Background

In densely populated urban areas, where available land is very limited, it is necessary to develop residential in the form of strata title to provide a complete, balanced, and harmony with its surroundings. Strata title is a storey building built on an area, which is divided into parts that are functionally structured horizontally and vertically and consists of units that can be owned individually and that can be used separately, particularly for residence, which is completed with common equipment, common facility, and common land. The construction of strata title shall fulfill the administrative and technical requirements as stipulated in Government Regulation Number 4 of 1988 (“GR No.4/1988”) jo. Law Number 16 of 1985 (“Law No. 16/1985”). The construction of strata title has to comply with more severe administrative and technical requirements, since strata title has special shape and circumstances which are different from the ordinary horizontal housing.

 

Administrative Requirements

The construction of strata title and its environment has to be built and implemented based on the license given by the related local government in accordance with its designation (administrative requirements). Referring to the explanation of Article 6 of Law No.16/1985, administrative requirements of the construction of strata title are the requirements of (i) developer’sbusiness licnese, (ii) location permit and/or its designation, and (iii) building permit. Those licenses are applied by the developer to the related local government by attaching the requirements as set forth in Article 30 of GR No. 4/1988, as follows:

  1. certificate of right of land;
  2. instruction of the use of land;
  3. site plans;
  4. architectural plan drawing containingmap and piece along with its strata title with clear boundaries vertically and horizontally of the strata title unit;
  5. structure plan drawing with its calculations;
  6. plan drawing showing clear common equipment, common facility, and common land;
  7. network and installation plan drawing and its equipments.

 

Technical Requirements

The provisions of the technical requirements are set by the Minister of Public Works and all the said technical requirements should be in accordance with the local zoning plan. Based on the explanation of Article 6 paragraph (1) of Law No.16/1985, the technical requirements of the construction of strata title, are stipulating among others (i) building structure, (ii) security, safety, comfort ability, (iii) the things related to the building design, (iv) completeness of the infrastructure and environmental facilities.

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GR No.4/1988 also regulates the provisions of the technical requirements of the construction of strata title, as follows:

1. Space;

All spaces are used for daily activities shall have a direct and indirect contact with the air and direct and indirect naturally lighting in sufficient quantities.

2. Structure, components, and building materials;

Strata title must be planned and built along with the structure, components, and the usage of building material that fulfill the construction requirements in accordance with the applicable standards.

3. Completeness of strata title;

    Strata title must be provided with clean water system, electricity system, gas networks, rainwater drainage, wastewater drainage, channels and/or landfills, a place for possible installation of telephone networks and other communication equipment, transportation facility in the form of stairs, elevators or escalators, doors and fire escape stirs, laundry space, fire extinguishers, lightning rods, tools/alarm system, smoke tight doors at certain distance, and electric generators for the strata title which uses the elevator.

    4. Strata title units;

      Strata title units can be on, above or below the land surface, or some in the below and some in the above of the land surface. Strata title must also have a standard size that can be accounted, fulfill the requirements in relation to its function and use, and organized and coordinated in order to carry out a state that can support the prosperity and the smoothness of the residents in carrying out their daily activities inside and outside.

      5. Common equipment and common facilities;

        • Common equipment in the form of the space for public, stairs, elevators, hallways, shall be in a size which can provide convenience for residents in performing their daily activities.
        • Common facilities must have the dimensions, location, quality and capacity which can provide environmental compatibility in order to ensure the safety and enjoyment of the residents.
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        6. Density and lay out of the buildings;

          Building density in the environment shall take into account the accomplishment of effectiveness of land use. The building lay out shall support the smoothness of the daily activities and shall consider the boundaries determination of the common land ownership, health aspects, lighting, ventilation, and prevention and safeguards against the dangers which threaten the safety of residents, building, and environment.

          7. Environmental infrastructure;

            Environment of strata title shall be provided with the environmental infrastructure that serves as a link for the purposes of daily activities for residents, inside or outside, by providing trails, roadway, and parking lots.

            8. Building facilities;

              In the strata title and its environment must be provided with rooms and/or building for the purposes as gathering place, community activities, playground for children, and other social contacts, and also room and/or buildings to fulfill the service needs according to the applicable standard.

               

              SANCTION

              According to Article 21 and 22 of Law No.16/1985, the deliberate violation of the aforementioned administrative and technical requirements, the party who builds the strata title is threatened with imprisonment of 10 (ten) years or a maximum fine of Rp 100.000.000,-  (one hundred million Rupiah). Whereas, the violations that occurred due to negligence, the party who builds the strata title is threatened with imprisonment of 1 (one) year and/or a maximum fine of Rp 1.000.000,- (one million Rupiah) and also imposed with the obligation to comply with the provisions that have not been performed by the developer.

              Isrilitha Pratami Puteri