Cambodian Constitution Article 44 Explained: Land Ownership Restrictions for Foreign Investors (2025)
Land ownership in Cambodia is a legally sensitive issue—especially for foreign investors seeking to establish roots or scale property portfolios. At the heart of this restriction lies Article 44 of the Cambodian Constitution, a pivotal clause that defines who can and cannot own land in the Kingdom.
Understanding Article 44 isn’t just about compliance—it’s about designing investment strategies that respect national laws while unlocking sustainable opportunities. This 2025 guide deciphers the article’s intent, explains its impact on foreign land ownership, and presents the legal structures that allow investment without violating the constitution. From strata titles and long-term leases to nominee agreements, we break down the pathways foreign investors are using to navigate Cambodia’s real estate legal landscape—with clarity and confidence.
Introduction
Article 44 of the Cambodian Constitution is one of the most critical legal provisions affecting land ownership rights in the Kingdom. For foreign investors, developers, and legal advisors, understanding this article is essential to navigating Cambodia’s real estate market without violating constitutional boundaries.
This guide explains the full meaning of Article 44, its legal implications, and how foreigners can still invest in Cambodian property through compliant structures like strata titles, long-term leases, and nominee arrangements.
What Does Article 44 Say?
“Only natural persons or legal entities of Khmer nationality shall have the right to land ownership.” — Cambodian Constitution, Article 44
Key Takeaways:
- Foreign nationals cannot own land directly in Cambodia
- Land ownership is reserved for Khmer citizens and Khmer-registered entities
- The restriction applies to hard titles, soft titles, and LMAP titles
- Does not apply to strata-titled condos, which are governed by separate laws
Legal Rationale Behind Article 44
Article 44 was designed to:
- Protect Cambodia’s territorial sovereignty
- Prevent foreign land speculation
- Preserve land for Khmer citizens and future generations
- Align with regional norms on land ownership restrictions
What Foreign Investors Need to Know
While Article 44 prohibits direct land ownership, it does not prevent foreigners from:
- Owning strata-titled condos (above ground floor, up to 70% of building)
- Leasing land for up to 50 years, renewable
- Using nominee structures with legal safeguards
- Forming Land Holding Companies (LHCs) with Khmer majority partners
- Establishing trusts under Cambodia’s 2019 Trust Law
Legal Workarounds for Foreign Ownership
| Method | Ownership Type | Legality Under Article 44 | Risk Level | Duration |
|---|---|---|---|---|
| Strata Title | Condo unit ownership | ✅ Legal | ✅ Low | Indefinite |
| Long-Term Lease | Land use rights | ✅ Legal | ✅ Low | 15–50 years |
| Nominee Structure | Title held by Khmer | ⚠️ Indirect | ⚠️ Medium | Indefinite |
| Land Holding Company | Khmer-majority entity | ✅ Legal | ⚠️ Medium | Indefinite |
| Trust Holding | Trustee-managed asset | ✅ Legal (regulated) | ✅ Low | Indefinite |
Common Misconceptions
- “Foreigners can buy land if married to a Khmer citizen.” → Not true unless structured legally via nominee or lease.
- “Soft titles are easier for foreigners to own.” → False. Soft titles are less secure and still subject to Article 44.
- “Nominee agreements guarantee ownership.” → Risky without proper legal contracts and trusted partners.
FAQ Section
Can foreigners own land in Cambodia?
No. Article 44 prohibits direct land ownership by foreigners.
What’s the safest way for foreigners to invest in property?
Buying strata-titled condos or leasing land under a long-term registered lease.
Is Article 44 ever amended?
As of 2025, Article 44 remains unchanged and firmly enforced.
🔗 Related Reading
- Lease vs Nominee Ownership Structures
- Strata Title vs Hard Title in Cambodia
- Cambodia Strata Title Transfer Process
Conclusion
Article 44 of the Cambodian Constitution is a cornerstone of the country’s land policy. While it restricts foreign ownership, it also encourages creative, legally sound investment strategies. By understanding the law and using compliant structures, foreign investors can still participate in Cambodia’s growing real estate market—without compromising legal integrity.
