Bali Off Script

Can a foreigner own property in Bali?

Not freehold. But three legal structures exist, and one of them puts a certificate in your own name.

By Kai, Bali property adviser Updated 5 min read

No foreigner can hold Hak Milik, freehold, over land in Indonesia. Article 21 of the 1960 Basic Agrarian Law reserves it for Indonesian citizens, and Article 26(2) voids any transaction that hands freehold to a foreigner directly or indirectly. Not "makes it risky". Voids it, with the land reverting to the state.

That is the whole restriction. Everything else is available to you.

RouteWhat you holdTermNeeds a visa?
Hak Sewa (leasehold)A contract25–30 yrs, extendableNo
Hak PakaiA certificate in your name30+20+30 yrsYes: KITAS/KITAP
HGB via PT PMAA certificate in your company's name30+20+30 yrsCompany holds it

Leasehold is the fastest and cheapest way in. You pay for a fixed number of years of use, no acquisition tax applies, and any visa status will do, including a tourist stamp. What you own is a promise on paper, so the drafting is the asset.

Hak Pakai is the only route that puts your own name on a certificate registered at the land office. You need a valid KITAS or KITAP, the property must meet a minimum value, and you are limited to one residential property. Most foreigners who could use this route never hear about it.

HGB through a PT PMA is the closest thing to ownership available to you, and the only structure that lets you legally run a rental business from the property. It costs more to set up and carries an annual compliance load.

The fourth thing, which is not a route

A nominee arrangement, land in an Indonesian person's name, backed by a loan agreement, a power of attorney and a statement letter. Is still sold openly across Bali. It is void from the moment it is signed. The registered owner is the legal owner and can sell the land, mortgage it, or simply refuse to cooperate, and no Indonesian court will help you, because you were a party to an unlawful arrangement.

Since Bali's Perda 4/2026, signed in February 2026, it also carries criminal exposure.

If someone tells you nominee is "how everyone does it here", they are telling you they are willing to sell you something they know is void.

What decides your route

Buying somewhere to live in and you hold a KITAS, Hak Pakai. Buying to rent out, PT PMA with HGB, because the rental licence attaches to the company. Buying a holiday base, short horizon, want the lowest entry cost. Leasehold, with an extension clause you have paid a lawyer to read.

The four routes, compared

RouteWhat you holdWho qualifiesMain limitation
Hak PakaiA registered right of use, in your own nameForeigners with valid residencyResidence use, minimum property value, term-limited
LeaseholdA contract with the landownerAnyoneOnly as strong as the contract and the counterparty
HGB via PT PMAA registered building right, held by your companyAnyone able to fund and run a PT PMACapital requirement, annual compliance, closed classifications
NomineeNothing enforceableNobody. It is prohibitedYou are not the owner and cannot become one

Three of those are real. The fourth is sold constantly and is the reason most of the loss stories from this island exist.

Why freehold is closed to foreigners

Hak Milik, Indonesian freehold, is reserved to Indonesian citizens under the Basic Agrarian Law. This is not an administrative preference that a good lawyer works around, and it is not new. It is a constitutional position on land that has been consistent for decades.

Every structure marketed as a way for a foreigner to hold freehold is either one of the lawful alternatives above, described inaccurately, or a nominee arrangement, described optimistically.

What Perda Bali 4/2026 changed

Bali's regional regulation went beyond prohibiting nominee arrangements. It made facilitating one an offence in itself, which reaches the agents, consultants and advisers who arrange them. Regional authorities can issue warnings, suspend operations and close premises directly.

The practical effect is that the people who used to recommend nominee structures casually now have their own exposure. That is worth knowing when you assess advice you are given.

Choosing between the lawful routes

If you hold residency and want a home, Hak Pakai is the cleanest answer: a registered right, in your name, at the land office.

If you want a rental business, the question is not primarily ownership but licensing, and the KBLI closures of July 2026 changed what is available. Solve the licence first, then decide what holds the land.

If you want neither, a well-drafted long leasehold is a legitimate instrument used by serious buyers. The drafting is the entire product.

Common questions

Can foreigners own property in Bali?

Not freehold. Hak Milik, the freehold title, is reserved for Indonesian citizens. Foreigners hold property through Hak Pakai, a leasehold, or HGB held by a foreign-owned company.

What is the safest way for a foreigner to own property in Bali?

The safest route is the one that is actually in your name and actually permitted: Hak Pakai for a residence where you qualify, a properly drafted leasehold, or HGB through a PT PMA where the business case supports the company.

Can a foreigner own a house but not the land in Bali?

Building and land rights are separable in Indonesian law, which is part of why leasehold and Hak Pakai structures work. It is also why the paperwork must be specific about which right you hold over what.

Can foreigners inherit property in Indonesia?

Inheritance of a title a foreigner cannot lawfully hold triggers a disposal requirement within a set period. It is one of the most overlooked planning items in Bali purchases.

Kai, Bali property adviser

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Read this next · Ownership Leasehold or freehold in Bali? Foreigners cannot hold freehold at all, so the real comparison is between leasehold, Hak Pakai and a company holding HGB. Here is how the three actually differ.