The utilization of buildings in Indonesia must comply with stringent regulations, one of which is the mandatory possession of a Certificate of Feasibility (Sertifikat Laik Fungsi or SLF). SLF is an official document that certifies a building has met the requirements of safety, health, comfort, and accessibility, making it fit for use. According to Law No. 6 of 2023, building owners or users can only utilize the building after obtaining the SLF.
The SLF is issued by the government, either by the Central or Local Government, depending on their jurisdiction. The issuance process is based on a statement of feasibility submitted by a supervisory or construction management service provider to the government through an electronic system. This certificate can only be issued once the building construction is complete and has passed the feasibility test in accordance with the norms, standards, procedures, and criteria established by the Central Government.
Notably, the issuance of the SLF is often conducted concurrently with the issuance of proof of building ownership. This makes the SLF not only crucial in terms of functionality but also for the legal ownership of the building. Additionally, the SLF is a mandatory requirement for buildings with Right to Build (Hak Guna Bangunan or HGB), such as apartment units. The extension and renewal of HGB can only proceed if the building has a valid SLF.
Building owners or users are also obligated to conduct regular maintenance and inspections to ensure the building continues to meet the established feasibility criteria. The Minister of Public Works and Public Housing of the Republic of Indonesia Regulation No. 27/PRT/M/2018 stipulates that local governments are authorized to issue a SLF, except for buildings with special functions, where the authority lies with the Central Government.
The types and classifications of buildings requiring SLF are divided into several categories. Class A Buildings include non-residential buildings with more than 8 floors, while Class B Buildings are for non-residential buildings with fewer than 8 floors. For residential buildings, Class C Buildings cover homes with a floor area of 100 square meters or more, and Class D Buildings apply to residential buildings with less than 100 square meters of floor area.
The validity of the SLF also varies. For public buildings, the SLF is valid for 5 years, whereas for residential buildings, it is valid for up to 10 years. After the SLF expires, building owners must apply for a renewal by submitting the required documentation. This process ensures that the building continues to meet the feasibility requirements, ensuring safety, health, and comfort for its users.
Administrative sanctions are imposed on building owners, building users, construction service providers, experts, supervisors, and technical reviewers who fail to fulfil their obligations regarding the functionality, requirements, and management of buildings as stipulated by law. These sanctions may include written warnings, restrictions on construction activities, and temporary or permanent cessation of construction work and building utilization. Authorities may also freeze or revoke building approvals and Certificates of Feasibility (SLF). In more serious cases, sanctions can extend to demolition orders, highlighting the importance of compliance with regulations to ensure the safety and feasibility of building functions.
Thus, the SLF serves as an essential instrument to ensure that buildings in Indonesia are not only fit for use but also meet legal safety and comfort standards. Without this certificate, the use of the building is illegal, and ownership or utilization may be hindered by legal issues.
If you, a prospective client, have further inquiries about the topic discussed above, Schinder Law Firm is one of many corporate law firms in Indonesia that has handled numerous similar matters, with many experienced and professional corporate and civil lawyers in its arsenal, making it one of the top consulting firms in Indonesia. Feel free to contact us at info@schinderlawfirm.com for further consultation.
Author:
Dewi Susanti