Law No. 20 of 2011 on Condominium (“Condominium Law“) requires a developer to separate the condominium with condominium unit, common equipment, common facility, and common land, when the developer constructs a condominium. The separation shall provide a clarity on the following matters:
- Boundaries of condominium unit that is separately used for each owner;
- Boundaries and details of common equipment and common facility that become the right of each condominium unit; and
- Boundaries and details of common land and the scale of part that become the right of each condominium unit.
Common land is a plot of land used or leased for building that is used as the basis of inseparable common rights where a condominium is built over that land and its boundaries are determined in the requirements of construction license.
Common equipment is a part of condominium that is inseparably owned for joint use, in one integrated function with condominium units. The examples for this are roof, stair, lift, pipelines, electricity or other part that is not an integrated function of condominium units.
Common facility is a property that is not part of condominium, but inseparably and jointly owned for common use. Therefore, it can be concluded that a property cannot be considered as common equipment if the property is not an integrated function of condominium units. The examples for common facility are swimming pool, garden, playground and other part that is not an integrated function of condominium units.
Article 25 paragraph (2) Condominium Law describes that the common facility will become common equipment if it is built as a part of a condominium building. There is a similarity between the definition of common facility and common equipment. Nevertheless, based on common equipment definition, the elements of common equipment are:
- Part of condominium;
- Inseparably owned;
- For common use; and
- In one integrated function of condominium units.
While the elements of common facility are:
- Property that is not part of condominium;
- Inseparably owned; and
- For common use.
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