Short answer
Foreigners generally cannot own land in Cambodia. Land may be owned by Cambodian citizens or by Cambodian entities in which Cambodians hold at least 51% of the voting shares. Foreigners can own private units above the ground floor in co-owned buildings, and investors can use land through leases and concessions. Take advice before relying on any structure.
The general rule
DFDL states that there is a general restriction against foreigners owning land in Cambodia. Land may be owned by Cambodian citizens or Cambodian-nationality legal entities. A Cambodian entity is one in which Cambodian citizens or Cambodian entities hold at least 51% of the voting shares.
Landholding companies
Because of the 51% rule, foreign buyers sometimes use a landholding company in which the foreign party holds up to 49% of the voting shares (DFDL). This leaves control of the entity that holds the land with the Cambodian majority shareholders, so the structure carries real legal and commercial risk. Arrangements that depend on informal understandings rather than registered rights are difficult to enforce. Seek independent legal advice before using any such structure.
Strata title units
Under the 2010 law on ownership of private units in co-owned buildings, foreigners may own private units in registered co-owned buildings, excluding the ground and underground floors, up to 70% of the private units according to DFDL, which cites Sub-Decree No. 82 of 29 July 2010. The building must be registered as co-owned with the Land Office. DFDL notes that most private units are not registered as co-owned, so confirm registration before you buy.
Leases and concessions
DFDL describes perpetual leases that run for at least 15 and up to 50 years and are renewable. Under the Land Law, perpetual leases are interests in rem that can be assigned, sub-leased and mortgaged. Registration with the Land Office is not required for validity but is recommended for enforceability against third parties.
KPMG notes that under the 2021 Law on Investment, investors may use land through economic land concessions, perpetual leases or fixed-duration leases in accordance with applicable law.
The tax position on property
Capital gains tax now applies to immovable property in Cambodia. Prakas No. 496 of 18 July 2025 introduced the regime, with the immovable-property provisions effective from 1 January 2026: a 20% capital gains tax applies to resident and non-resident individuals and to non-resident legal entities, and the return and payment fall due within three months after the gain is realised (Deloitte, 2025).
For immovable property, deductible expenses are 80% of the total sale or transfer income where there is no documentation to support the expenses, or the actual expenses with proper supporting documentation. Model the tax before you sign, because it changes the price you should pay.
Questions to settle before committing
- What exactly is being acquired: ownership, a strata unit or a lease, and for how long?
- Is the right registered with the Land Office, and who is named?
- If a Cambodian entity is involved, how are control, exit and dispute resolution protected?
- Does the use you intend, such as factory, farm or resort, require its own licence or zoning approval?
- Has an independent Cambodian lawyer, not one introduced by the seller, reviewed the title and documents?
- What is the capital gains tax cost on the exit you are assuming?
Where Invest Cambodia fits
Our investment advisory service sets out the land-access options for your project so you can brief counsel with the right questions. We do not provide legal advice or broker property.
Questions investors ask
Can a foreign company own land in Cambodia?
Only if it qualifies as a Cambodian entity, meaning Cambodians hold at least 51% of its voting shares. Foreign companies more commonly use leases or concessions to access land.
Can a foreigner buy an apartment?
Foreigners may own private units above the ground floor in registered co-owned buildings, subject to the limits in the 2010 law. Check that the building is registered as co-owned.
Is tax payable when we sell?
Yes. A 20% capital gains tax applies to gains on immovable property from 1 January 2026, and the return and payment are due within three months after the gain is realised.
Sources
- DFDL: Foreign ownership of land in Cambodia
- KPMG Cambodia: Law on Investment (technical update, 2021)
- Deloitte: Cambodia Tax Highlights 2025
General information only, not legal, tax or investment advice. Laws, rules and figures change. Confirm the current position with licensed Cambodian professionals before acting.