When you decide to buy or sell an apartment, there are many things to consider in order to avoid disputes or misunderstandings. One of the most important things is understanding the PPJB for apartments.
Apart from PPJB, there are also AJB for apartments. Both are important during the apartment buying and selling process. Both PPJB and AJB are closely related to the legality of the apartment unit that you sell or buy. In addition, the two documents have many legal aspects.
Before deciding which apartment you want to sell or buy, see the article below to understand the PPJB letter and other apartment agreement letters.
The meaning of PPJB, PJB, and AJB for Apartments
PPJB
PPJB Certificate (Sales and Purchase Binding Agreement) is a document written by the seller and the buyer as a binder when buying an apartment. This certificate is needed because the ownership of the apartment has not been officially handed over to the buyer. At this stage, the seller asks the buyer for a down payment.
PPJB is usually made ‘under the hands’, but still follows the law and is based on an agreement between the two parties. When making PPJB, sellers and buyers must follow the Undang-undang Pasal 1320 KUH Perdata (Article 1320 of the Civil Code).
Another regulation that contains PPJB is Peraturan Menteri Negara Perumahan Rakyat No. 09/KPTS/M/1995 Tentang Pedoman Pengikatan Jual Beli Rumah (the Regulation of the State Minister of Public Housing No. 09/KPTS/M/1995 concerning Guidelines for the Binding of Buying and Selling Houses).
In the written regulation, the apartment buyers are prohibited to transfer the apartment to a third party without written permission from the seller. So, the buyer is not allowed to make arbitrary transfers without the knowledge of the seller. Usually, PPJB is given by the developer when the apartment purchase has not been paid off.
PJB
Then there is the PJB (Sales and Purchase Agreement), a certificate that has almost the same contents as PPJB. The difference is, PJB is made in front of a notary or Land Deed Making Officer (PPAT).
There are two types of PJB, namely Paid PJB, and Unpaid PJB. Paid PJB is given when the apartment has been paid in full, and Unpaid PJB is given when the apartment price has not been paid in full.
AJB
Meanwhile, AJB (Deed of Sale and Purchase) is an authentic certificate issued by a notary/PPAT as proof of the transfer of apartment ownership from the seller to the buyer. AJB will be created when all costs and taxes on the sale and purchase of apartments have been paid in full.
PPJB will continue to be valid until the AJB is officially made by a notary. There are some things to consider in making PPJB.
Three of them are the price of the apartment, the grace period for repayment, and the provisions for making AJB. PPJB certificates are usually made because there is a need or condition that must be met by both parties before making an AJB.
Important things about whether or not the Apartment PPJB are valid
Before making a PPJB certificate, there are a number of important things that you must pay attention to. Because, even though it has been regulated by regulations, there are several points that determine whether or not PPJB apartments are valid.
1. Objects for Buying and Selling Apartments
The PPJB certificate must contain the object of the sale and purchase binding. In this case, the object is an apartment. Objects can also be land or other buildings.
In addition, you must also pay attention to three points in the object of the sale and purchase agreement, including the building area, land location, and land area. The apartment building area information must contain a technical drawing and architectural specifications of the apartment.
The location of the apartment land must match the building lot number listed. The land area must contain a building permit (IMB). The three points should be written as clearly as possible so that there are no misunderstandings in the future.
2. Seller’s Obligations
The seller–in this case the developer–has an obligation to the buyer to establish and deliver the unit in accordance with what is offered and mutually agreed upon.
Therefore, PPJB becomes a mandatory certificate for the seller as a guarantor, even though it is written under the hand.
The developer must also write a guarantee that shows that the land and apartment units offered to the buyer are not in a disputed period or become debt guarantees.
3. Buyer’s Obligations
Besides the seller, the buyer also has obligations that must be carried out. In the case of buying and selling apartments, the buyer’s obligation is to pay the apartment installments according to the deadline determined by the developer. This installment must be in accordance with what is stated in the PPJB.
If the buyer is late in paying the installments, a fine will be imposed. The regulation regarding late fines is regulated in Keputusan Menteri Negara Perumahan Rakyat No. 9 Tahun 1995 (the Decree of the State Minister of Public Housing No. 9 of 1995).
Buyers who have agreed to buy the unit are also required to comply with applicable regulations. If there is a unilateral cancellation of the agreement, the down payment received by the seller will be forfeited or non-refundable.
4. Contents of the Apartment PPJB Agreement
The same regulation is also mentioned about the important point that must be in the apartment PPJB. Here are 12 points that you must pay attention to.
- The two parties to the agreement, namely the seller and the buyer.
- The object of the sale and purchase binding which in this case is the area of the unit, the location of the apartment, and the area of land. The PPJB should explain this point as clearly as possible.
- The agreed seller’s obligations.
- Obligations that must be fulfilled by the buyer, which is the matter of paying off the apartment.
- Seller’s (developer) guarantee.
- The time for handing over the apartment unit.
- Provisions regarding unit maintenance.
- Conditions regarding the use of the unit.
- Transfer of ownership rights from seller to buyer.
- Cancellation of the sale and purchase agreement that has been agreed by both parties.
- Rules for resolving disputes or disputes. If at any time there is an apartment dispute, evidence is needed, including PPJB, especially those made in front of a notary.
- Provisions for making AJB (Deed of Sale and Purchase).
Understanding all these points will help you get an apartment unit legally. Do not let it be a waste later because the buying and selling process is not right.
Example of the Apartment PPJB
The following is an example of an apartment PPJB that can be your guide when buying or selling an apartment.
Is PPJB Necessary When Renting An Apartment?
While renting an apartment, both parties don’t need the apartment PPJB. But still, make a rental agreement. This is to avoid disputes between unit owners and tenants. This agreement will be binding on both parties.
Well, this apartment rental agreement was made by agreement from both parties without any coercion or elements of fraud. This is in accordance with the rules contained in Pasal 1320 KUH Perdata (Article 1320 of the Civil Code).
In order to be considered valid, the apartment rental agreement must contain a clear object. In this case, the apartment unit is the object of the agreement. Furthermore, the letter must be accompanied by a purpose that does not violate the law.
Points in an apartment rental agreement
There are several points to put in an apartment rental agreement. First, there must be a complete identity of the owner and tenant.
The letter must also contain transparent apartment specifications. Moreover, the latter should state the object of the apartment clearly, starting from the type, area, number of rooms, to facilities.
The landlord and tenant also agree on the duration of the lease and the overall cost. Renting an apartment sometimes incurs a maintenance fee on top of the rental fee.
So, pay attention to this point so you don’t lose renting the desired unit. Include the sanctions and rules that must be obeyed by both parties.
When signing the lease agreement, present witnesses. The presence of witnesses will help strengthen the law and can be a mediator in the event of a conflict one day. Finally, put your signature on the stamp.
Well, that’s a complete explanation about the apartment PPJB that you need to know before buying and selling apartments. For those of you who are planning to rent an apartment, Flokq has many recommendations. Let’s click on the Flokq homepage to rent your dream apartment!
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