Understanding Rules & Regulations When Occupying Land Adjacent to Riverbanks or Coastline

• Sommana Yan
• 27 August 2021
• Local News
• 7644 Views

Land plots located next to shorelines, in general, have great development potential with high prices. However, in Cambodia, owning shoreline-adjacent land plots can be very complicated especially regarding the frequently occurring issue of state land overlapping.

According to Sub-decree No.98 RNKR.BK dated 24 July 2015, the possession of land adjacent to the shoreline is not illegal, but it must not be within the specified distance determined by the above sub-decree.

The distances are specified as follows:

• Beach and harbour: At least 100 metres from the edge of beach and harbour (when it is at maximum tide)
• River: At least 50 metres from the edge of the river shoreline
• Tributary: 30 metres from the edge of the tributary shoreline
• Creek: 20 metres from the edge of creek shoreline
• Water Stream: 10 metres from the edge of stream shoreline
• Main canal: 10 metres from the outside of canal gradient
• Sub canal: 5 metres from the outside of canal gradient
• Irrigation canal: 3 meters from the outside of canal gradient
• water-storage reservoir: 100 metres from the maximum calibration of the water level maintained in the reservoir
• Lake: 50 metres from the maximum calibration of the water level maintained in the reservoir
• Reservoir dam: 20 metres from the underneath of the reservoir dam gradient which is less than 4 metres high. 100 metres from the underneath of reservoir dam gradient with a height of 4 metres to 8 metres. In the case of dams with a height of more than 8 metres, it shall be determined by a separate sub-decree.

However, if the possession of the land took place before 24 July 2015 before the sub-decree came into force, that possession is legal by default even though it is not located at the abovementioned distances.

Nevertheless, there are also other rules and regulations which apply for the possession of shoreline-adjacent land if it is located in the capital or provincial city where land-use master plans are enforced.

• Laws and Regulation