As government plan in increasing investment condition and to reform bureaucracy, ministry of public work and public housing finds it necessary to adjust the regulation on technical guideline for building construction permit trough Minister of Public Work and Public Housing Regulation Number 5 of 2016 on Building Construction Permit (“Permen PUPR No. 5/2016”) enacted on 22 February 2016.
Permen PUPR No. 5/2016 is a guideline for the implementation of building construction permit (“IMB”) for government. Besides the legal certainty in the implementation of IMB, this regulation aims is to manifest the building construction that fulfills the administrative and technical requirement of building according to its function and spatial which is orderly implemented.
Scope of Regulation
The scope of Permen PUPR No. 5/2016 consists of 5 (five) out of 6 (six) points that will be elaborated below:
a. Building function and classification
According to its function, building is divided into 5 (five) functions such as (i) residential function, (ii) religious function, (iii) business function, (iv) social cultural function, and (v) special function. Building can have more than one function and should be built according to the national spatial and regional plan (“RTRW”), province’s RTRW, regency/city RTRW, detailed spatial plan (“RDTR”)/zoning determination of regency/city, and/or building and environmental layout plan (“RTBL”). In the event an area does not have RTRW, RDTR, and/or RTBL, regional government can issue temporary IMB.
Building classification is determined according to its (i) complexity level, (ii) permanency level, (iii) risk of fire level, (iv) earthquake zoning, (v) location, (vi) height, and (vii) ownership.
From complexity perspective, building is divided into ordinary building, unordinary building and special building. Ordinary building is including ordinary one-story and two-story building, as for unordinary building will be differentiated according to its interest for public or not. Special building is considered as building that has special usage and requirement which in its planning requires special fulfillment and technology.
b. Requirement of IMB application issuance
The requirements of IMB application consists of administrative and technical requirement.
Administrative requirement consists of:
1. applicant data
a. applicant data form; and
b. applicant identity documents
2. land data
a. evidence letter on land right status issued by regional government and/or other officials;
b. land condition or situation data which is land technical data; and
c. statement letter that the land is not in dispute; and
3. required documents and letter
as for required documents and letter generally consist of supporting documents and required forms. The supporting documents consist of copy of the regency/city plan description (“KRK”) and technical planning data. Related forms can be in the form of statement letter in following KRK requirement, and statement letter in using design prototype. Non-ordinary building and special building should attach statement letter in using certified construction planner and executor also statement using construction supervisor/management that is responsible to applicant.
The technical requirement in IMB application requires building general details and building technical plan document.
c. IMB implementation procedure
the controls of building implementation are regulated trough IMB issuance for (i) new building construction and/or its facility, (ii) building and/or its facility renovation including renewal, rejuvenation or improvement, (iii) building and/or its facility rehabilitation by recovering cultural heritage building condition and (iv) preservation or restoration. IMB issuance is implemented with activity of establishment and changes of building function and classification.
The authorized party to issue IMB is regional/city government or province’s government for DKI Jakarta. Specifically for ordinary one-story building, the authorization of IMB issuance can be delegated to sub-district.
The stages of IMB implementation are:
- pre-application process including KRK application to regional government and application requirement information delivery by regional government to applicant;
- the application process where applicant prepares the application by attaching the required administrative and technical documents;
- the issuing process of IMB consists of technical plan documents assessment, written approval and IMB document issuance; and
- administrative service in the form of (i) duplication of IMB document that has been lost or damaged, (ii) splitting of IMB documents and/or change of information and (iii) IMB application for building that has been erected but does not have IMB.
d. IMB retribution
Action that can be implied with IMB retribution are new construction, rehabilitation or renovation, and preservation or restoration. The object that can be implied with retribution includes building and its facility.
IMB retribution will be counted before IMB is issued and the payment should be done after applicant receives the regional retribution ordinance letter.
e. IMB document
IMB document will be issued through the decision of Regent/Mayor or Governor for DKI Jakarta province. The time period of application and issuance process, counted since the submission of IMB application, regulated under its classification such as:
- maximum 3 (three) working days for IMB of ordinary building of one-story;
- maximum 4 (four) working days for IMB of ordinary building of two-story;
- maximum 7 (seven) working days for IMB of non-ordinary building not for public interest
- maximum 12 (twelve) working days for IMB of non-ordinary building for public interest and special building with height from one-story to 8 (eight) story;
- maximum 30 (thirty) working days for IMB of non-ordinary building for public interest and special building with height more than 8 (eight) story;
- maximum 18 (eighteen) working days for IMB foundation of non-ordinary building for public interest and special building.
This regulation governs gradual IMB for non-ordinary building for public interest and special building. Gradual IMB is IMB given gradually by the government for building owner to build new building. Foundation IMB is part of gradual IMB for building owner who constructs building, which is still considered as IMB document unification.
Gradual IMB will be issued by regional government for non-ordinary building for public interest and special building with the requirement of more than 8 (eight) story high and/or the area of building is over 2000 (two thousand) square meter and use foundation more than 2 (two) meters.
Evelyn Hutami Mulawarman, SH