STANDARDIZED PROPERTY
Property value: 75,485,488
City: Phnom Penh

Registration Requirements:

 
Procedure 1*. The buyer verifies the Title Certificate with the Land Office, checking for potential liens or encumbrances
Time to complete: 7-30 days
Cost to complete: US$ 10 - 20
Comment: The buyer should obtain a copy of the initial Title Certificate from the seller and verify proper ownership, ensuring that the seller is the named owner on the title certificate. He verifies the title certificate with the land office to ensure that there are no liens, mortgages or other encumbrances registered for that property.
Note on cost: Official cost is 20,000 riels but it is essentially impossible to obtain the Certificate without US$10 to US$20.
 
Procedure 2*. Obtain information on the property from the Commune Council Official
Time to complete: 10 days
Cost to complete: No cost
Comment: The land purchaser may contact the village chief or the commune council official to obtain information on the land in addition to an official search at the municipal land office.
Procedure 3*. The buyer should obtain the certificate of incorporation of the seller's company and other documents from the seller
Time to complete: 10 days
Cost to complete: No cost
Comment: If the landowner is a legal entity, the buyer should get a copy of the ID of the shareholder or person acting on the company's behalf or certificate of incorporation of the company, issued by the Ministry of Commerce, to verify the name appearing in the title certificate.
Power of Attorney is also needed, as well as a resolution signed by the Board of Directors authorizing a named individual to represent the company at the land office accompanied by the Power of Attorney implementing that Resolution.
 
Procedure 4. Apply for registration at the District Land Office of the Ministry of Land Management, Urban Planning & Construction (MLMUPC)
Time to complete: 1 day
Cost to complete: KHR 350,000 or US$ 90 (Cadastral transfer fee) and KHR 5,000 or US$ 1.30 (stamp duty)
Comment: When 2 persons wish to buy/sell real property, together they should go to the district office of the Ministry of Land Management, Urban Planning & Construction (MLMUPC) and arrange to prepare and sign documents.
A cadastral transfer fee of about KHR 350,000 is paid to MLMUPC.

The documentation shall include:
In case the Buyer is a company, then it will be necessary to bring to the land office a copy of the company's statute, its Certificate of Incorporation, and Power of Attorney (obtained in Procedure 3).
At the time, the original Title Certificate held by the seller must be presented to the Khan at the time of signing the deed in order to have the name of the new owner inserted on the document. 
Procedure 5. Pay transfer tax at the Tax Collection Office
Time to complete: 1 day 
Cost to complete: 4% of property value (transfer fee)
Comment: A transfer tax of 4% of value of the property is paid to the Ministry of Economy and Finance at the Tax Collection Office of the location of the transferred property. A Tax Receipt is issued to prove that the tax has been paid.
The 4% transfer tax is set out in Article 40 of the Law on Finance for the year 1995. In Phnom Penh, this tax is not assessed based on the true transacted value of the property but based on a schedule of price of property determined by the Phnom Penh Municipality.
The assessed value is usually based on the total number of square meters, the land's location, use etc. The actual price for which the land is sold is not relevant; the tax is based on the assessed value. For the land area of less than 1200 meter squares, it is necessary to pay tax on non-used land. If it is more than 1200 meter squares, tax on non-used land is not required.
 
Procedure 6. Return to Cadastral office to complete the registration process
Time to complete: 5 days
Cost to complete: Cadastral service paid in procedure 4
Comment: After taxes are paid the parties return to the cadastral office at the MLMUPC and sign/thumbprint a MLMUPC form for buying/selling real property that was filled in by MLMUPC official. The signing/thumb printing will be witnessed by a local authority such as commune chief who will also thumbprint. These procedures are based on Land Law Arts. 65, 244 and 245.
Land Law Art. 69 bars transfer unless all necessary taxes are paid.
The documentation shall include:
Payment receipts of transfer tax (obtained in Procedure 5)
 
Procedure 7. Obtain the Certificate of Title from the Municipal Land Office
Time to complete: At least 30 days
Cost to complete: Already paid in Procedure 5
Comment: The Khan/District land office forwards all the "transfer documents" to the Municipal Land Office where it issues the Certificate of Title in the new owner's name and has it registered.
The last procedural step in practice can take several weeks, depending on the vigilance of the land officials and interested parties.
 
 
Note: Procedures sometimes take place simultaneously. Instances of this are marked with an asterisk (*).