Logo of Phnom Penh Post newspaper Phnom Penh Post - Sub-decree on construction permit issued



Sub-decree on construction permit issued

Content image - Phnom Penh Post
Cambodian labourers work on a high-rise building construction site in Phnom Penh. Hong Menea

Sub-decree on construction permit issued

The government has issued a sub-decree on construction permits, which define the jurisdiction for authorities to issue construction, repair, relocation and project commencement permits and licence renewals.

The permit applications will be processed through the so-called one-window service to increase the integrity of the approval process.

Consisting of 54 articles and 12 chapters, the sub-decree was signed by Prime Minister Hun Sen on December 30.

It annuls the old sub-decree issued in 1997 and all legal documents which contradict this new sub-decree. The move came after the construction law came into force in November 2019.

The new sub-decree is issued to ensure the quality and safety of construction, protection of property and health of construction owners, building tenants and the public.

It is also issued to ensure construction and relocation works follow the proper procedures and technical specifications.

Minister of Land Management, Urban Planning and Construction Chea Sophara has the authority to issue a letter of approval for construction and relocation for any construction covering more than 3,000sqm with more than 11 floors or a basement or underground space deeper than 5m, the sub-decree said.

The minister is also authorised to issue permits for high-risk storage facility construction and the construction of sport, tourism, and cultural buildings or structures. He also has the power to issue construction permits for a structure of 10m in height or above.

Municipal and provincial land management department directors, with approval from the municipal and provincial governor, are authorised to issue a licence for construction and relocation on a land area of less than 3,000sqm and buildings of less than 11 floors.

District and town governors have the jurisdiction to issue a licence for any construction covering no more than 500sqm of land area with no basement and building fences not more than 3m in height.

The sub-decree also defines the rights of those affected by the construction to file a complaint against the construction to the authority or through court procedures.

The sub-decree does not specify penalties, but it states that the offence of forging construction permits will be punishable as per the Criminal Code.

Ministry spokesman Seng Lot could not be reached for comment.

Phnom Penh municipal land management department director Sarin Vanna said on January 3 that the government also issued another sub-decree detailing the procedures on the approval, suspension and revocation of the licence to use a building.

The government also issues a separate sub-decree on terms and procedures to conduct an inspection of construction sites.

“These sub-decrees are the tools for enforcing the construction law at the national level. The government instruction is that everything is to go through one window service, which makes things easy,” Vanna said.

He urged the public to understand these sub-decrees and apply for the permits through the one window service. The officials in charge will facilitate the process, he said.

Building and Wood Workers Trade Union Federation of Cambodia (BWTUC) president Sok Kin said the sub-decrees were vital and could improve communication in the construction sector. He said in the past, some construction sites did not follow the law.

“These sub-decrees are important because in the past, Cambodia did not have a construction law and [some] buildings have collapsed. Then we had the [construction] law and now we have these sub-decrees.

“This is good for all because employers must be accountable and workers will benefit from that,” he said.

MOST VIEWED

  • Cambodia on the verge of national tragedy, WHO warns

    The World Health Organisation (WHO) in Cambodia warned that the country had reached another critical point amid a sudden, huge surge in community transmission cases and deaths. “We stand on the brink of a national tragedy because of Covid-19. Despite our best efforts, we are

  • Phnom Penh curfew starts today

    A two-week curfew from 8pm to 5am starts today in Phnom Penh, a day after a sub-decree detailing administrative measures to contain Covid-19 was issued by Prime Minister Hun Sen. “Travelling in Phnom Penh is temporally banned between 8pm and 5am,” said Phnom Penh governor

  • Phnom Penh placed in two-week lockdown

    The government has decided to place Phnom Penh in lockdown for two weeks, effective April 14 midnight through April 28, as Cambodia continues to grapple with the ongoing community outbreak of Covid-19, which has seen no sign of subsiding. According to a directive signed by Prime Minister

  • Vaccination open to foreigners in Cambodia

    The Ministry of Health on April 8 issued an announcement on Covid-19 vaccination for foreigners residing and working in Cambodia, directing the Ministry of Labour and Vocational Training and local authorities to register them. Health minister Mam Bun Heng, who is also head of the inter-ministerial

  • Cambodia gears up for muted New Year festival

    The recent curfew and restrictions imposed in the capital and other Covid-19 hotspots were intended to break the chain of transmission, Ministry of Health spokeswoman Or Vandine said as municipal and provincial authorities issued new directives banning certain activities during the upcoming Khmer New Year

  • Culture ministry: Take Tuol Sleng photos down, or else

    The Ministry of Culture and Fine Arts has told Irish photographer Matt Loughrey to take down the photos of Khmer Rouge victims at Tuol Sleng Genocidal Museum which he allegedly colourised and altered to show them smiling. The ministry said Loughrey's work is unacceptable, affecting