Land Use Index Explained: What to do if your construction exceeds the land use index limit?

• 3 December 2020
• Local News
• 4740 Views

Before developing any property on land, one must ask for a permit from the relevant authority. What if, by accident, you exceed the land use index limit while developing? What should you do?

What is the land use index?

The land use index is a coefficient that determines the feasibility of land use, development, conservation, and construction. Before starting any construction on any land plot, one must first calculate the coefficient and whether it exceeds the official maximum level of land use index or not.

This calculation method is included in the appendix of Prakas No.217 PRK.D.N.S dated 30 December 2015 on the rules for calculating land use index.

Meanwhile, the official maximum level of land use index is the maximum limit of land use index determined by the government, as stated in sub-decree No.42 dated 03 April 2015 on the urbanisation of the capital city, towns, and urban areas.

The official maximum index is applied differently on buildable land and restricted buildable land (Read more). For instance, the official maximum level of land use index for restricted buildable land in the city is determined as 1.5.

What to do if a construction exceeds the land use index limit?

Suppose a construction exceeds the official land use index limit. In that case, the Ministry of Land Management, Urban Planning, and Construction will call the owner to apply for a construction permit and pay for the administration service fee for exceeding it.

Moreover, only specific types of development are applicable to apply for the over-limit permit which includes:
– High-rise residential buildings (More than 12 floors from the ground floor)
– Commercial buildings
– Multifunctional buildings
– Buildings for tourism service
– Hotel buildings

For construction that does not require a construction permit, it is not required to apply for the over-limit permit. Those include, but are not limited, to public institutions or public administration buildings.

• Laws and Regulation