In the landscape of Indonesian corporate law, the transition from the old IMB (Building Construction Permit) to the current PBG (Persetujuan Bangunan Gedung) marks a shift toward a more centralized and integrated building management system. When a company undergoes liquidation and formal closure, the focus is often on the Taxpayer Identification Number (NPWP) or the Business Identification Number (NIB). However, the status of the building approval and its subsequent Sertifikat Laik Fungsi (SLF) remains a critical administrative component, especially regarding the valuation and transfer of the company’s physical assets.
The primary legal framework governing these permits is Government Regulation (PP) No. 16 of 2021 on the Implementation of Law No. 28 of 2002 concerning Buildings, as updated by the Job Creation Law. Under this regulation, a PBG is required for any building to be constructed, utilized, or modified. Unlike the old IMB, which was often viewed as a “static” permit, the PBG is part of an integrated system known as SIMBG (Sistem Informasi Manajemen Bangunan Gedung), which tracks the technical standards and functions of a building throughout its lifecycle.
When a business entity is shut down, the NIB is revoked via the OSS RBA system. Since the OSS system is increasingly integrated with SIMBG, a change in the company’s legal status can affect the administrative data associated with the building. If the building was constructed specifically for the company’s business activities—such as a specialized factory or a warehouse—the closure of the business may lead to a change in the building’s function. Under PP No. 16/2021, any change in building function requires a technical review to ensure the structure still meets the standards for its new intended use, or the PBG must be updated to reflect the new owner or function.
Furthermore, the liquidation of a company involves the settlement and sale of assets. For a building to be legally marketable or transferable during liquidation, it must not only have a valid PBG but also a valid SLF (Sertifikat Laik Fungsi). The SLF is the certificate issued by the local government stating that the building is safe and ready for use. If a company is closed and the building is left vacant or transferred to a third party, the liquidator must ensure that the building’s technical documentation is in order. A building without a valid SLF or one that does not match the PBG data can significantly decrease the liquidation value or lead to administrative sanctions from the local government.
Another complexity arises if the building is to be demolished as part of the business closure. PP No. 16/2021 stipulates that the demolition of a building requires a formal plan and approval from the relevant authorities. Simply abandoning a building after a company closure does not absolve the former directors or the liquidator from the responsibility of maintaining the structure’s safety standards. If the building is located on land with specific usage rights (HGB), the expiration or revocation of the business licenses can trigger a review of the land rights, making the PBG status even more vital during the “winding up” phase.
Ensuring that building permits are properly managed during a corporate exit is essential to prevent long-term administrative complications and to maximize the value of the company’s real estate assets. Navigating the technical requirements of the SIMBG portal alongside the OSS RBA system requires a coordinated legal approach. Our team is available to provide the specialized legal advisory needed to manage these technical permits and ensure your company’s exit is complete in every administrative aspect.
Disclaimer: The information provided in this article is for general informational purposes only and does not constitute legal advice. Laws, regulations, and government policies in Indonesia—including building and construction regulations—are subject to change without prior notice. Readers are advised to consult with legal professionals regarding their specific circumstances.
Sources:
- Peraturan Pemerintah Nomor 16 Tahun 2021 tentang Peraturan Pelaksanaan Undang-Undang Nomor 28 Tahun 2002 tentang Bangunan Gedung
- Undang-Undang Nomor 6 Tahun 2023 tentang Penetapan Perppu Cipta Kerja menjadi Undang-Undang
- Sistem Informasi Manajemen Bangunan Gedung (SIMBG)
- Undang-Undang Nomor 28 Tahun 2002 tentang Bangunan Gedung