1. Not understanding the real estate laws in Bali
The first of the most common mistakes when buying property in Bali is not understanding the real estate laws. In Bali, it’s essential to know how property ownership works. Freehold and leasehold are the two main types, and each has its own set of ownership rights:
- Freehold (Hak Milik): Freehold gives the buyer complete control and ownership over the property. However, it’s important to understand that only Indonesian nationals can buy freehold real estate, which is done under the Hak Milik land title.
- Leasehold (Hak Sewa): Leasehold is more accessible for foreigners. A leasehold is renting a house for a set amount of time, usually 25 or 30 years. During this time, the person who has the lease can use the land, but the original owner still owns it.
In addition to freehold and leasehold, there are two other essential titles to know:
- Hak Pakai (HP): The Hak Pakai title gives foreigners the right to buy and use a property for their own residence.
- Hak Guna Bangunan (HGB): The Hak Guna Bangunan title gives you the legal right to own property on someone else’s land. It’s usually given to PT PMAs for a set amount of time and can be renewed.
2. Using an Indonesian nominee
One of the most common mistakes when buying property in Bali is using an Indonesian nominee. This way of buying property in Bali comes with legal complexities and risks. Such schemes, where a local individual appears as the ‘owner’ on paper, often lead to legal disputes. These disputes can be particularly challenging for foreigners, who may be legally disadvantaged. Buying property in Bali through legitimate channels is recommended, ensuring compliance with Indonesian law and safeguarding your investment.
Foreigners who want to buy freehold property in Bali can do so through a PT PMA. Establishing a PT PMA in Bali can be done in a few weeks and costs around IDR 25 million ($1,575). Buying property through a PT PMA is ideal for those seeking to generate rental income through property rentals.
3. Purchase of land without checking the land certificate
Securing a proper land certificate is essential in purchasing land in Bali. However, many foreigners don’t check the land certificate, making this one of the most common mistakes when buying property in Bali. The land certificate is a testament to the property’s legality and your rights. Without this document, you may face legal hurdles or be unable to prove ownership. Ensure that all paperwork is thoroughly reviewed and validated when you buy land in Bali, reinforcing your investment’s legitimacy and protecting against future disputes.
4. Not working with a real estate agent in Bali
The role of a real estate agent in Bali is more than just facilitating transactions; they are navigators of the local legal and cultural landscape. An experienced agent can provide invaluable insights into the market, guide you through the complexities of Indonesian property laws, and assist in avoiding common pitfalls and property scams. Their expertise is crucial in making informed decisions and securing a deal that aligns with your interests and legal requirements.
5. Not understanding and checking the land zoning in Bali
Understanding land zoning in Bali is crucial as it dictates permissible activities and developments on a property. Each zone, whether residential, touristic, governmental, or agricultural, has specific regulations. Buying land in Bali without considering these zoning restrictions can lead to significant challenges, including the inability to obtain building permits or use the property as intended. Thoroughly researching and verifying the zoning status of a property is essential to ensure it aligns with your planned usage and to avoid one of the most common mistakes when buying property in Bali.
6. Not understanding the Indonesian tax system
Navigating the Indonesian tax system is a critical aspect of property acquisition in Bali. Buyers must be prepared to pay a 5% Transfer Tax on the land value, a significant financial consideration. Additionally, understanding the annual Land and Building Tax is essential for ongoing ownership. Lack of awareness or non-compliance with property tax regulations in Bali can lead to legal complications and financial penalties, underscoring the need for thorough financial planning and consultation with tax experts.
7. Buying without conducting due diligence
Buying property without conducting due diligence is undoubtedly one of the most common mistakes when buying property in Bali. Conducting due diligence is a critical part of buying property in Bali. This process involves checking the property’s legal status, verifying documents, and assessing potential risks. Skipping this step can lead to unforeseen legal issues, disputes over land ownership, and financial losses. Due diligence provides a comprehensive understanding of the property, ensuring you make a well-informed and secure investment.
How can foreigners buy property in Bali? A 6-step guide!
Foreigners can buy property in Bali but can never obtain absolute property ownership. The highest form of ownership is Hak Milik, which Indonesian citizens can only get. This means foreigners can’t buy freehold property in Bali unless they use a legal entity, such as a PT PMA. Before buying a house in Bali, understand Indonesian real estate laws to avoid legal problems and avoid making one of the most common mistakes when buying property in Bali.
How can foreigners buy property in Bali and avoid common mistakes when buying property in Bali? The six steps below will ensure a smooth and safe property transaction in Bali.
Step 1: Learn about real estate laws in Bali
Before buying a house in Bali, understand Indonesian real estate laws to avoid legal problems. Learn about the different land titles, which are Hak Milik, Hak Pakai, Hak Guna Bangunan, and Hak Sewa, and ensure you understand how foreigners can buy and own property in Bali.
Step 2: Establish a PT PMA
If you use a PT PMA, you must establish this company in Bali. The PT PMA is a legal entity that lets you buy or rent property in the company’s name and gives you complete property ownership rights. Using a PT PMA is a great way to generate rental income in Bali.
Step 3: Find a Bali property and conduct due diligence
Choose a property in Bali that fits your needs, wishes, and budget. It’s essential to work with a trustworthy real estate agent in Bali and do your research and due diligence to avoid becoming a victim of a real estate scam or fraud.
Step 4: Sign the agreement and pay the taxes
To buy land in Indonesia as a foreigner, you must handle the legal paperwork and understand your tax responsibilities. You might want to hire a tax agent or a lawyer to help you through the process, as there are several taxes you must pay.
Step 5: Transfer of ownership
After signing the agreement, you will receive all the land titles, certifications, and licenses you need, such as Hak Guna Bangunan and Hak Pakai. You need these titles and certificates to build on the land or use the property.
Step 6: Obtain residency in Indonesia
You can apply for a temporary residency permit called KITAS to live in Indonesia. This visa in Bali is valid for up to 24 months, and there is also a way to get a permanent residency (KITAP) after living for five years in Bali.
Worried about mistakes when buying property in Bali? Let us guide you!
Buying property in Bali is an exciting opportunity, but it’s easy to make costly mistakes without the right guidance. From navigating legal requirements to understanding ownership structures, our team of experts can help you avoid common pitfalls. We provide personalized advice to ensure a smooth and secure property purchase. Leave your details below, and we’ll reach out to assist you, or email us directly at [email protected] for tailored support.
Frequently Asked Questions (FAQs)
What are common mistakes when buying property in Bali?
The most common mistakes when buying property in Bali include not verifying land certificates, overlooking zoning laws, not checking road access, misunderstanding tax obligations, using risky nominee schemes, not engaging qualified real estate agents, and skipping due diligence.
Which pitfalls to avoid when buying property in Bali?
Essential pitfalls to avoid when buying property in Bali are neglecting legal property ownership checks, ignoring zoning regulations, underestimating the importance of road access, and overlooking tax implications.
Is buying property in Bali dangerous?
Buying property in Bali isn’t dangerous, but it requires careful navigation of legal and regulatory frameworks to mitigate risks and avoid making mistakes when buying property in Bali.
Is buying property in Bali a good investment?
Buying property in Bali can be a good investment, especially if you are interested in tourism. With its alluring beaches and culture, Bali attracts tourists year-round. Investing in Bali property, such as a villa for sale in Bali, can provide you with a steady income through rentals. It’s essential, however, to understand the local property laws and market trends.
How to find a villa for sale in Bali?
To find a villa for sale in Bali, use our property marketplace, where agencies and owners list various properties for sale, catering to different preferences and budgets.
How to avoid losing money when buying property in Bali?
To avoid financial loss when buying property in Bali, conduct thorough due diligence, collaborate with reputable real estate agents, understand and comply with local legal and tax regulations, and ensure clear property titles. The mistakes when buying property in Bali we talked about in this article can cause financial loss.
2 Responses
Im interested in working in Bali as a marketing/real estate/property mgr. I know there are certain working permits. I have heard some ppl who are not Indonesian do some similar work under the table. Have your heard if the Bali authorities crack down on these tax evaders? What are the consequences?
Hi! Yes, there are strict requirements for foreigners working in Bali, including obtaining a proper KITAS (work permit). While some individuals do work under the table, the authorities have been known to crack down on these cases, especially in recent years. The consequences for working without the necessary permits can include fines, deportation, and blacklisting from re-entry into Indonesia. It’s always best to ensure you’re compliant with local laws to avoid any legal issues.