land development : housing and settlement
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Land Development : Housing & Settlement by Group A Master of Geomatics Engineering UGM Jogjakarta 22 September 2007 / 10 Ramadhan 1428
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LAND DEVELOPMENT :
HOUSING AND SETTLEMENT
by Group A :
1. Nur Rahmanto 20655/PS/TG/06
2. Pratomo Adi Wibowo 20656/PS/TG/06
3. Fahmi Charish MDW 20657/PS/TG/06
4. Margaretha Ellya LP 20658/PS/TG/06
5. Sri Hartini 20659/PS/TG/06
1. INTRODUCTION
Space or land must be used for the greatest welfare of all citizens. Land
development aim to make the wider community healthier and wealthier. On the other
hand, however, it has to consider the balance of the interest of the entire community.
Accordingly, it is essential in the land development to accommodate both national
“vision & mission” as it is stated in the national development policy, particularly
concerning to the area development.
The supreme regulations establishing the policy for people welfare is the UUD
1945 (National Fundamental Law) article 33 number (3) stated : Land, water, and
natural resources contains are being controlled by the State and used to the most
welfare of the people. Regarding to the UUD 1945 , Undang-Undang number 5 year
1960 was issued and well known by the name of UUPA (Basic Agrarian Law).
Land development is a process that involves changing or intensifying use of
land to create buildings for settlement. It is an exciting, yet at times frustrating,
complex activity involving the use of scarce resources. It is a high-risk business
involving large sum of money, lengthy, indivisible product and is influenced by
economic environment. It is more than bricks and mortar; it brings people with
different objectives and interests (Cadman D and Topping R, 1995). Land
development can be defined as “utilization a place or area consisting of surface of
land and also the space above earth surface and below earth surface".
Based on the above definition, land development reflected on the area master
plan aims at giving direction on development programs, including infrastructure
Land Development : Housing & Settlement by Group A Master of Geomatics Engineering UGM Jogjakarta 22 September 2007 / 10 Ramadhan 1428
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program on a definitive area. Thereby, land development plan can be used as a
guideline for the performance of the development as a realization of national “vision
& mission” and the goals of national development. Moreover, it is implemented upon
the issuance of certificate of appropriateness.
Concerning land supply for settlement, land development can be interpreted as
physical development that supplied simple buildings giving at least minimum
protection for human life against weather, diseases, etc. In a wider context, it is
expected that the society is supposed to be able to live in a good and pleasant
environment, to live in proper housing with infrastructures functioning well at any
time and any weather.
The need for new housing in Indonesia is more than 800,000 units per year.
Data collected from Statistics Center Office based on socio-economic survey on
2004 show that mortgage sector only finances at the most 200,000 for this demand.
National housing survey (BPS, 2004) showed that the great majority of houses were
constructed on land owned by the owners of the house It was perceived that the lack
of formal title to the land becomes the barrier on the expansion of housing
development.. Thus, it is not the lack of formal title to the land hinders the expansion
of housing development.
Fig 1. Population and Household Figures 1990-2004
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As can be observed on the table (fig.1), implied extra ordinary growth of
population that creates large amount of demand aspect on housing and settlement.
From macro point of view, the operation of a development, especially that of housing
and settlement, synchronization between two systems, namely urban and rural,
should be done. This effort is done in order to avoid overload in housing
environment in urban areas that may result in unprofitable impacts for urban areas
and the hinterland that is usually a rural area (Suparno Sastra and Endy Marlina,
2006).
2. POLICY ON HOUSING & SETTLEMENT
Policy may be defined as a set of measures aiming at achieving the goals
formulated by the public authority (Haim Darin-Drabkin, 1977). According to Ismail
Omar, the substance of land policy are :
≈ Land uniqueness in terms of legal, economic and physical characteristics.
≈ Real meaning of land – terra firma settlement and conservation
≈ Natural land resources and legal factors
Fundamentals of land policy are :
≈ The nature of socio-politics, economy and administrative
≈ Based on direct and indirect measures. Direct measures include land acquisition,
own and country planning whereas indirect are assessment, land rent and levy.
Housing and settlement land development that is done well by either the
developer, government or the society should be based on the prevailing regulations.
If the development is done based on the existing regulations, there will be security,
safety, and comfort in both internal and external land development. Moreover, there
will be such a sustainable development with environmental insight.
The policies / regulations include, among others :
1. Requirement for Land Allocation Appropriateness
Land Development : Housing & Settlement by Group A Master of Geomatics Engineering UGM Jogjakarta 22 September 2007 / 10 Ramadhan 1428
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In order to guarantee the existence of optimal environment support, land
development for housing and settlement must be in line with its allocation area,
in a location intended for residence and settlement.
2. Development Concept with Environmental Insight
Anticipative action for housing development with environmental insight can be
done, among other things, by placing the object (activity location) by paying
attention to the environmental supports, for example management of clean water,
supply of septic tank, family sanitation, and management of other things related
to the environment that may influence the environment around the housing and
settlement.
3. Concept of Settlement Pattern 1 : 3 : 6
This concept constitutes a mandatory regulation from the government for
developers that will develop urban-scale settlement project in a location, that is
developing settlement facilities in a composition of one luxurious house( fig.2),
three medium houses (fig.3), and six simple house or ‘Rumah Sederhana - RS’
(fig.4) and very simple houses or ‘Rumah Sangat Sederhana - RSS’. With the
concept of 1 : 3 : 6 the dwellers of the RS/RSS area can enjoy real estate
facilities, such as wide and green environment roads, play ground, sport center,
wide car park area, jogging track , tennis court, etc.
Fig 2. Luxurious House
Land Development : Housing & Settlement by Group A Master of Geomatics Engineering UGM Jogjakarta 22 September 2007 / 10 Ramadhan 1428
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Fig 4. ‘Sederhana’ House
Fig 3. Medium House
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Fig 6. Condominium (luxurious strata title)
Fig 5. Front design of ‘Sederhana’ House
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3. LAND DEVELOPMENT STAGES
In the case of property development, the product is a change of land use
and/or a new or altered building in a process combining land, labor materials and
finance. In practice, however, the process is complex, often takes place over a
considerable time. The end product is unique either in terms of its physical
characteristics and/or its location. The development process, as Cadman and
Topping wrote, may be divided into the following stages :
3.1. Initiation
Development is initiated when either a parcel of land or site is considered
suitable for a different or more intensive use or demand for a particular use leads to a
search for suitable site. The initiative may come from one of the actors in
development process seeking an appropriate site in anticipation of the demand or
need for any of the above uses.
In Indonesia, the initiative comes from the government and the developer.
Hence, location determination required by the government and the developer is
suited with the RTRW (area master plan) stipulated by the local government and that
Fig 7. ‘Rumah Susun’ (strata title for the low incomes)
Land Development : Housing & Settlement by Group A Master of Geomatics Engineering UGM Jogjakarta 22 September 2007 / 10 Ramadhan 1428
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fulfills the requirements of environmental facilities and infrastructure services
standardization
3.2. Evaluation
This is the most important stage of the development process as the guidelines
for the decision making of the developer. Evaluation includes market research, put in
general and specific time and financial appraisal of the proposal. This stage should
be carried out before any commitment is undertaken and while the developer retains
flexibility. Evaluation involves the combined advised of the developer’s professional
team but the responsibility for this stage rests ultimately with the developer.
The result of the evaluation will define the shape of the house, the prevailing
regulations, city planning, market and supporting facilities and infrastructures. In
this evaluation stage, optimal (highest and best) use of land is determined. Highest
and best use is the most feasible and allowable of a vacant land or developed land,
which physically is feasible and supported/allowed by regulations, financially
reasonable and results in highest values.
3.3. Acquisition
Legal basis for a developer for the operation of land development enterprise
activities are:
≈ Regulations of the Minister of Domestic Affairs Number 3 Year 1974 on
Stipulations of Land Provision and Allocation for Company Purposes completed
with Regulations of the Minister of Domestic Affairs Number 3 Year 1987 on
Provision and Authorization of Land for the purpose of Developers.
≈ Regulations of the State Minister of Agrarian Affairs / Head of National Land
Office Number 2 Year 1993 on the Protocols of Obtaining Location Permit and
Rights over Land for an Enterprise in the Frame of Capital Investment.
Stages in land acquisition :
≈ Application of Principle Permit : basic permit for other activities, issued by the
Local Government.
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≈ Application of Location Permit : location permit is the permit given to an
enterprise to get the land according to the RTRW, which also servers as permit of
right transfer. Location permit, which issued by Head of Local land Office, is
valid for 12 months and can only be extended once for 12 months.
≈ Executing acquisition of land : after getting the location permit, the developer
may begin land acquisition activity. To get the land, the developer discusses with
the holder of the right over the land located in related developer’s permit
location.
According to the UUPA, the status of the right over the land owned by the
developer as a legal institution is the HGB (Hak Guna Bangunan = right over land
that gives the authority to the holder to construct and to own the building on the land
not of his own, for at most 30 years as stated on UUPA article 35 and article 4
number 2) or the HP (Hak Pakai = right to utilize and/or to collect products from the
land occupied directly by the State or someone else’s land, which gives rights and
obligations stipulated in its decision to give it by the authorized officials or with an
agreement with the land owner), and in general, the land under control of a developer
is of HGB status. There are two methods to obtain the HGB :
≈ Right transfer (according to the Regulations of State Minister of Agrarian Affairs
number 2 year 1993 article 6)
≈ Direct giving the right by the holder of the right (according to the Regulations of
the State Minister of Agrarian Affairs number 2 year 1993 article 7)
Housing consumers who buy the property offered by the developer exactly
buy the HGB from the developer. This means that consumers buy the right over land
with HGB status including the house or building and not just the house or building.
Housing consumers holding the HGB can perform legal actions related to the right
over the land, for example selling, transferring, exchanging, inheriting and using is as
collateral. Besides, they can propose the extension and renewal of their right. The
holder of HGB is also given the opportunity to increase its right over the HM (right
of land ownership) in accordance with the prevailing regulations.
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3.4. Design and costing
Design is an almost continuous process running parallel with various other
stages getting progressively more detail as the development proposal increases in
certainty. Work Design will be kept to minimum in order to keep cost-efficiency
before the developer is committed to the scheme. The developer needs increasing
certainty over costing to improve the quality of the financial appraisal. The design
and costing stages involve all members of professional team and continues
throughout the construction of the scheme.
Since housing and settlement have functions as the place for developing
human resource and embodiment of social life, the planning of housing should take
into account the aspects underlying the planning of the housing, for example:
≈ Environment : Considering environmental factors in planning the housing is
necessary because the process of housing environment formation is an
accumulation of house units making up the housing. For the reason, the planning
of the housing also requires the planning of the housing environment; it is related
in macro (detail planning of house units) micro (planning and observation to the
environment where the housing is located). Macro insight can be implemented by
creating balanced condition between housing environment and the environment
before the housing is built. It is better that the process of changing leads to
balance. If there are alterations, they are still in the limit of tolerance threshold.
≈ Affordability : In a housing planning, the accordance between size of the
building, space requirement, building construction and building materials during
its service period is always considered. This has to be anticipated considering the
average affordability of the society in an area is different from that of another,
even when looking at the data of the need for dwelling houses in Indonesia in
general, the affordability of the society to buy house is still under standard
affordability line. The following table is a case example in Jakarta :
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≈ Institutional : The success of housing development in an area, in both urban and
rural, is not separated from the role of the Government as the party that is
obligated to direct, guide and create conducive situation for the success. The
society as the main agent of the development plays an important role in each
executed development program. The role of the private (developer) in the
housing development decides the creation of the direction and the course of
housing development.
In housing development, cost and benefit analysis plays a very important role
since it constitutes part deciding the feasibility of such an activity. In doing its
operation, the developer will review and find out the benefits. The revenue and
expenditure of a property enterprise can be measured directly using money (tangible)
or indirectly not using money (intangible). The revenue system can be direct of
indirect. A house is a kind of goods that can be measured directly using money
because the house including the land sold by property market or by public has certain
value.
3.5. Permission
The obligation to be fulfilled by the developer is obtaining permits for the
housing and settlement projects to be developed including :
≈ Land use and change permit (PPT)
≈ Location determination permit
≈ Site plan proposal and legalization
≈ Building permit (IMB)
Fig 8. Estimated Median Monthly Income Figures in Rp and Monthly Payment for Housing and Loan
Affordability
Land Development : Housing & Settlement by Group A Master of Geomatics Engineering UGM Jogjakarta 22 September 2007 / 10 Ramadhan 1428
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≈ Land certificate checking
3.6. Commitment
Developer must fulfilled all necessary preliminary work been carried out
before any substantial commitment made relating to development. Ideally all the
appropriate inputs of land, finance, labor and materials, and acquisition of statutory
permissions must be satisfactorily negotiated before any agreements are signed.
When the preliminary work has been completed as far as possible, the project must
be evaluates once again. The preparation of that scheme has take some time and the
economic circumstances that determine the success of the development have
changed. It is critical, therefore, that the developer pauses for thought until
absolutely satisfied that the evaluation is based on the best possible information and
the scheme is still viable.
3.7. Implementation
Implementation begins once all the raw materials of the development process
in place. A commitment has now been made to a particular site and to particular
buildings at a particular cost spread over a particular time. The flexibility that was
possible in the earlier phases has been lost. This emphasizes once again the
importance of careful evaluation and of maintaining flexibility as long as possible.
3.8. Let-manage-dispose
This phase of development, though often the last stage, will need to be at the
forefront of the developer’s thoughts from the initiation of the scheme. In some cases
the occupier may have been secured at the start or during the development process.
The development’s process will depend on the ability to secure a willing occupier at
the estimated rent or price, within the period originality forecast in the evaluation.
The disposal may take the form of a letting or it may be the outright sale of the
freehold interest. In the case of major retail development, there are many lettings,
while in that of a single office building the property may be disposed of in one major
letting.
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3.9. Marketing
Marketing the housing product, the developer usually uses certain
management system that is expected to be able to trigger the sale of its product.
After deciding the market segmentation for its product, a developer usually analyzes
the competitors concerning the sale.
In order for the housing marketing to run well, there are some factors to be
understood thoroughly and to be observed by developer:
≈ Consumer attitude/profile
≈ Market buying power/affordability
≈ Market economy condition during the product marketing and future prediction
≈ Data of consumer qualitative and quantitative analysis
≈ Buyer characteristic, including location position, lifestyle, habit, pattern
tendency, behavior, etc.
≈ Futuristic potential (development plan)
Fig 9. Inflation Table and Interest Rates, 1996 – 2005
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4. ISSUE ON HOUSING & SETTLEMENT DEVELOPMNET
Environmental balance : Property land development prioritizes the impact
of land change into housing land. Thus, in addition to considering the quality of a
healthy house, it must also consider minimal environmental damage and the
absorbance power of natural resources resulted from the housing development.
Regarding this environmental issue, the local government issuing RTRW (long-term
land use master plan).
Vertical Housing : The construction of vertical houses is more profitable in
many aspects compared to the construction of lateral houses :
≈ Requires minimal use of land
≈ Economically cheaper and constructively faster. Using pre-fabricate technology
to make the non-structural wall and column, the construction will be carried out
easier and faster. It happens to be inexpensive since a single building element,
like roof and foundation, can be sufficient for some houses.
≈ Minimizes the land clearance cost and, in some cases, employee.
≈ Technologically, the composting system of human waste and other household
solid waste can be easily and effectively implemented. Air conditioning
technology can be passively applied more simply and more economically. A
solar panel can be set on the roof of vertical house to make it alternative energy
resource.
≈ Self-supporting of housing development
5. DEVELOPMENT EXECUTION MECHANISM
Housing and settlement infrastructures are enhanced development tasks and
settlement done within an area. They aim to increase healthy and wealthy housing
and settlement condition, in order to avoid the citizens living in the area from various
disease due to unhealthy housing and settlement conditions.
Housing and settlement infrastructures do not have any cost recovery
character. It means that the investment total cost for financing the development of
housing and citizen settlement is merely for enhanced condition. It generates no
Land Development : Housing & Settlement by Group A Master of Geomatics Engineering UGM Jogjakarta 22 September 2007 / 10 Ramadhan 1428
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direct profit following a certain economic action period. As housing and settlement
are not cost recovery sector, an economy analysis is necessary rather than the
financial one. The housing and settlement infrastructure development consists of the
following stages:
5.1. Execution Preparation
In this execution preparation consists of several stages, that is :
≈ Work plan arrangement : In this stage, an executing team is established and the
development executing work plan is arranged, including the time setting and the
period of activities as necessary.
≈ Administration preparation : This stage involves letter and document preparation
under the regulation in effect.
≈ Land clearance and acquisition : In this stage, the land property or land
ownership, land clearance and acquisition model become the main concern.
≈ Land maturation : Land maturation is any activities carried out in order to
prepare an area, making it ready for housing and settlement development. The
land is ready for use after fulfilling the requirements of using, authorizing,
ownership, and living environment spatial plan or environment of settlement of
building construction.
5.2.. Activity execution
≈ Financing : Through a certain mechanism, development can be realized after
money is available.
≈ Principal construction work : This stage needs neatness/carefulness, skill, ability
and work experiences.
≈ Continuation of construction work
≈ Landscape activity : This is the final stage of the generally development activity
series in which aesthetics and beauty are important.
≈ Supervision and control : Supervision is done under structural or functional lines.
5.3. Job taking over
Job execution should physically be finished at agreed time of fulfillment and
should meet the specification in appointment fulfill time, as according to technical
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specified are included in agreement / technical work reference, so it needs job taking
over.
6. MAIN ACTORS
In terms of housing and settlement development, the society plays the main
role, while the government has the obligation to direct, consult and create conducive
situation. The society and the government have to support and complete one to each
other in order to move in one direction.
Any performance must have a director who has the capacity and energy to
pull together the performance to ensure it reaches a satisfactory solution. In land
development activity execution for housing and settlement developing involved 3
(three) stakeholders to carry out task and function from management cycle, namely :
6.1. Government (public sector)
Due to central government policy, the public sector is currently under taking
little direct development. Local authorities are primarily involved with developments
for their own occupation or community use and the provision of infrastructure. Local
authorities are both constrained use and the provision of infrastructure by financial
resources and limited by their legal powers. Local authorities have to be publicly
accountable and have regard to the overall needs of the community they serve. Local
authority involvement in the development process will depend on whether they wish
to encourage development or control development in order to main standards.
This institute is (this case is generally and may be it is different from
another region) :
≈ Region Development and Planning Office
≈ Region Income Office
≈ Public Works Office
≈ Housing Office
≈ Land Office
≈ Drinking Water Company
Land Development : Housing & Settlement by Group A Master of Geomatics Engineering UGM Jogjakarta 22 September 2007 / 10 Ramadhan 1428
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≈ Civil Works Office
6.2. Private
This case is all of non-government agency that is related directly or not
directly with housing and settlement development, that is:
≈ Developer : In our context of property development, generally ‘developers’
implied as housing developers. The ‘housing developer’ means any person, body
of persons, company, firm, or society (by whatever name described), who or
engages in or carries on or undertaken a housing development.Private sector
development companies come in a variety of forms and sizes from one-man-
bands to multinationals.
≈ Financial institution : The strength of a developer among others lies in his
financial capability. Unless a development is being financed entirely with a
developer’s own capital or that of a partner, then financial institutions, as
providers of finance, have a very important role in development process.
Financial institution is a term usually used to describe pension funds and
insurance companies.
≈ Consultant : It consists of planning consultants. Planning consultants are
employed to negotiate with local planning authorities to obtain the most valuable
permission for a development particularly with large or sensitive schemes. If a
planning application is refused they will be employed to act as expert witnesses
in presenting the case for the developer.
≈ Public Accountant : Public accountant evaluates all stages of the activity,
including the financial matter.
≈ Planners : Those belong to the planners group are architect, civil engineer,
communication experts. Architects are employed by developers to design the
appearance and construction of new buildings or the refurbishment of existing
buildings. They may also administer the building contract on behalf of
refurbishment work, building surveyors are usually employed to survey the
existing building and advise on the alter. In addition to designing structural
elements of a building, civil engineers are employed to design and construct
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infrastructures such as clean waterworks, bridges, etc. Communication experts
design the required communication line and plan.
≈ Building Contractors : Building contractors are people / enterprise constructing
buildings and all infrastructures as designed by the developers.
≈ Agents : Commercial agents or estate agents (in the case of residential) may be
instrumental in initiating the development process and / or bringing together
some of the main actors in the process. They also form the link between the
developer and the occupier, unless the developer uses ‘in house’ staff to perform
the agent’s raw and the occupier is not represented by an agent. Therefore, they
play very important role within the development process and they are often
involved in every stage of he process. In Indonesia, there is no distinct separation
between the developer and the agent, because developer acts as an agent.
≈ Professional Team : Lawyer and ‘PPAT’ (Pejabat Pembuat Akta Tanah / Land
Certificate Issuing Officer), Architect, Engineer Planning, Consultant, Surveyor,
Project Manager.
6.3. Society, user & landowner
In this case, society participation is active process where society have a
willingness to contribute, influence, initiative and make decision about land
development activity. Cadman and Topping (1995) described landowners as the key
players to any development either actively or passively. It is the landowners who
either initiate development with they outright sell the land to property developers or
they themselves take the role of the developer. If it is neither, then they become the
hurdle of development. Without their willingness to sell their interest or participate in
the development, unless acquired, no development can take place.
7. MAIN CONSTRAINTS
7.1. Government (policy aspects)
≈ Limited finance regarding population and city growth.
≈ Lack of entrepreneurship soul.
≈ Bureaucracy barrier.
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≈ High taxation for land conveyancing.
7.2. Private aspects
≈ Time consuming: agreement process needs a long time.
≈ Inconsistency regulation: often change base on recent political will.
≈ Paradigm contradiction: there are different opinions exist to carry out business
activity.
7.3. Socio-culture aspects
≈ Society does not have enough understanding about development activity.
≈ Society disappointment to towards development activity, so it consequences that
society dislike to participate.
≈ Activity management is bureaucratic so that society refuses to participate.
≈ Lack on regulation: there is no such a rule for specific subject, or there is a rule
but ineffective on supporting land development.
≈ Land speculator existence.
7.4. Force Majeur
Force majeure is a situation that happens out of human power, such as
disaster (earthquake and flood), riots that will cause the developer and consumer to
take risks to do land development activity.
8. CONCLUSION
Property (land) development process is unique and complex, risky and
rewarding– therefore it is interesting: land matters, resources available, land supply
constraints by way of valuation, market, physical, planning and landownership
constraint. It offers huge opportunity for employment and indicates the economic
climate of a particular country.
Housing and settlement development is very fundamental requirement for
citizen’s welfare, but ironically this hungry-demand for housing facing speculators
creates uneconomical house price and it is not affordable for common people.
Land Development : Housing & Settlement by Group A Master of Geomatics Engineering UGM Jogjakarta 22 September 2007 / 10 Ramadhan 1428
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The Government as one of the actors plays important role to protect the low
incomes so they could get housing facilities. Government’s intervention was required
to break the chain of development-marketing in Indonesia through regulations and
national housing institution – re-empowering the function and role of PERUMNAS
(National Housing Agency).
9. SUGGESTION & RECOMMENDATION
1. The government set up an integrated housing data base that includes price and
appraisal information, information on building permits issued and housing
transactions completed for different types of houses, consolidated information on
housing finance, etc.
2. The government explore ways to tie requirements for saving for housing over a
period of time to subsidized loans to establish lender confidence and increase
owner equity particularly for borrowers who have low incomes
3. The enforcement of the permit system, measures to release public land for
residential development in suitable locations, improvements in the process and
reduction of upfront and hidden costs to gain development and building
approvals
4. Finance Companies can play a role in medium term mortgage lending with the
availability of liquidity funding from SMF, which could increase competition in
the mortgage sector and will help the low incomes get settlement.
5. The enforcement of PERUMNAS role for example by creating Subsidized
Housing Credit Program.
Jogjakarta, 22 September 2007 – 10 Ramadhan 1428
Group A of Land Development Class
Master of Geomatics Engineering
Gadjah Mada University Jogjakarta
INDONESIA
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REFERENCES
Cadman, David and Topping, Rosalyn, 1995, Property Development, E & FN Spon, London.
Stephen H.K. Yeh and A.A. Laquian, 1979, Housing Asia’s Millions, International
Development Research Centre, Ottawa.
Omar, Ismail, Property Development, Department Of Land Administration, Universiti
Teknologi Malaysia.
Sastra M, Suparno dan Marlina, Endi, 2006, Perencanaan dan Pengembangan Perumahan,
Penerbit CV. Andi Offset, Yogyakarta.
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