Land title for companies

HGB land through a PT PMA in Bali

A foreign investor cannot hold freehold, but a PT PMA can hold HGB, the right to build. The company, the activity and the land all have to line up before the deed is signed.

Two business partners walking a cleared building plot in Bali before registering HGB land in their PT PMA

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A PT PMA (a foreign-owned limited company) can hold land in Bali as Hak Guna Bangunan (HGB, right to build). The initial term is 30 years, extendable by 20 and then 30 years, 80 years in total. Foreign individuals cannot hold Hak Milik, and a company cannot either. HGB is the title a business can hold.

Fees: notary and PPAT fees are capped by regulation and quoted before work starts, plus Rp 10,000 stamp duty per document. See notary fees in Bali.

Why does the activity of the company matter?

The company must have a business activity (KBLI) that is open to foreign investment at the Bali location. Bali has closed many business classifications to foreign companies, so the activity is checked first, before any land is chosen. A company that holds land with the wrong activity is a risk. See company deeds for the setup.

What are the steps?

  1. Confirm the activity. Check the KBLI against the current rules for the Bali location.
  2. Set up the PT PMA. Reserve the name, sign the deed of establishment before a notary, get the NIB through OSS, register for tax. You need at least two shareholders, one director and one commissioner.
  3. Check the land. Verify the certificate at BPN, the seller, encumbrances, zoning and access. See property due diligence.
  4. Sign the sale deed before a PPAT. The deed is drafted in Indonesian with an English version.
  5. Pay the taxes. The buyer pays BPHTB of 5% of the value above the regional threshold. The seller pays 2.5% final income tax.
  6. Register at BPN. This takes 2 to 8 weeks. Land that is currently Hak Milik needs the right route to HGB, which is settled before any deposit.

What do you need to watch after the purchase?

An HGB has dates. Extensions are PPAT deeds, and an expired HGB must be renewed within two years. The company also has yearly duties. Every PT must now file an Annual Report through SABH/AHU after the AGMS, and AHU may block corporate changes until it is filed.

HGB or Hak Pakai?

A foreigner with a KITAS or KITAP can hold Hak Pakai in their own name. A business, or an investor who wants the land inside a company, uses HGB. Both are compared on buying property in Bali, and the certificates are explained in land certificates in English.

Good to know

Questions people ask

Can a PT PMA hold land in Bali?

Yes, as Hak Guna Bangunan (HGB), the right to build. A PT PMA cannot hold Hak Milik. The company's activity must also be open to foreign investment at the Bali location.

How long does an HGB last?

30 years, extendable by 20 and then 30 years, which is 80 years in total. An expired HGB must be renewed within two years.

Can an HGB be converted to freehold?

Only an Indonesian citizen can convert HGB land to SHM. A foreign-owned company cannot.

Who makes the HGB deed?

A PPAT makes the sale deed and the deed that grants or extends an HGB. The company itself is set up by a notary through a deed of establishment.

How long does a PT PMA take to set up?

A straightforward PT PMA can be fully registered in 2 to 4 weeks. Sector licences can add 2 to 6 weeks. Founders do not need to be in Indonesia.

Is it safe to put a company in an Indonesian friend's name?

No. Nominee shareholdings are void under Article 33 of the investment law, and courts have voided these deeds.

Talk to the notary team

Holding land through a company?

Send the plot, the planned activity and who the shareholders are. You get the structure, the order of the steps and the fee.

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