ARTIKEL

Owning an apartment is no longer viewed solely as a necessity but has become a lifestyle choice for the millennial generation. While many seek proximity to workplaces or lack of alternative options, apartment ownership has now become a part of modern living.

Despite the abundance of apartments offering luxurious facilities in elite areas, this doesn't always guarantee the quality of habitation. Often, overly aggressive promotions are not matched with good intentions from developers to address the necessary administrative issues.

The first thing consumers need to know is that the marketing of apartment complexes, condominiums, or other vertical housing types doesn't always have to precede physical construction. This is regulated by Law No. 20 of 2011 concerning Apartment Ownership, Article 42 Paragraph 1, which states that "Developers can carry out marketing before the construction of the apartment complex is implemented."

Although this rule provides developers with flexibility to market apartments without physical construction, it also poses risks for consumers who purchase without seeing the physical form. Therefore, Paragraph 2 of the law outlines the conditions that developers must fulfill to market their apartments before physical construction begins.

Some of these conditions include:

1. Clarity of spatial allocation.
2. Assurance of land rights.
3. Confirmation of apartment ownership status.
4. Permits for apartment complex construction.
5. Guarantee for apartment complex construction from a guarantee institution.

Before the start of physical construction, marketing agents usually provide explanations about building specifications, surrounding facilities, apartment locations, unit prices, and the schedule for unit handovers.

However, property transactions can only materialize if developers meet the requirements mentioned in Article 43 Paragraph 2, including:

1. Land ownership status.
2. Building Permit (IMB) ownership.
3. Availability of public infrastructure, facilities, and utilities.
4. A minimum of 20 percent construction progress.
5. Compliance with agreed-upon terms.

It is crucial for consumers to verify land ownership and IMB, considering the risk of construction being halted by authorities due to land ownership issues or the absence of IMB. Financial losses can be experienced by consumers who have already paid a significant amount.

To apply for a Building Permit (IMB) for non-residential public buildings or apartments with a building height of up to 8 floors, applicants are required to complete several administrative requirements. The following is a list of documents that must be included in the IMB processing:

1. Photocopy of the Company Establishment Deed
2. Photocopy of the applicant's ID card
3. Photocopy of the applicant's tax ID card (NPWP)
4. Photocopy of the land certificate, legalized by a notary
5. Photocopy of the latest Income Tax Return (SPT) and Property Tax (PBB)
6. Building Layout Plan (RTLB) or Building Plan (RTB) from the Spatial Planning Agency
7. City Plan Decree (KRK) from the Spatial Planning Agency
8. Photocopy of the Business Place Development Permit (SIPPT) from the Governor of DKI Jakarta Province, if the land area is 5,000 m2 or more
9. Architectural Plan with the signature of the SIPPT holder
10. Approval of Technical Requirements for Administration and Feasibility of Buildings (TPAK)
11. Land Investigation Results Prepared by a Consultant
12. Calculation and Drawing of Structural Plans Signed by the Structural Planner
13. Approval of the Technical Requirements for Building Feasibility (TPKB) session, especially if the building height is 8 floors or more
14. Drawing of Installation and Building Equipment Plans signed by the Installation and Building Equipment Planner, holder of SIPPT
15. Approval of the Technical Requirements for Installation and Building Equipment (TPIB) session, if the building area is 800 m2 or more
16. Environmental Management Effort Recommendation (UKL) and Environmental Monitoring Effort (UPL) from the Regional Environmental Management Agency (BPLHD), especially if the building area is between 2,000 and 15,000 m2.
17. Environmental Impact Analysis (AMDAL) Recommendation, especially if the building area exceeds 15,000 m2,
18. Appointment Letter for the Contractor and Director of Building Implementation from the Owner or Applicant
19. Power of attorney for processing from the owner or applicant to the representative if the processing is carried out by a party other than the owner or applicant.

Implementation of Apartment Construction with a Building Permit (IMB):

1. The apartment construction process can commence after the issuance of an IMB.
2. The IMB Yellow Board must be installed at the construction site.
3. Construction must adhere to the details outlined in the issued IMB document.
4. If there are plans for changes or additions, a Building Permit Notification (PIMB) must be submitted first.
5. During IMB implementation, a copy of the IMB document must always be available at the site as a guide in the construction process and for inspection by relevant parties.

That concludes the article on apartment permits. We hope this article is beneficial to you.