VINAYA LAW FIRM

Construction: Inter-Ministerial Prakas Concerning the Procedure of Inspection of Construction Sites

Date of publication: 14-08-2019


Category: Legal updates


Audience: All


Inter-Ministerial Prakas

Concerning

The Procedure of Inspection of Construction Sites

             

    On August 2nd, 2019, the Ministry of Land Management, Urban Planning and Construction (“MLMUPC”) and the Ministry of Justice (“MOJ”) issued an inter-ministerial Prakas No. 118 ប្រក/​ដ.ន.ស.កយ concerning the procedure of inspection of construction sites. 


Conditions of Inspection

    Inspector may inspect the construction site only when there is consent from the Construction Site Owner and the construction is being operated. In addition, the inspector can also inspect the building or construction that is open to the public during the working hours of such construction site or from 6 AM to 6 PM. Where  the inspection is required outside the  time, the inspector must get authorization from the Prosecutor to conduct such inspection.

 

Construction Contractor’s Rights

    The Construction Contractor has the rights to request the inspector to produce a letter of authorization and to write the Construction Contractor’s answer or statement in the record. In addition, the Construction Contractor is entitled to receive a copy of the record of the construction inspection. In case the Construction Contractor is not satisfied with the record and/or penalty, he/she shall file a complaint to the court.

 

Construction Contractor’s Obligation

    During the inspection of the construction site, the Construction Contractor shall:

-        Cooperate with the inspector;

-        Allow the inspector to enter all areas within the construction site;

-        Do not obstruct or prohibit or interfere with inspection;

-        Be present during the inspection;

-  Provide general information about the related parties concerning the implementation of the projects;

-   Provide clarification, explanation, relevant information, and documents, or confirmation of legal compliance; and

-     Ensure the security and safety of the inspector during the inspection at the construction sites.

 

Punishment

    In case the Construction Contractor fails to comply with the relevant laws and regulations, the inspector shall recommend one or more of the following measures/ punishment:

-        A written warning letter;

-        Suspension of the construction work;

-        suspension or cancellation of the license;

-        Prohibition of business activities related to the construction;

-       Forfeiture of the construction equipment, products or machinery related to the offender;

-        Imposing monetary to the offenders;

-        Removing or altering the building to its original form; and

-        Imposing other punishment in accordance with the applicable law.