The obligation to have a Persetujuan Bangunan Gedung (PBG) (Building Construction Approval), formerly known as IMB, is clearly regulated in Undang-Undang No. 28 of 2002 about Bangunan Gedung (Buildings). Under this law, a building without a PBG is considered illegal and is subject to administrative sanctions such as being sealed.

For example, in the case of the Akhtara Kaina Housing development in Gunungpati District, Semarang, six completed houses were sealed by the Satpol PP (Public Order Agency) because they lacked a PBG. The absence of this legal basis strengthened the government's reason to seal the location until the permits could be fulfilled.

Besides not having the license registered, there are several other reasons someone might not have or could even lose their PBG rights, which is when the building's condition does not meet the PBG requirements.

Building Conditions That Don't Meet PBG Requirements

Here are some building conditions that don't meet PBG requirements, as regulated in the implementing regulation, Peraturan Pemerintah (Government Regulation) No. 16 of 2021:

1. Inconsistent with Spatial Planning and Designation

Buildings must be consistent with the spatial plan and detailed provisions for their location. If a building violates the provisions for land use, density, height, or setbacks (as regulated in Article 10 UU No. 28 of 2002), a PBG will not be granted.

2. Failure to Meet Building Reliability Requirements

The building must meet the "4K" standards (Keselamatan, Kesehatan, Kenyamanan, and Kemudahan - Safety, Health, Comfort, and Convenience), which include:

Safety:

The building is unable to safely support its intended load and fails to prevent or mitigate fire and lightning hazards (Article 17 of UU No. 28 of 2002).

Health:

The building lacks adequate ventilation, lighting, and/or sanitation systems (e.g., no openings for natural ventilation/light, a sanitation system that is difficult to operate or maintain, or one that endangers/disturbs the environment).

Comfort:

The building generates excessive vibration or noise, uncomfortable temperatures, or unpleasant odors.

Convenience:

The building lacks adequate accessibility, especially for public buildings (including access for people with disabilities).

3. Technical Plans Do Not Comply with Norms, Standards, Procedures, and Criteria (NSPK)

A PBG is granted based on the technical plan's compliance with the NSPK established by the government. If the construction plan does not follow these standards, the PBG will not be issued.

4. Inconsistent with Building Classification

The building's classification (based on complexity, permanence, fire risk, location, height, ownership, and building class) must be listed in the PBG. If there is an inconsistency, the PBG cannot be issued or may be revoked.

If an owner insists on building without a PBG, they risk administrative sanctions, as in the case of the Akhtara Kaina Housing. However, these administrative sanctions will escalate to criminal penalties if they cause loss or endanger lives.

Criminal Sanctions and Fines for PBG Violations

If a building owner and/or user fails to comply with the provisions in the legislation, and this results in property damage to others, they face a potential prison sentence of up to 3 years or a maximum fine of 10% of the building's value.

Furthermore, if this negligence causes an accident that leads to permanent disability for others, the perpetrator can be sentenced to a maximum of 4 years in prison or a maximum fine of 15% of the building's value.

In the most severe cases, if negligence results in the loss of life, the building owner and/or user can be sentenced to a maximum of 5 years in prison and a maximum fine of 20% of the building's value.

Given the risk of administrative and criminal sanctions, it is extremely important to process your PBG from the start before building or beginning business operations. This is one of the two crucial permits you must have before establishing or renting a business location. (Suggestion: Link to the previous article that has been uploaded, do not include HTML tags like WhatsApp and Instagram)

But what should you do if your building has already been sealed due to a PBG issue?

Steps to Handle a Sealed Building Without a PBG

Resolving a sealed building due to a PBG issue requires structured steps that follow legal procedures. Generally, you need to file an application to unseal the building, complete the outstanding PBG requirements, and possibly pay a fine.

The PBG process can be lengthy and requires a deep understanding to ensure it runs smoothly. This is where you need an expert. Entrust your permit issues to Solusi Ijin Semarang, which has been trusted by hundreds of clients to help resolve various permit problems in Semarang.

For more information on prices and other consultations, please contact us via our WhatsApp or visit the Solusi Ijin Semarang Instagram for the latest tips and information on business permits in Semarang!