Date of publication: 24-12-2019
Category: Legal updates
on Formalities and Procedures of the Issuance of Certificate of Occupancy for Construction
built before the entry into force of the Law on Construction
On December 6th, 2019, the Ministry
of Land Management, Urban Planning and Construction (“MLMUPC”) issued a Prakas
No. 177 ដ.ន.ស/ប្រក. concerning the Formalities and
Procedures of Issuance of Occupancy Certificate for Construction built before
the Entry into Force of Law on Construction (the “Law”).
1. Purposes and Scope of the Prakas
The purposes of this Prakas are to ensure the quality, security, and aesthetic of the construction and the safety to the people, to prevent any potential risks from unqualified construction. This Prakas has the goals to determine the authority, formalities and procedures, and standard technical regulations regarding the issuance, suspension, and revocation of Certificate of Occupancy (the “Certificate”). This Prakas is applicable to constructions that require construction permits, and any constructions built before the entry into force of the Law, namely, constructions that do not have permit, that was constructed not conforming to the permit, and though have permit, but do not have Certificate of Conformity or Construction Closeout Letter.
2. General Provisions
Construction owners, for constructions that require permits, shall apply for the Certificate from competent authorities 2 (two) years after the Law has entered into force. Competent authorities can issue the Certificate even to construction, prior to the entry into force of the Law, that do not have construction permit or was constructed not conforming to the permit. Construction owners, whose constructions had been constructed before 20 December 1997, can immediately apply for the Certificate. Owners, whose constructions had been constructed after April 3rd, 2015, can receive the Certificate if the owners have paid the fines in accordance with the rules determined in Sub-decree No. 42 & No. 76 issued by MLMUPC.
The Certificate is still deemed valid despite the change of ownership. The construction shall not be occupied if such a certificate had been suspended or revoked. Any changes to the use and/or framework of the construction shall obtain prior approval from the competent authority. Any use or allow to use, for commercial purpose, of construction without the Certificate which causes injury or affecting the health of others shall be punished as stated in this Law.
The Minister of MLMUPC, Governor of Capital/Provincial Board of Governors, and Governors of Municipal/District Board of Governors, are the competent authorities that can issue, suspend and revoke the certificate of occupancy to constructions that are under their authority.
4. Required documents for an Occupancy Certificate
All the required documents, including the blueprint extract of construction conformity (“blueprint extract”), for applying for certificate of occupancy are listed in article 10 of the Prakas. The certificate of occupancy can be applied at the One Window Service Office of the MLMUPC, of the capital/provincial administration, or of the municipal/district administration.
Individual who can responsible and sign on the blueprint extract are the technical director of the company, or a professional that (1) have a certified license to operate business regarding blueprint inspection or construction, (2) blueprint inspection or construction license, or (3) building inspection and certification license. The company or the professional shall input the certificate or license number and affix the seal on the blueprint extract.
The examination period of the application for the Certificate are varied depend on the competent authorities of which such constructions are under (at the maximum of): 1) 30 (thirty) working days for MLMUPC, 2) 15 (fifteen) working days for governor of the board of capital/provincial governors and for governor of the board of municipal/district governors.
5. Formalities and Procedures for Suspension and Revocation of Certificate of Occupancy
The competent authority that issues the Certificate can suspend or revoke such Certificate if the construction is no longer meet the quality and safety standard. Such certificate can be suspended if the quality and safety inspection report indicates that the construction is no longer safe for occupancy. In this case, the competent authority shall order the owner, in a written direction, to modify the construction in accordance with the technical regulations in force. Such suspension shall be removed once the modification is complete.
Competent authority can revoke the Certificate of Occupancy if: (1) the functions of the constructions have been changed; (2) structural frameworks of the constructions have been changed without permission; or (3) the competent authority determines that the construction is not safe.
6. Quality and Safety Inspection Report
The competent authority shall issue, suspend or revoke the Certificate of Occupancy based on the Quality and Safety Inspection Report of the construction. The Quality and Safety Inspection Report shall be made by construction inspection official, any company that has obtained a certified license to operate business regarding blueprint inspection or any company that has a construction inspection and certification license. Such report shall be affixed with the signature of the construction inspection official, or the technical director of the above-mentioned company. The company shall also affix their company seal and the certificate/license number on the report.
Construction inspection officials that have the authority to examine the quality and safety of the construction are: (1) expert official of the General Department of Construction, (2) expert official of the board of capital/provincial governors, or (3) expert official of the board of municipal/district governors.
7. Technical Regulations
The certificate of occupancy can be issued for constructions that conform to technical regulations of constructions as follows: (1) the construction framework can safely carrying the load according to their use, (2) construction materials, equipments, and products can guarantee the quality and safety to occupants conforming to the techincal regulations of constructions or Cambodian standard approved by the National Standard Committee, and (3) have fire safety mechanism as determined in technical regulation of constructions and regulations related to the fire prevention and extinguishing.
8. Dispute Resolution
Individual, who has interest in the decision of the competent authority concerning the issuance, suspension or revocation of certificate of occupancy, has the right to appeal to the competent authority or to the court in accordance with laws.