Does renovating an existing property require a permit?

• Kongleaphy Keam
• 29 September 2020
• Uncategorized
• 7619 Views

Before starting any construction project, the project owner must first apply for a construction permit from different authorities depending on the type and size of the project. What about renovate or reconstruct an existing building, does the owner require to ask for a permit?

Construction Law in 2019 stated that all renovating or restoring project is required to ask for a permit from the relevant authority. The repair must be legally conducted, with the purpose to ensure the safety, reliability and quality of the construction under the supervision of construction technicians.

The owner of the building must apply for a permit from the Ministry of Land Management, Urban Planning and Construction (MLMUPC), or the Department of Land Management, Urban Planning, Construction, or the Office of Land Management, Urban Planning, Construction and Land, according to the size and type of renovation project.

The application procedure is stated in Prakas No. 074 dated 12 February 2013.

For buildings built before 1998, a request for renovation does not require the construction permit.

For buildings built between 1998 and the date of the Prakas and having no construction permit, the authority can issue the renovation permit only if the construction has no dispute. However, the owners must a contract to guarantee and be responsible for the quality of construction and public safety.

The authority also has the right to notify the owner of any dilapidated buildings to renovate their property to ensure public safety and avoid accidents.

In case the construction owner refuses to repair after receiving two notices, the construction owner shall be responsible for any damage or accidents that occur.

Nonetheless, there are exceptions. Some renovations or restoration do not require a permit. These include irrigation structures, bridges, roads, heritage sites, cultural, historical and defence-related structures.

Besides, other minor repairs do not require a permit, such as scratching or cleaning the interior of the building and small renovating project which does not cause burden to neighbouring buildings.

• Laws and Regulation
• Policy and Strategy