Title, and to register on such Certificate either a lease or a mortgage over the land.  But it was not possible to register both a lease and a mortgage.
In 2011, the new Civil Code became effective.  This new Civil Code recognized a more comprehensive set of land rights and encumbrances and requires that many of these rights and encumbrances be registered before they can stand up against claims of third parties.  But there was no method which permitted such registration.
To deal with these registrations needs, Prakas 30 (note: a Prakas is a regulation)  Concerning Real Rights Registration Procedure Pertaining to the Civil Code was issued in early 2013, and became effective in late July 2013.
It has taken some time for the various cadastral offices that actually implement the registrations to bring their procedures in line with those required by Prakas 30.
The Phnom Penh Department of Land Management, Urbanization and Construction has just confirmed by its Letter 418, dated 25 February 2014, that it “will implement this procedure [the Prakas 30 procedure] on land registration and civil code from 15 March 2014 onwards.”
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