There is a recurring concern among owners of shophouses, warehouses, and old office buildings: the buildings have been standing for years, their permits have never been processed, and now the regulations have changed. The question that arises is almost always the same: does the building need to be demolished.
The short answer is no. Government Regulation No. 16 of 2021 provides a pathway for buildings that have already been constructed, provided that the building can be proven to meet safety technical standards. What has changed is not the fate of the building, but the way to prove it.
Old IMB remains valid, no need to exchange
This section is often misunderstood. An IMB (Building Permit) that was issued before the Job Creation Law came into effect remains valid and does not need to be changed to a PBG (Building Construction Permit). There is no obligation to exchange documents simply because the name has changed.
New obligations arise only if there are changes to the building: an increase in area, a change in function, or other construction work that alters the technical plan. It is at this point that a PBG is required, not before. Therefore, owners with complete IMB and unchanged buildings actually have no homework at all.
Those without any permit: the pathway is through technical assessment
For buildings that stand without an IMB, the fundamental difference lies in what is assessed. New buildings are evaluated based on their technical plans, which include drawings and calculations prior to construction. Existing buildings are assessed based on their factual conditions, meaning the physical state as it is today on-site.
Consequently, the assessment cannot be carried out by the owner alone. The evaluation must be conducted by a certified technical assessment provider recognized by the relevant ministry. They are the ones who declare whether the building is fit for use or not.
The application still goes through the same single door, the Building Management Information System at simbg.pu.go.id, just like new building applications.
What technical assessors do
It generally involves three tasks. First, re-measuring the existing building, as often the dimensions on-site differ from the old documents, or there may never have been any documents at all. Second, structural inspection to assess the strength and reliability of the building in its current condition, including if it has been renovated without records. Third, preparing as-built drawings that reflect the actual state, not the plans that were previously envisioned.
The third part is usually the most time-consuming for old buildings, especially those that have been renovated multiple times without documentation. This is not because it is technically complicated, but because it must start from scratch.
Why it is better to manage it before being questioned
Sanctions for buildings without a PBG are administrative and tiered, starting from a written warning and potentially leading to a temporary cessation of building use. For buildings used for business, this temporary cessation is far more costly than the technical assessment fees, as income stops while fixed costs continue.
The triggers rarely come from sudden inspections. More often, they are discovered when handling other matters: extending business permits, applying for loans with the building as collateral, buying and selling processes, or insurance claims. At those moments, building documents are suddenly requested, and there is no time to chase them.
For owners who want to first understand the fundamental differences between these two documents, the discussion is available in the article PBG and SLF as requirements for business licensing.
Conclusion
Old buildings without permits are not a dead-end case. They simply require a different sequence: not drawing plans, but proving reality. The longer it is postponed, the more layers of renovation must be traced back, and the more expensive the proof will be.
Sources
- Government of the Republic of Indonesia – Government Regulation No. 16 of 2021 on the Implementation Regulation of Law No. 28 of 2002 on Buildings → peraturan.go.id
- Hukumonline – Understanding PBG and Sanctions If Buildings Do Not Have It → hukumonline.com
- Ministry of Public Works of the Republic of Indonesia – SIMBG Licensing Portal: Implementation of PBG and SLF → perizinan.pu.go.id
- City Planning Office of Semarang – Information on IMB and PBG → distaru.semarangkota.go.id
- DPMPTSP of South Solok Regency – Information About PBG Replacing IMB → dpmptsp.solselkab.go.id