Developer Disputes ‘Flood Free’ Claim After KDM Screening

by Mark Thompson

Jakarta – Housing developers in West Java are pushing back against claims of “flood-free” properties after recent downpours inundated several new developments. The debate highlights a familiar tension: who’s responsible when nature clashes with construction, and what does “flood-free” really mean?

The question of flood protection and developer responsibility is becoming increasingly important as climate change brings more extreme weather events.

  • Developers typically obtain local government approval, including flood protection recommendations, before building.
  • If a new home floods within 90 days of purchase, the developer is usually responsible for repairs.
  • Regulations surrounding vertical housing construction are seen as a barrier to building in flood-prone areas.
  • High rainfall volume is a significant factor in recent flooding events in West Java.
  • Developers may offer compensation, such as temporary housing, if flooding occurs after the 90-day period.

Junaidi Abdilah, Chairman of the Indonesian Housing and Settlement Developers Association (Apersi), explained that flooding isn’t always a sign of negligence. “The flood control is also the responsibility of local agencies,” he said Monday (26/1/2026). “It doesn’t rule out the developer’s fault, but in West Java the rainfall is quite high, which also causes the flooding to be too high. One more thing, the government must also pay attention to the drainage channels.”

Developer Compensation for Flooded Homes

So, what happens when a newly purchased home isn’t so dry after all? According to Abdilah, developers often provide compensation. “If the purchase of the house is less than three months or 90 days old, the damage will be borne by the developer,” he stated. “If the house is physically there, the developer is responsible for 90 working days.”

However, that responsibility shifts. “Sometimes after a few days have passed it is still the developer’s responsibility, but if it has been handed over to the regional government, that means it already (belongs to) the general public,” Abdilah clarified. Beyond the initial 90-day window, developers might offer temporary accommodation or a living allowance.

What happens when a homeowner buys a property and the developer’s responsibility ends? Abdilah drew an analogy: “So the developer doesn’t always have to be responsible. It’s called buying and selling a house, it’s like selling our own house. By selling it, it means that it’s impossible for the person responsible to sell it forever.”

Vertical Housing Plans Face Regulatory Hurdles

West Java Governor Dedi Mulyadi (KDM) has suggested building more vertical residences in densely populated areas as a flood mitigation strategy. Abdilah agrees that vertical housing is a good idea, but developers face obstacles.

The primary issue? Regulations. Developers are currently required to complete 20 percent of a building before sales can begin, a rule outlined in Law Number 20 of 2011 concerning Flats. Non-compliance can result in criminal penalties or fines. The Ministry of Housing and Settlement Areas (PKP) is reportedly working on revised regulations to streamline the process and encourage more flat construction.

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