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Check permitted use before signing an office lease in Kedurus

In Kedurus, a kelurahan in Surabaya’s Karang Pilang district, commercial property and office leasing issues often turn on the exact premises and its permitted use. A lawyer can review a lease, serviced-office agreement or fit-out contract and check whether the proposed business activity matches the property’s zoning and building approvals.

Before committing to rent, verify the landlord’s authority to lease, the premises’ building function, and who is responsible for repairs, utilities, service charges and alterations. A contract cannot make an otherwise unauthorised use lawful, and an office lease does not transfer ownership of the land or building.

When a lawyer can help with an office premises

  • You are leasing a shop-house, office unit or other premises in Kedurus, and need to check the owner’s authority, deposit terms, rent increases or renewal rights.
  • Your business plans to use a property for an activity that may not match its approved building function or the applicable spatial plan.
  • You need to fit out the premises, install signage or change its layout, but the lease and building approvals do not clearly allocate responsibility.
  • Your landlord or tenant disputes repair costs, service charges, access, utilities, early termination or return of the security deposit.
  • You are considering a serviced office or shared workspace and need to understand what the fee includes, who controls access, and how either party can end the agreement.
  • A property transaction involves an office unit in a larger building, and you need to review title documents, building rules and shared-facility obligations.

Rules that can affect office premises in Kedurus

The Indonesian Civil Code (Kitab Undang-Undang Hukum Perdata), including Article 1548 onward on lease agreements, is relevant to the parties’ contractual rights and duties. The written agreement should clearly identify the premises, rent, term, permitted use, maintenance responsibilities and termination procedure.

Law No. 28 of 2002 on Buildings, as amended by Law No. 6 of 2023 on Job Creation, concerns building requirements and functions. Law No. 6 of 2023 was enacted on 31 March 2023; whether a particular office use or alteration is permitted still depends on the property and applicable local requirements.

Government Regulation No. 16 of 2021 implements the Buildings Law and provides for building approvals and certificates of proper function, including PBG and SLF. For a Kedurus address, check the applicable Surabaya spatial-planning information and the building’s approvals rather than relying only on the lease description.

Frequently asked questions about office leasing in Kedurus

Do I need a lawyer to lease an office in Kedurus?

There is no general rule requiring a lawyer for every lease. Legal review is especially useful where the term is long, the deposit is substantial, the building needs alterations, or the permitted business use is uncertain.

Can I use any rented property as an office?

No. The intended activity must be compatible with the applicable spatial plan, building function and relevant business licensing requirements. Check the specific address and activity before signing or moving in.

What documents should I request from the landlord?

Ask for evidence of the landlord’s identity and authority to lease, along with relevant title or ownership information. Depending on the premises, also request available PBG and SLF information, building rules, and details of service charges and utilities.

Does an office lease have to be notarised?

Not every commercial lease must be made as a notarial deed. The parties can use a written private agreement, but a notary may help formalise signatures or prepare a deed when the transaction or parties require it.

How much does an office-leasing lawyer cost?

There is no single standard fee for private legal advice on a lease. Fees depend on the work involved, such as reviewing a draft, negotiating terms or handling a dispute, and should be agreed in writing before work begins.

How long does a lease review usually take?

The timing depends on the length of the agreement, the documents provided and whether the lawyer must verify property or permit information. Ask for an estimate after providing the draft lease and supporting documents.

Can a tenant change the office layout or install signage?

That depends on the lease, the landlord’s consent and any applicable building requirements. Get written approval before starting work, and check whether the work requires a building approval or affects the building’s approved function.

Can I end the lease early if the premises cannot be used for my business?

The answer depends on the agreement, the reason the premises cannot be used and the applicable law. A lawyer can review any termination, refund and notice clauses before you make a decision or stop paying rent.

What can I do if the landlord keeps my deposit?

Check the lease for the conditions and deadline for returning the deposit, then request an itemised explanation in writing. If discussion does not resolve the issue, a lawyer can advise on a demand letter, mediation or court proceedings.

Should I choose a lawyer or a notary?

A lawyer can advise you on risk, negotiate terms and represent you in a dispute. A notary performs formal legal functions, including preparing certain deeds; the appropriate choice depends on the work required, and one professional’s role should not be assumed to cover the other’s.

Where can a lease dispute be taken?

First check the agreement for notice, negotiation, mediation or arbitration requirements. If the dispute remains unresolved, the proper forum depends on the contract and claim; obtain legal advice before filing a case.

Official resources for property and licensing checks

  • Surabaya City Investment and One-Stop Integrated Services Office (DPMPTSP Kota Surabaya): Provides information on local investment and business-licensing services.
  • Surabaya City Government’s housing, settlement and land agency (DPRKPP): Handles city functions relating to housing, settlements and land; ask which unit deals with building information for the property concerned.
  • Online Single Submission (OSS) Risk-Based Approach system: The official government system for business licensing. It can help businesses check licensing requirements for their activities.

Steps to find and hire an office-leasing lawyer

  1. Define the work, within one day: Decide whether you need a lease review, negotiation, permit check, fit-out advice or dispute assistance.
  2. Gather documents, within one to three days: Collect the draft agreement, property details, landlord documents, building information and any written messages about the issue.
  3. Shortlist local advocates, within several days: Look for lawyers who handle Indonesian commercial property, leases or business premises and can work with Surabaya documents and procedures.
  4. Compare initial consultations, within one week: Ask each candidate how they would approach the issue, what further checks are needed and who will handle the work.
  5. Agree scope and fees before work starts: Get a written engagement stating the tasks, fee basis, expenses, communication arrangements and any work excluded.
  6. Review and verify before committing: Have the lawyer check the final agreement and available property and permit information before signing, paying a deposit or beginning alterations.

Lawzana helps you find the best lawyers and law firms in Kedurus through our directory of legal professionals. Our platform offers rankings and detailed profiles of attorneys and law firms, allowing you to compare based on practice areas, including Office Solutions, experience, and client feedback.

Each profile includes a description of the firm's areas of practice, client reviews, team members and partners, year of establishment, spoken languages, office locations, contact information, social media presence, and any published articles or resources. Most firms on our platform speak English and are experienced in both local and international legal matters.

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Disclaimer:

The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation.

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