New Sub-Decree concerning Licenses for Construction Inspection Businesses
On 30 December 2020, the Cambodian government issued Sub-Decree No. 225 on the Conditions and Procedures for the Inspection and Certification of Constructions (the “Sub-Decree No. 225”) which determines the conditions and procedures for inspection of construction activities, and the class of licenses for both companies and technical professionals who may engage in construction inspection and certification activities.
There are four types of construction inspection and certification activities that companies/professionals in this sector may need a license for under Sub-Decree No. 225. These include:
- General Construction Inspection and Certification;
- Architectural Inspection and Certification;
- Structural Inspection and Certification; and
- Mechanical, Electric, and Plumbing Inspection and Certification.
Applicants are also categorised into three grades with Grade 1 and 2 applicants being able to apply for licenses for all four activities mentioned above; and Grade 3 applicants being able to apply for inspection/certification activities 2 – 4 above. Applications are subject to further eligibility requirements based on the respective grade of the applicant.
Each type of inspection and certification license is valid for three years commencing from the issuance date.
In addition, Sub-Decree No. 225 determines the construction activities which will need to undergo inspection and certification by a licensed inspector. Such activities include:
- construction and demolition activities which require a permit;
- new constructions, construction undergoing modifications and/or repair prior to the permitted use of the building;
- construction and/or construction equipment which require quality and safety inspections;
- construction which may pose risks to public health, safety and order; and
- those as required by the relevant authority from time to time.
All new applications, renewals and terminations of inspection and certification licenses are now required to be made in the written form prescribed by the MLMUPC and submitted to the one window service office of the MLMUPC. Upon submission, the Minister of the MLMUPC will then take 20 working days to make a decision on the application.
The procedures for obtaining, renewing and cancelling the license have been set out in Prakas No. 033 on the Procedure and Context for the Grant Cancellation and Renewal of the Licenses for Construction Inspection and Certification, dated 21 January 2021 (the “Prakas No. 033”).
If you have any questions or require additional information, please contact Matthew Rendall, Lim Veasna, Tor Revit and Neou Sonika at SokSiphana&associates (a member of ZICO law)
This alert is for general information only and is not a substitute for legal advice.