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Thread: Letting out property (rentals etc)

  1. #1
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    Default Letting out property (rentals etc)

    As a newbie to the forum, what's the licensing, certification procedures (to keep things legal) for the following:-

    Assume a property with 2-3 bungalows on it )mix 1-2 bedrooms each), assume that at some stage in the year all are available for day, week, month or annual letting.

    What licenses are required (to avoid being dobbed in):
    I've seen various definitions: Hotel, homestay etc -
    - at what point does a homestay become a hotel?

    Alternate scenario: a single 2 bedroom bungalow - rented out (day, week, month or annual let) - does that need a specific license? Strictly speaking of course

    Also are there any official 'guidelines' or requirements for rentable property - I know in thie UK (please don't laugh!) property to-let must comply with a bunch of regulations like: extractor fans in toilets, fire-safe furniture, special landlord insurance... (etc)
    Any local equivalent?

    I know that what goes under the table stays under the table - it is useful to know the height of the table to begin with

    Thanks
    Last edited by SHoggard; 13-12-2011 at 06:55 PM.

  2. #2
    Addicted gilbert de jong's Avatar
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    a homestay doesn't have a restaurant..
    also a homestay, well the license to operate needs to be in a name of an indonesian and to get that license the property needs to have been build with an IMB.

    business-wise, if you want it to be in your own name, that would mean setting up an PMA, and therefor you could only apply for a hotel-license.
    this PMA can also sponsor your KITAS, so you would be able to legally work for the hotel.

    for the guesthouse, a CV or PT needs to be set-up (indonesian nominee) but this CV or PT can also sponsor your KITAS to work for the guesthouse.


    I am sure there sort of guidelines, to what does a property need to have in facility's to be called a resort or 3/4/5 star hotel..and some guesthouses use something called 'melati' rating
    1 melati or 2 or 3...think sort of comparable with the star system, but as to what the requirements are... I have no idea...
    maybe (probably is/are) another member can help you out here..
    friendly greetings, gilbert.
    don't read between the lines..i think the words are clear enough...:)

  3. #3
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    Hello,

    i m not an expert but i will try to answer with the little knowledge i have learnt lately from a respectable person.
    Assuming you are the owner:

    To be able to rent out this property you need to have a Guest house Licence. This licence will be valid for properties not exceeding 6-8 rooms. The problem is that foreigners "Bule" can't have this licence and it's strictly given to Indonesians. For Indonesians to obtain this licence, the property should have a building permit "IMB".

    Assuming you are not the owner:

    The owner should have the guest house licence to be able to lease it to you, but the Guest house licence can't be on your name and neither the lease contract, so you need a nominee (Indonesian) to use his name for 1) the lease contract, 2) for the guest house licence.

    At what point does a homestay become a hotel?

    This is up to you, of course starting from a certain number of rooms and not exceeding 25 rooms. 25+ rooms becomes star hotel.

    Hope it helps a little bit and if you need more info please ask.

    Good luck.

  4. #4
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    Default TLAs

    Thanks a million, guys - good clarification form both of you
    Quote Originally Posted by gilbert de jong View Post
    a homestay doesn't have a restaurant..
    business-wise, if you want it to be in your own name, that would mean setting up an PMA, and therefor you could only apply for a hotel-license.
    this PMA can also sponsor your KITAS, so you would be able to legally work for the hotel.

    for the guesthouse, a CV or PT needs to be set-up (indonesian nominee) but this CV or PT can also sponsor your KITAS to work for the guesthouse.
    Ok I'm not up to speed with the Indonesian TLA s (three letter acronyms) does PMA mean setting up a PT company - or is a CV or is a PT that!!! (I did say I was a newbie!!!)

    As I understand a PT company has to have a 50% local shareholding - though 3-4 years ago that was 90% (+?)

    I've heard that a PT company is a possible alternative to Haik Malik .... or is that just lining up a whole other set of problems?

    Finally
    BAck to scenario A: several bungalows (no restaurant) on a single HM property with ironclad IMB (see.. I'm using a 2LA - I'm learning! I'll soon be up to three ) each rented out as individual units... how's that classified? From the ads. there seem to be lots of people playing that game
    Last edited by SHoggard; 13-12-2011 at 10:35 PM.

  5. #5
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    Hello,
    Here are some useful links that i highly suggest reading:
    Doing Business in Indonesia - World Bank Group
    Company Establishment and Foreign Direct Investment in Indonesia - Information for expatriate businesses
    i also advice you to use the search option on the forum, there is some amazing content that you don't want to miss.

    With little research on the internet i found this for you:
    Type of companies that you need to look at:

    1) (Commanditaire Vennootschap)-CV Indonesian Company - This Indonesian company formation must be registered in the name of an Indonesian citizen (director). The main difference between a CV and a PT company is that a CV company is not a limited liability company

    2)(Penanaman Modal Asing)]-PMA Indonesian Foreign Owned Company - This Indonesian company formation can be registered in the name of a non-Indonesian citizen and offers the foreign national direct ownership and director title. The PMA Company is a limited liability company and offers limited liability protection for foreign national director. The PMA Company awards full ownership, full business rights and full asset ownership directly to and in the name of the foreign national director.

    3) (Perseroan Terbatas )-PT Indonesian Company - This Indonesian company formation must be registered in the name of an Indonesian citizen (director). PT companies are limited liability companies.

    Concerning scenario A:
    Let's define several as 12 bungalows for now, if that is the case than you can run them under two separate Guest house licenses. this means you need two nominees, 1 for each guest house licence. And to run them you need a residence permit + working permit as Gilbert mentioned above.
    Last edited by Mickey; 14-12-2011 at 03:55 AM.

  6. #6
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    Default

    Alternate scenario: a single 2 bedroom bungalow - rented out (day, week, month or annual let) - does that need a specific license? Strictly speaking of course

    Also are there any official 'guidelines' or requirements for rentable property - I know in thie UK (please don't laugh!) property to-let must comply with a bunch of regulations like: extractor fans in toilets, fire-safe furniture, special landlord insurance... (etc) Any local equivalent?
    A lawyer/notary is the best person to consult. From my experience/knowledge you need a Pondok Wisata license. I think this license covers you for up to 5 rooms. I have seen budget places and 400 euro per night villas all have the same license. Most businesses hang their certificates in the reception area so you can check this out for yourself.

    Government officials will come to check the property out before granting the office but you don't have to follow any of the kinds of regulations you would in western countries.
    Give a man a fish and he will eat for a day. Teach a man to fish and he will sit in a boat drinking beer all day.

  7. #7
    Regular RhysG's Avatar
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    Default Basic gide line better talk to a notari for full info

    ok im keep this simple basically you need the IMB, PT ( cuz you cant get a kitas on a CV anymore) or PMA you can only hold 99% of share the other 1% must be held buy a loka (pay more tax that why a lot of people dont do it ) and also you will need PONDOK WISTA (rental Permit) for more info it's better if you ask a notarist best notarist on the island that deal with a lot of expat is ibu ulce here the number for her office (0361) 767561. Also if you are going to rent out your place and want to work with an agent please PM me or email me at lokalliving@gmail.com
    hope this info helps you and good luck.
    Last edited by RhysG; 14-12-2011 at 08:22 AM. Reason: left some info out
    dont' think about the past, don't focus on the future because your are missing the persent. http://www.lokalliving.com

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    RhysG - a bit off topic but have you ever actually used Ibu Ulce? I had a friend looking to buy some land and I was helping him with gathering all of the information. The land was in Flores and not just any notary is able to operate in Flores they need special permission (Flores does not really have much for its own notaries yet). After an initial talk with Ibu Ulce (the one on the bypass near simpang siur, I'm assuming we are talking about the same Ibu Ulce) about the different ins and outs of dealing with land deals in Flores I told her I was going to relay the information to my friend and get back to her. For the next week or so I called everyday and went to the office everyday but she was always in a meeting. She never returned any of my calls or e-mails either. Is she really that hard to get a hold of or is it possible the transaction just wan't something she was interested in? Been trying to find someone else who has experience with her.

    Ended up finding another notary willing to do it for 20% of Ibu Ulce's cost but it really rubbed me the wrong way how it felt like she was refusing to contact me back. This was a couple months ago and still haven't heard anything from her.

  9. #9
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    hey yeah she is a bit hard to get off because a lot of expats do use her but you can trust the work done by them is alway 100%. my boss started up the company lokal living through her. if he did through anyone els it would have take twice as long and twice as much money. If you getting 20% less you maybe paying it somewhere els, that the thing about cheaper notrist.
    dont' think about the past, don't focus on the future because your are missing the persent. http://www.lokalliving.com

  10. #10
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    Not 20% less but 20% of Ulce's cost so 80% less. Although I do think Ulce's service included her lawyer services in there too whereas the other notaris we went with will just provide the notary service. Ulce might be good, but so is the other one we decided upon. He was reccommended by a close friend who has done many many transactions with him so no need to worry. Other difference is the other notary we found is in Lombok (but Balinese). Being closer to where the land is (Flores) I think made a bit of difference in the pricing as well. Plus the fact that he actually got back to us. It really isn't easy finding a notray authorized to work in Flores.

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