Bali property ownership by foreigners or globally in Indonesia
As we start our project Cliff-Front.com from the Island of Bali in Indonesia; so we will here talk about the Property titles in Indonesia. We will explain you here how to organize a Bali property ownership by foreigners.
Property titles in Indonesia and Bali
If a foreigner or an Indonesian buys land in Indonesia, first of all he will have to choose one of the following deeds: Freehold, Leasehold, HGB, Hak Pake. According to the case the land can be sold, leased and used as mortgage warranty. And they are the only titles on which a right of ownership or lease may exist. More importantly, you will not be able to get a building permit on land without any of the property titles mentioned above.
Freehold (Full ownership without time limit)
The real title is officially called Hak Milik or more commonly Freehold. It is a certificate of full ownership of the land and buildings that are based on that same land. The certificate may be used as evidence confirming the right of ownership to the government authorities. It is issued by the government which uses a GPS to accurately trace the boundaries of the said land. This tittle is only available for Indonesian citizen.
Leasehold (Leasehold or Long-term lease)
The Leasehold or Hak Sewa or long term lease is a notarial deed attesting that the parcel of land in question has been properly leased for a limited period to a local or foreign person or a company. The use of this land must follow the rules and conditions stipulated in this contract established by a local notary. In the event of sale or succession, this contract remains a priority unless the parties organize a new agreement.
HGB (Right to construct)
The right to build or Hak Guna Bangunan or HGB may be granted for a maximum period of 30 years and may be extended for an additional 20 years. Multiple renewals and extensions of HGB titles are allowed. Once the initial extension period expires, the HGB title can be renewed for up to 30 years and extended to 20 years. If the HGB title is not extended or renewed and expires, it will cease to exist and the holder of the previous HGB title will lose its ownership rights for this property.
Hak Pakai (Right of Use)
A right of use or Hak Pake or HP allows the holder to use a land (subject to the conditions of authorization and right of buildings permits) and / or to collect the results of the production of such land. An HP title may be granted on a state land, a Hak Pengelolaan or HPL title, or a full title (Hak Milik or HM). An HP title on state land and an HP title on the HPL title may be granted for a maximum term of 25 years and extended to 20 years and may be renewed for an additional 25 years. Since 2016 an HP title on an HM title can be granted for a maximum duration of 30 years, with a first extension of 20 years and a last extension of 30 years.
Laws and Bali property ownership by foreigners
In Indonesia, the law stipulates that a foreigner can NOT own a land in his own name. He can only have the right of ownership on the buildings. If a foreigner wishes to acquire a land in order to build a property, we recommend these 2 possibilities:
- The land can be leased for a limited period like a 25-year lease contract, with an option to renew the lease for an additional 25 years. The possession of the land is thus governed by a deed of ‘Long-term lease’ which is perfectly legal and secured by the Indonesian law. At the end of the lease, the foreigner can’t seize the buildings anchored on the ground however a bungalow of wood of any form and size can legally be removed from the land at the end of the lease.
- A foreigner can create and use a Company under the Indonesian law in order to obtain full ownership of a land for a limited period of 80 years (30 + 20 + 30). In this case the land will be the property of company and not of the individual person and the land can be sold before the end of the lease to an Indonesian citizen who will take back the full ownership of the land.