Extending the Right to Build Certificate
(Sertifikat Hak Guna Bangunan/SHGB)
to Maintain Land Title Compliance

real-estate-6688945_1280 EDIT

Many landholders in Indonesia need to extend or renew their Right to Build Certificate (Sertifikat Hak Guna Bangunan/SHGB) when it is nearing the end period to continue using the land legally. These 2 processes reflect the important aspects of land law compliance for both landowners. Other than legal necessity, property owners can create a strategic move to protect their investments in the long term, especially for assets such as commercial property, industrial sites, or real estate developments.

What is SHGB and How Long Does It Last?

SHGB is a land title that grants the right to build and use land for a specified period. Unlike SHM (Sertifikat Hak Milik) which is permanent, SHGB has a limited validity, typically structured as follows:

  1. Initial Term: 30 years.
  2. Extension: Can be extended once for an additional 20 years.
  3. Renewal (Pembaharuan Hak): After the extension, the holder can request a new grant of rights for up to 30 more years.

In total, a properly maintained SHGB can last up to 80 years, if all procedures are followed timely and correctly.

When is SHGB Extension or Renewal Needed?

According to Article 41 of Government Regulation (Peraturan Pemerintah/PP) Number 18 Year 2021 concerning Management Rights, Land Rights, Apartment Units, and Land Registration, landholders must apply for the extension or the renewal before the current SHGB expires.

Delays or failure to apply for extension or renewal of SHGB may result in:

  1. The land being returned to the state if the land is under state ownership, or
  2. The SHGB expires and leaves only the underlying land ownership (Hak Milik) intact.

Referring to Article 40 of the same regulation, SHGB can be extended or renewed if the following conditions are met:

  1. The land is still being used according to its purpose.
  2. All requirements and obligations from the original title have been fulfilled.
  3. The titleholder still meets eligibility criteria.
  4. The land use complies with the zoning and spatial plan.
  5. The land is not designated for public interest.

Risks of Not Extending SHGB

If SHGB is not extended or renewed:

  • Land over State Land becomes State property again.
  • SHGB over Hak Milik (if built on owned land) will default back to the underlying land title, stripping the building-use rights.

This could significantly disrupt asset usage, operations, and investment value—especially for companies with ongoing commercial activities on the land.

Let Us Assist with SHGB Extension or Renewal

Whether you’re a corporate landholder or an individual property owner, ensuring timely SHGB extension or renewal is critical to protect your land rights and investment value.

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