On April 5, 2010, the Cambodian Parliament discussed and passed the Foreigners Real Estate Property Law jointly drafted by the Ministry of Land, Urban Planning and Construction and the Ministry of Justice. According to the law, foreigners have the right to purchase housing in Cambodia and have legal property rights as required. Therefore, in Cambodia, foreigners can buy housing with the same title certificate as Cambodia nationals, and enjoy permanent residency right and free trade.
There are two types of property titles in Cambodia, permanent property certificate and time-limited property certificate. The permanent property certificate are hard title, and the limited-term property rights are soft title.
The hard title refers to the form of property rights held by the central government based on the land law. Most of the newly built properties are hard title, including land use certificates and housing use certificates. They are protected by law and can be mortgaged. Hard title are permanent property rights.
A soft title is a property issued by a local government but not recognized by the laws of the Central Government of Cambodia. It is usually an ordinary A4 paper. The term of the soft title is based on the actual registration date.
In Cambodia, land property rights and housing property rights can not be chosen both. If the locals purchase a Borey (land included), they only owns the property rights of the land and excluded property rights of the building; foreigners only can purchase property rights on the second floor or above, only register property rights of the building, and they have no land property rights. However, the property certificate is the complete property right, and the rights of the foreigners are also completely consistent with the Cambodia's nationals. In the future, if any reconstruction on the land, it is available according to the proportion of the land area on the property certificate, and owns the property rights of the building permanently.
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