Essential Legal Tips for Real Estate Developers in Bali

Bali, known for its stunning landscapes, thriving tourism industry, and vibrant culture, has become one of the most sought-after locations for real estate development in Southeast Asia. Whether you are a local developer or a foreign investor looking to capitalize on Bali’s booming real estate market, it is crucial to navigate the legal landscape with caution.

Real estate development in Bali comes with its own unique set of regulations, legal challenges, and opportunities. In this article, we share essential legal tips to help real estate developers in Bali ensure they stay compliant with local laws and regulations while successfully managing their projects.

1.Understand the Land Ownership Laws

One of the most significant challenges for foreign developers in Bali is understanding Indonesia’s land ownership laws. While Indonesian law prohibits foreign nationals from directly owning land, there are several legal avenues available for foreign developers to invest in property.

 Leasehold Agreements (Hak Sewa): Foreigners can acquire long-term leasehold agreements, typically ranging from 25 to 99 years, on land or property in Bali.
 Right to Build (Hak Guna Bangunan – HGB): Foreigners can acquire HGB rights, which allow them to build on land for a specific period (usually 30 years, renewable), as long as the land is owned by an Indonesian entity or individual.
 Foreign Investment (PT PMA): If you plan to set up a business, a PT PMA (Penanaman Modal Asing) is the most common structure for foreign-owned companies in Indonesia. This allows you to lease land and build property for commercial use.

It is vital to engage a local legal expert to guide you through the legal processes of land acquisition to ensure you adhere to the regulations governing land ownership.

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2.Secure the Proper Permits and Licenses

Real estate developers must obtain various permits and licenses before and during the development process. These are necessary to ensure the development is legal, safe, and compliant with local zoning laws. Key permits and licenses include:

 Building Permit (IMB – Izin Mendirikan Bangunan): You must obtain an IMB before starting construction on any property. This permit ensures that your project complies with local building regulations, zoning laws, and safety standards.
 Environmental Impact Assessment (AMDAL): Depending on the size and scope of the development, an AMDAL may be required. This is an evaluation to determine the potential environmental impact of your development, including waste management, water use, and sustainability.
 Zoning and Land Use Permits: Before developing a property, you must confirm that the land is zoned for your intended use. Bali has specific zoning regulations that distinguish residential, commercial, and tourism zones.

Working with a local law firm like Selaras Law Firm can help you navigate the regulatory requirements and expedite the approval process.

3.Comply with Taxation Requirements

Tax compliance is a critical aspect of real estate development in Bali. Developers must understand the tax obligations involved in buying, selling, and renting properties.

 Property Tax (Pajak Bumi dan Bangunan – PBB): Property tax is imposed annually based on the value of the land and buildings. The tax is due for all property owners in Bali.
 Value Added Tax (PPN): When selling property, developers must charge PPN (currently at 10%) on the sale price. This tax applies to the sale of new buildings or residential properties.
 Income Tax (PPh): Developers must pay PPh on their profits, which includes gains from selling property or renting out buildings. The rate is generally 22% for companies, and personal income tax rates vary.

It’s essential to maintain good financial records and work with an accountant or tax advisor to ensure that your business meets all its tax obligations.

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4.Understand Local Labor and Employment Laws

If you are employing workers for your real estate development project, you must comply with Indonesia’s labor laws. This includes providing appropriate contracts, salaries, and benefits for your employees.

 Employment Contracts: In Bali, all employees should have written contracts specifying terms such as salary, working hours, and job responsibilities.
 Minimum Wage: Bali, like other regions in Indonesia, has a minimum wage that must be adhered to. Ensure that your workers are compensated according to the applicable wage standards.
 Social Security: Employers are required to register employees with BPJS Ketenagakerjaan (employment security) and BPJS Kesehatan (healthcare).

Following proper labor laws not only ensures compliance but also helps build a positive relationship with your workforce.

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5.Protect Your Investment with Contracts and Agreements

As a real estate developer, it is important to safeguard your interests through legally binding contracts with contractors, suppliers, and other partners. Key agreements include:

 Construction Contracts: A clear and detailed construction contract helps ensure that both parties understand their obligations, timelines, and payment schedules. It’s also essential to outline the penalties for delays or substandard work.
 Sales and Purchase Agreements: When selling property, it’s crucial to have a Sales and Purchase Agreement (SPA) that outlines all terms and conditions of the transaction, including payment terms, timelines, and dispute resolution mechanisms.
 Joint Venture Agreements: If you are partnering with another entity or individual, ensure that a joint venture agreement is in place to define each party’s contributions, roles, and profit-sharing arrangements.

A comprehensive contract reduces the risk of disputes and ensures that all parties are on the same page regarding their responsibilities.

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6.Stay Informed About Bali’s Local Regulations

Bali is a unique region with a rich cultural heritage and complex local regulations that impact real estate development. Local regulations often vary from district to district, so it’s important to stay updated on the rules that govern your specific development area.

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For example, Bali has regulations related to tourism development, such as the restrictions on building height in certain areas, and additional rules on environmental preservation.

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Working closely with a local law firm ensures that you are always informed about any changes to local laws or regulations that may affect your project.

Conclusion

Real estate development in Bali offers tremendous potential, but it is essential to navigate the legal complexities to ensure that your project is successful and compliant with the law. By understanding land ownership laws, obtaining the proper permits, managing taxes, complying with labor laws, and protecting your investment with proper contracts, you can set yourself up for long-term success.

Selaras Group is here to provide expert legal assistance throughout the development process. We offer guidance on licensing, contracts, tax compliance, and dispute resolution, helping you make informed decisions and avoid potential legal pitfalls.

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