Building a house in partnership with Locals on Apsara Land - expert opinions sought

[Greenman]

My question for the CEO Borg Mind ... :

Am I being naive to build a house on Apsara land with a written contract with the soft title owner for lifetime occupancy, knowing that a non-citizen has few rights of ownership, and that Apsara land can be taken, appropriated, whatever, by the government when ever they want? Also, I have heard from locals that the government MAY start to tax Apsara land for the first time. But it is not known when or how much. Any insiders?

I am not building for an investment and not looking to "flip" it. In fact, I may just gift it to the Khmer family. But, still... I want expert opinions since I am relatively new as an expat here.

I trust the sincerity of the family I am working with who own the soft-title, but still...

[Bongmab69]

What is apsara LAND ??

[hanno]

I would never build on Apsara Land. The mother of my daughter lives in the village that has had an ongoing dispute with Apsara. They destroyed the house twice and it isn't over yet.

[Bluenose]

What is apsara LAND ??

As I understand it, it's the land in and around the Angkor Wat Archaeological Park. It comes with many restrictions on what can and can't be done with it, and 5 minutes Googling would have anyone familiar with Cambodia telling the OP to steer well clear.

[Ot Mean Loi]

The Apsara National Authority aka ANA, is responsible for the management of, and has near total authority over land placed under its control in the Angkor World Heritage Area and elsewhere in Cambodia.

In Cambodia, the Apsara Authority manages the Angkor Archaeological Park and surrounding areas. This includes the 400-square kilometer Apsara zone, where they oversee land use, construction, and conservation efforts. While the Authority doesn't prohibit residents from living in the area, they do require clear land use conditions, including restrictions on certain construction projects and the promotion of traditional Khmer architectural styles.

Persons living within the ANA controlled areas in many cases have individual land ownership title documents. Nonetheless, such persons need the prior written permission to construct, repair or modify any structure within the APSARA controlled area. Structures errected without the prior written authority of the APASARA are liable to demolition and without compensation.

The Apsara Authority has imposed land use restrictions within the Apsara zone, including limitations on construction and the promotion of traditional Khmer architecture.

Some residents have been relocated from the Apsara zone to new development areas due to these restrictions.

I am currently "assisting" a 51 year old Khmer widow who needs to replace much of her legally constructed dwelling's, akin to a garden shed in Australia, roof to return it to a waterproof space in which to live.

First, she had to take her documents to her Commune Chief, after satisfying her Commune Chief that she was indeed the legal owner of the land and that her windowless "hovel" was lawfully constructed, she was then authorised to meet with the female APSARA official responsible for such matters in her area.

The meeting took place. Papers and documents were reviewed and the request to replace much of the roof accepted for consideration. She was told that in three (3) weeks time APSARA Inspectors would come to inspect her need to urgently re-roof her "shed" and they would then make a report, and aproximately two (2) weeks later she would be informed as to the outcome of her application. And, as we all know, it is now the Wet Season! No sense of urgency or consideration for the applicant at all.

And there is no guarantee that her simple request will be approved.

OML

[PSD-Kiwi]

Apsara + Soft Title = Land will never be issued a Hard Title

Steer well clear

[khmerhamster]

Apsara + Soft Title = Land will never be issued a Hard Title

Steer well clear

I’d agree with this.
Most locals don’t want to touch Apsara land when it’s up for sale.

[IraHayes]

My opinion is the same as the general consensus above.. but with one caveat.

If the money is an amount you would consider "fully disposable" ie if it were to be lost in 6 months time would not bat an eyelid at the loss then why not build it.

[Ot Mean Loi]

Hello Greenman.

Generalisations can be tricky, but it is generaly accepted that unless there is a legally existing dwelling on the land within the ANA/APSARA controlled land area, then permission will not be granted for a new build or rebuild on that land.

OML

[orichá]

Do not under any circumstances "buy" anything on Apsara land.

My former landlord in Siem Reap told me tales of woe. An old buddy of his had a home for twelve years on Apsara land and one day the authorities came by and told him he had to leave.

Two years after he was evicted, the property was sold to a wealthy Vietnamese person who built a new house.

So, Apsara land is often just an opportunity for the petty local authorities to profit whenever they are able.

Sometimes, the U.N. or Human Rights Watch have made contradictory complaints involving Apsara land, further complicating matters. For example, the U.N. wanted the government to move out all the squatters living nearest Angkor Wat, on the southwest corner, of whom there were many. Human Rights Watch whined when the government complied with the U.N. demand. But, if the squatters (with soft or no title) had not been removed from the areas closest to the temples, the U.N. said they would have revoked Angkor Wat's Heritage status.

So go live in Phnom Kulen where it's cooler anyway...and where they haven't cut down all the trees yet.