Blogs- Legal Practice

Can Foreigners Buy Property in Cambodia

Lorn & Partner Team
31 November 2025


Can Foreigners Buy Property in Cambodia ? A Legal Guide 

Cambodia has emerged as one of Southeast Asia's fastest-growing real estate markets over the past two decades. Strong economic growth, rapid urbanization, increasing foreign direct investment (FDI), expanding infrastructure, and a favorable investment climate have attracted investors from China, Singapore, South Korea, Japan, Europe, Australia, and North America. As interest in Cambodian real estate continues to grow, one of the most frequently asked legal questions is whether foreigners can legally own property in Cambodia.

 
The short answer is yes—but with important legal limitations. Cambodian law permits foreigners to own certain types of property, particularly co-owned buildings such as condominiums, while prohibiting direct ownership of land. Understanding these legal distinctions is essential before entering into any real estate transaction.
This guide explains the legal framework governing foreign property ownership in Cambodia, the available ownership structures, common legal risks, and practical steps foreign buyers should take before investing. 

Cambodia's Growing Property Market 

Cambodia's real estate sector has experienced remarkable growth over the last twenty years. According to the World Bank, Cambodia maintained strong economic expansion averaging approximately 7% annually before the COVID-19 pandemic, making it one of the fastest-growing economies in Asia. Although growth slowed during the pandemic, the economy has since recovered, supported by tourism, manufacturing, construction, and foreign investment.

 
The National Bank of Cambodia has also reported that the construction and real estate sectors continue to represent significant contributors to Cambodia's economic development. Phnom Penh, Siem Reap, Sihanoukville, and emerging provincial cities continue to attract both domestic and international investors.

 
Foreign investment has played an important role in condominium developments, mixed-use commercial projects, office buildings, retail centers, and hospitality developments, particularly in Phnom Penh. These favorable economic conditions have naturally increased interest among foreign buyers seeking residential investments, retirement homes, rental income, or commercial opportunities. 

The General Rule: Foreigners Cannot Own Land 

The primary legal restriction is straightforward. Under Article 44 of the Constitution of the Kingdom of Cambodia, only Cambodian natural persons or Cambodian legal entities have the right to own land. Foreign individuals are therefore prohibited from directly owning land in Cambodia. This constitutional restriction reflects Cambodia's longstanding policy of preserving national ownership of land while still encouraging foreign investment through other legal mechanisms. The prohibition applies regardless of whether the foreign buyer resides in Cambodia, possesses a long-term visa, or has lived in the country for many years.
Consequently, foreigners cannot legally hold title to:
  • Residential land
  • Agricultural land
  • Commercial land
  • Vacant land
  • Villas constructed on privately owned land
However, this does not mean foreigners are entirely excluded from Cambodia's property market.

Foreign Ownership of Condominiums 

The most significant exception was introduced through the Law on Providing Foreigners with Ownership Rights in Private Units of Co-Owned Buildings (2010). This law allows foreigners to own private units within co-owned buildings, commonly referred to as condominiums. Under Article 2, foreigners may own private units located above the ground floor of a co-owned building. Ground-floor units remain excluded because Cambodian law treats them as having a direct connection to the land. In addition, Article 8 limits total foreign ownership within a co-owned building to 70% of the total private floor area, ensuring that Cambodian nationals retain at least 30% ownership.
  • Accordingly, foreigners may legally purchase:
  • Condominium units above the ground floor;
  • Apartments within qualified co-owned buildings; and
  • Certain strata-title developments that comply with Cambodian law.
Foreign purchasers receive ownership rights over their private unit while jointly sharing ownership of the building's common areas in accordance with the applicable condominium regulations. For many foreign investors, condominium ownership provides the safest and most straightforward legal avenue for investing in Cambodian real estate. 

What Is a Strata Title ?

A strata title refers to individual ownership of a private unit within a larger building while sharing ownership of common property such as hallways, elevators, parking areas, gardens, swimming pools, and other communal facilities. Cambodia's strata title system closely resembles condominium ownership systems found in Singapore, Malaysia, Australia, and many other jurisdictions. The purchaser receives an official ownership certificate registered with the competent cadastral authority, providing legal recognition of ownership rights over the individual unit. Before purchasing any condominium, buyers should confirm that the project has obtained proper strata title registration and complies with all applicable regulatory requirements. 

Can Foreigners Buy Houses? 

This question often causes confusion. Although foreigners may purchase the physical building itself through certain contractual arrangements, they cannot own the underlying land in their own names. Since houses are inseparable from the land under Cambodian property law, direct ownership of standalone houses by foreigners is generally not legally permissible. Many advertisements targeting foreign buyers oversimplify this distinction, making legal due diligence particularly important. 

Alternative Legal Structures 

Although direct land ownership is prohibited, Cambodian law permits several alternative investment structures that may be suitable depending on the investor's objectives. One commonly used structure involves establishing a Cambodian company. Under the Law on Commercial Enterprises, a Cambodian-incorporated company may own land if at least 51% of its shares are owned by Cambodian nationals. This structure is frequently used for commercial developments and large-scale investments but requires careful corporate governance and compliance.

 
Another option is a long-term lease. The Civil Code of Cambodia recognizes long-term leases, which may provide secure possessory rights for extended periods. Properly drafted and registered lease agreements can offer substantial protection for foreign investors seeking long-term use of land without acquiring ownership. 

Some investors also utilize nominee arrangements in which land is registered under the name of a Cambodian citizen. While these arrangements have historically been used in practice, they involve significant legal risks because the registered owner remains the legal owner under Cambodian law. Disputes involving nominee ownership can be difficult to resolve and may result in substantial financial loss. For this reason, reputable legal practitioners generally advise extreme caution when considering nominee structures. In some investment projects, foreigners may also participate through joint ventures with Cambodian partners. These arrangements require carefully drafted shareholder agreements, land use agreements, governance provisions, and dispute resolution mechanisms to safeguard the parties' interests. 

Due Diligence Before Purchasing Property 

Whether purchasing a condominium or investing through another legal structure, comprehensive legal due diligence is essential. A buyer should first verify the seller's ownership rights by examining the property's title documents and confirming registration with the cadastral authority. It is equally important to ensure that the property is free from mortgages, court disputes, encumbrances, or competing ownership claims. For condominium purchases, buyers should confirm that the development has obtained the necessary approvals and that foreign ownership within the building has not exceeded the statutory 70% threshold. In addition, investors should review construction permits, occupancy certificates, environmental approvals where applicable, tax obligations, management agreements, and any restrictions affecting future use or transfer of the property. 

Taxes and Transaction Costs 

Property acquisitions in Cambodia may involve various taxes and administrative fees depending on the nature of the transaction. Transfer taxes, registration fees, annual property taxes, and capital gains considerations may apply under Cambodian tax legislation administered by the General Department of Taxation. Because tax laws and implementing regulations continue to evolve, buyers should obtain professional legal and tax advice before completing any transaction to ensure compliance and avoid unexpected liabilities. 

Common Legal Mistakes Foreign Buyers Make 

Many foreign investors rely solely on developers, brokers, or informal advice when purchasing property. While many real estate professionals operate responsibly, buyers should remember that agents typically represent commercial interests rather than providing independent legal advice. Another common mistake is signing reservation agreements or sale contracts before conducting legal due diligence. Once deposits have been paid, recovering funds may become significantly more difficult if legal issues later emerge. Foreign buyers should also avoid assuming that all condominium projects automatically qualify for foreign ownership. Compliance with Cambodia's condominium legislation must always be verified before purchase. Finally, relying on informal nominee arrangements without comprehensive legal documentation can expose investors to unnecessary legal and financial risks. 

The Importance of Professional Legal Advice 

Cambodian property law combines constitutional restrictions, land law, civil law, commercial regulations, tax requirements, and administrative procedures. As a result, every transaction should be carefully structured according to the investor's specific objectives. An experienced Cambodian property lawyer can assist with title verification, legal due diligence, contract drafting and negotiation, regulatory compliance, company formation where appropriate, lease documentation, tax coordination, and registration procedures. 

Conclusion 

Foreigners can legally invest in Cambodia's real estate market, but they cannot directly own land. The principal exception is condominium ownership under the Law on Providing Foreigners with Ownership Rights in Private Units of Co-Owned Buildings, which permits foreign ownership of eligible units above the ground floor, subject to the statutory 70% ownership cap. For investors seeking access to landed property, alternative legal structures—including properly structured long-term leases, qualifying Cambodian companies, or carefully negotiated joint ventures—may provide practical solutions, although each requires thorough legal analysis and careful implementation.

 
Cambodia continues to offer significant opportunities for foreign investment, particularly as infrastructure development, urbanization, and economic growth drive demand for residential and commercial real estate. Nevertheless, successful investment depends not only on identifying attractive properties but also on ensuring full compliance with Cambodia's legal framework. Obtaining independent legal advice, conducting comprehensive due diligence, and understanding the applicable ownership rules remain the best safeguards for protecting both the investment and the investor. 

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