Developer Constraints in Processing SLF

One of the hot issues on the internet regarding vertical housing is the problem of the Sale and Purchase Deed (AJB) which is not also submitted by the developer to residents, even though these residents have obtained and paid off their occupancy.

Until now, there are still many residents of vertical housing who have not received AJB, one of which occurs because the developer has not yet obtained a Certificate of Functioning(SLF) from the DKI Jakarta Investment and One-Stop Integrated Services Agency (DPMPTSP).

Three things that hinder the acquisition of SLF are: 1. There are differences in measurements between DPMPTSP and BPN certificates, 2. There are obstacles to fulfillment of obligations, and 3. There are regulations that still conflict.

1.Measurement differences

Developers must first pass 17 stages of licensing before obtaining SLF. One stage that often becomes an obstacle is the fulfillment of the obligations of the Principle Permit for Space Utilization (IPPR).

First, in order to fulfill the IPPR, measurements need to be taken. Furthermore, the land measurement process will produce a City Plan Statement (KRK). If there are no differences in measurements and DPMPTSP has sufficient human resources to carry out measurements, KRK as a reference for issuing IPPR takes 2 months.

However, in fact, there is often a difference in measurement between DPMPTSP officials and the area listed on the land certificate issued by the National Land Agency (BPN). In addition, there are also long lines for measurements due to the lack of human resources from DPMPTSP. Until now, the difference in measurement results has been resolved on a case-by-case basis.

This all makes the issuance of the KRK take longer. In fact, IPPR is only valid for three years, so if it expires, the developer must repeat the process from the beginning. If this is the case, the issuance of SLF will be further away from realization.

2.Difficult to fulfill Developer obligations

Before obtaining the SLF, the developer is also obliged to submit environmental infrastructure, public facilities and social facilities such as schools, green open spaces, road improvements, and others as stipulated in the SIPPR and/or other documents.

Again, the developer's desire to hand over obligations to the local government is hampered and can take years.

3.Regulations still clash

The current fire protection system regulations in DKI Jakarta are still not unanimous in determining fire prevention development in a building. This problem creates confusion for practitioners in designing buildings, and ultimately makes obtaining recommendations from the Fire and Rescue Service to obtain SLF hampered.

The above obstacles caused the SLF to take much longer than the 42 days promised by DPMPTSP.

The many obstacles encountered in obtaining SLF are not only detrimental to developers, but also consumers. Without SLF, residents cannot form a Flat House Residents Association (PPRS). In fact, one of the PPRS functions is to collect building maintenance costs. If this is the case, it is the developer who must be willing to bear these costs temporarily.

Meanwhile, tenants also lose out by not getting certainty from the assets they should already have. In the end, the property industry will be disrupted because the huge costs suffered by developers will affect the price and quality of buildings. The level of consumer confidence in developers also becomes low due to uncertainty of ownership.