Do you need a local KTP to purchase a land in Bali?

Gulali

Hello great people!Salam kenal! I need your advice! I have questions about buying a land in Bali. I am an Indonesian married with a foreigner but I've been living abroad for over a couple of decades so I am not familiar with buying property in Bali. We feel it is time we purchase a land to build villa in Kintamani area. Now our question is, is it true that I have to have a local KTP? I am using my Mom's Jakarta KTP for buying a land in Bangli regency. I get confused when different people gave me different information. One notary told me I must have bangli ktp and the other one said that's not true. If we chose to use a surat domisili or a temporary ktp what will happen in 10 years if they find out my Mom's KTP is still Jakarta's KTP? And Mom doesn't live in Bali? Will that be a problem? Thoughts?Thank you so much!

Mark

Hello Gulali and welcome. An Indonesian citizen does not require a locally addressed KTP to purchase land in Bali. However, if they ever wish to change their KTP address to Bali, many banjars require ownership or long term lease of land in the banjar before they will sign off on the paperwork. Btw, a surat domisili is not enough to purchase land (a KTP is required), and there is no such thing as a 'temporary' KTP. Anyway, the bottom line is that your Mom can own land in Bali using her Jakarta-address KTP, so there's nothing to worry about.

Gulali

Thank you Mark for your warm welcome and thoughtful answer!I kind of think that way too Mark! This makes me suspicious with the zoning of the land then. It is an absentee land and it's still in pertanian aspect (peruntukan) and there's no villas or hotels around it yet, which we like. But I wonder if my agent who I sent to do due diligence is lying to me or doesn't know what he needs to do to check the ITR of the land. He told me he checked to the BPN, PUPR, and dinas Agraria for getting the land "rezone" or repurpose to residential or villas and according to him they all said we can do it just as long as we have a Bangli KTP. One local notary checked the aspect if it can be changed to a different zoning and said that particular land can not be repurposed to a residential or villa because of it's location and because it is an absentee land. The other notary told me that if that is the case even if the SHM paper said it has been repurposed to residential or villa, the ITR will still show as pertanian zoning because the ITR had been place through a RDTR by the government and they made decision of zoning with ketuk palu once every 5 years so in this case the Dinas Cipta Karya will not give me the IMB because it's not in the right zoning according to the ITR.Hmm.. After typing all this out loud, I think I am gonna find a different property. This one sounds like a headache to me.Although my agent told me the adat, banjar and kecamatan leaders all have been giving their permissions for us to build our villa with one condition, we have to change our KTP to local Bangli KTP prior to buy the property there. I think it might be because it's not in the right zoning after all. Because to own an absentee land with pertanian peruntukan you do have to be a local resident so you do need to own a Bangli KTP.Our deal with the seller is for them to change the zoning first before we can do our transaction. But I am afraid they are going to change the zone as far as the SHM only and yet the ITR is still pertanian because only the government can change that. So at the end of the day, I am not allowed to build a structure on that land because the peruntukan is still pertanian as far as the ITR records.I am just concern that this is not legal and as one of the notaries said, I won't get my IMB because the IMB is from Dinas Cipta Karya and they are following the ITR from the RDTR before giving the IMB for people so people can only build structures on the correct zoning, which we agree. Thank you so much for giving me a clarity, Mark!If anyone else have input, please send them my way.Terimakasih!

Mark

I don't have experience in Bangli, but in Gianyar it is not too much trouble to change the land use from pertanian to perumahan. We had our seller do so before we closed on a land purchase. The only complication could be if the land is in a 'green zone' (not sure if there are any in Bangli), or very near to a temple or other object of cultural or religious importance. Other local considerations may apply (?), but you could specify in your deal with the seller that they change land use and provide you with the updated land use permission ( izin perubahan penggunaan tanah) from the Bangli BPN office as a condition to close the transaction. If BPN has authorized the change in zoning, then it won't be an issue for IMB. In any case, my suggestion is that you go to the BPN office in Bangli yourself to learn the conditions for change of land use and also to find out if the specific parcel you are interested in has any particular restrictions on change of use. In my experience, bad information from agents, notaries and other random persons is all too common in Bali, and with something as important as a land purchase, it's best to get the info direct from the responsible authority.Regarding your agent's info on changing KTP address, I've never heard of that as a condition to anything related to land in Indonesia. Maybe what the banjar wants is for you to change KTP address [U]after[/U] buying? Especially outside of Denpasar, few banjars allow a non-resident to change their non-Bali KTP to the local banjar before they own land or have a long term lease. As part of the KTP address change process, the banjar has to provide a surat domisili and sign off on the KTP address change application, and I've never heard of one doing that for someone who neither lives in the banjar nor owns property there. Again, if you have any question about the matter, I'd advise you to meet with the kepala banjar, which is never a bad idea if you are planning to buy a property in rural Bali.Good luck!

JackStraw

I can also confirm changing land from pertanian to perumahan was a very quick and simple matter for me buying land in Gianyar. Our seller paid for it and the process went very smoothly. Very strange to hear about your land in Bangli...but I think you will come across many of the same problems. In my experiences, pretty much every regency outside of Badung regency is filled with tanah kebun and it's not the correct zoning for building a residence but like I said, that should be a very easy fix with an experienced notaris.

Gulali

Hi Mark and Tony!Tony, I finally able to send a msg to your recommended notary but he has not replied yet. I think it might be because of the holiday. I will wait.Yeah, this type of absentee land is tanah kebun that was originally given by the government for the local farmers to set them up for their souce of income so they can be independent. They got their shm etc after a period of time i think. So it sets up as pertanian because that is the government intention when they gave away these lands. If they left the area the government will take offer the land again. Sadly some farmers ended up selling their land to other people. (Like me). But as long as the buyer is from the same area they can do that. Now that is my dilema because I don't have a Bangli KTP.As much as I wanna go to Bali now, I can't. I am still in the U.S. until not sure when.However, i have local people who help me with checking out things for me. I talked to the Bangli BPN people over the phone and they told me they might be able to change the peruntukan.My agent told me he will get the ITR next week. So we shall see.In the mean time I found a couple more properties in different areas that I am interested and they have more villas and hotels nearby. So I am just gonna take my time before deciding anything and see what happens.Thank you all!

JackStraw

sakumabali

I have to admit I didn't read all answers thouroughly. But first thing came to my mind was "married to a foreigner". if you don't have a pre nup you lost your right to own hak milik titles. Because virtually your foreign husband would own half which is prohibited by Indonesian lawMany women claim they lost their KTP / passport and make a new one BUT the risks of getting caught one day looms large (especially the day when all the countries in the world exchange datas)Some people do a "post nup" with a wrong date

chrisco

Since post nups have long been allowed not sure why you need a wrong date?

sakumabali

Since post nups have long been allowed not sure why you need a wrong date?[/QUOTE]10 years ago it wasn't the case :)

doug fretty

Hello Gulali,, are you guys set that Kintamani is where you want to be? call me in USA 310 999 9401

Gulali

Hello everyone, thank you for the input.Tony, yes, this land is more complicated than most other land or so it seems. I finally got a copy of the ITR, and it looks like it is in the pertanian zone, and it will take new government officers to do ketok palu to be able to change the zone in about 10 years from now, and that is still a maybe. So, I think I might have to look somewhere else or to build anything that does not require an IMB, such as bamboo or wooden houses are permissible just as long as I have a Bangli KTP, sadly my Mother KTP is from Jakarta. Your PPAT guy seems to have enough clients, it is ok. I found a great notary that is available to help me.Sakumabali, we are using my Mom's KTP. So, no worries there. Doug, thanks for your input over the phone. Glad there are still many options out there to choose from. I see a lot of ways that we can still end up having a property somewhere up in the Bali mountain whether it is a piece of land, a house on a cliff, or a bale bengong with a view... and it does not have to be in Kintamani. :)

tedbryan45

Hello everyone, thank you for the input.Tony, yes, this land is more complicated than most other land or so it seems. I finally got a copy of the ITR, and it looks like it is in the pertanian zone, and it will take new government officers to do ketok palu to be able to change the zone in about 10 years from now, and that is still a maybe. So, I think I might have to look somewhere else or to build anything that does not require an IMB[URL='https://bamboo-en.com/green-bamboo-plant-green-bamboo-chair-ideas-2021/'],[/URL] such as [B]green bamboo[/B] or [I][COLOR=rgb(226, 80, 65)]bamboo houses[/COLOR][/I] are permissible just as long as I have a Bangli KTP, sadly my Mother KTP is from Jakarta.Your PPAT guy seems to have enough clients, it is ok. I found a great notary that is available to help me.Sakumabali, we are using [B]green bamboo[/B] my Mom's KTP. So, no worries there.Doug, thanks for your input over the phone. Glad there are still many options out there to choose from. I see a lot of ways that we can still end up having a property somewhere up in the Bali mountain whether it is a piece of land, a house on a cliff, or a bale bengong with a view... and it does not have to be in Kintamani. :)[/QUOTE]Thank you for this information...