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March 2, 2024
Real Estate Tips & Insights

Freehold vs Leasehold Property in Bali: Which One is Best?

Navigating the Freehold vs Leasehold Bali property market is a significant decision for many investors and potential homeowners. ​​It involves understanding Bali's unique legal landscape, lifestyle preferences, and long-term objectives. 

This guide offers essential insights into the distinct nuances of Bali's property market, focusing on both freehold and leasehold options. 

Our goal is to simplify these complex choices, providing you with the necessary information to align your investment with your personal goals. 

Whether you're planning to settle in Bali or looking for a profitable investment, understanding the key differences between these property types is crucial for getting to know Bali's dynamic real estate market. 

Let's dive in.

What is a Freehold Property Title

In Bali, a freehold property title, known as 'Hak Milik', is the most complete and unrestricted form of property ownership recognized under Indonesian law. This title grants the owner absolute rights over the property, with no expiration date or time-bound limitations. 

It is the epitome of property ownership, offering the highest level of security and stability in real estate investment.

The concept of freehold in Bali is deeply rooted in the country's legal system, ensuring that the rights of the property owner are protected and preserved indefinitely. 

This means that once you acquire a freehold property, it remains under your name or that of your designated heirs perpetually, unless you decide to transfer the ownership through sale or other legal means.

Owning a freehold property in Bali allows for complete autonomy in terms of usage. Whether it's for personal residence, commercial development, or as an investment asset, the owner has the freedom to utilize the property as they see fit. 

This level of control is a significant factor that attracts investors and individuals seeking a permanent stake in Bali's lucrative real estate market.

The freehold title also provides a sense of permanence and belonging, especially important in a culturally rich and diverse region like Bali. 

It allows property owners to fully integrate into the community, contributing to the local economy and culture, while enjoying the benefits of a secure and long-term property investment.

We also have a comprehensive blog post about the topic of freehold property titles in Bali

Pros and Cons of Buying a Freehold Property In Bali

Pros:

  • Permanent Ownership: The most significant advantage of a freehold property is the permanence of ownership. It offers a sense of security and long-term stability, as the property remains yours indefinitely.
  • Full Autonomy: As a freehold property owner, you have complete control over your property. You can develop, modify, or use the property as you wish, adhering only to local regulations.
  • Legacy and Inheritance: Freehold properties can be passed down to future generations, making them an excellent choice for creating a family legacy in one of the world's most sought-after destinations.
  • High Investment Value: Freehold properties typically appreciate over time, making them a valuable long-term investment. Bali's growing real estate market further enhances this potential.

Cons:

  • Exclusivity to Indonesian Citizens: The biggest drawback is that freehold ownership in Bali is restricted to Indonesian citizens, limiting direct access to foreign investors.
  • Higher Initial Investment: Compared to leasehold properties, freehold properties often come with a higher price tag, requiring a more substantial initial investment.
  • Market Fluctuations: While property values generally appreciate, the real estate market can be unpredictable. External factors like economic shifts and regulatory changes can impact the market.
  • Maintenance and Upkeep: Owning a freehold property means taking on the responsibility of maintaining and managing the property, which can be a significant commitment, especially for non-residents.

What is a Leasehold Property Title

In Bali, a leasehold property title, known as 'Hak Sewa', offers a unique form of property ownership. Under this arrangement, the lessee (or tenant) is granted the right to use and enjoy a property for a predetermined period, which is typically set between 25 to 30 years. 

This type of title is especially appealing to foreigners, as it provides a more accessible route to owning property in Bali compared to the more restrictive freehold title.

Leasehold titles are a product of Bali's distinctive property market, tailored to meet the needs of international investors and residents who may not qualify for freehold ownership. 

The lease agreement is a legally binding contract between the lessee and the lessor (property owner), outlining the terms and conditions of the lease, including its duration, renewal options, and the rights and responsibilities of each party.

This form of property title is particularly prevalent in areas of Bali that are popular with expatriates and tourists. It allows for a significant degree of flexibility and is often used for residential properties, holiday homes, and commercial ventures. 

Leasehold properties can be an attractive option for those looking to enjoy the benefits of property ownership in Bali without the long-term commitment or legal restrictions associated with freehold properties. 

Read our blog to get a full understanding of what a leasehold property title in Bali means.

Pros and Cons of Buying a Leasehold Property In Bali

Pros:

  • Foreigner-Friendly: Leasehold properties offer a straightforward and legally compliant way for foreigners to own property in Bali, circumventing the restrictions on freehold ownership.
  • Lower Initial Cost: Compared to freehold properties, leaseholds typically require a lower upfront investment, making them more accessible to a broader range of buyers.
  • Flexibility in Use and Transfer: Leasehold properties provide flexibility in terms of usage, renovations, and the ability to sublease. They can also be sold or transferred to another party within the lease period.
  • Potential for High Returns: In prime locations, leasehold properties can offer high rental yields and appreciation potential, especially if the property is well-maintained and strategically located.

Cons:

  • Limited Duration: The biggest drawback of a leasehold property is its temporary nature. The property must be relinquished back to the owner upon lease expiry unless an extension is negotiated.
  • Depreciating Asset: As the lease term shortens, the value of the property typically decreases, which can impact resale value and investment return.
  • Complexity in Lease Extension: Negotiating a lease extension can be complicated and uncertain. Terms of extension, including costs, are subject to negotiation and are not guaranteed.
  • Legal and Market Risks: Leasehold properties are subject to the stability and changes in the real estate market and legal environment, which can affect lease terms and property value.

Factors To Keep In Mind

Venturing into Bali's property market, whether eyeing freehold or leasehold options, requires a deep dive into several key factors beyond legal and financial aspects. 

Your investment's purpose is paramount – are you seeking a vacation home, a permanent residence, or an investment for rental income? 

This choice will guide the most suitable property title for your needs, with leaseholds often fitting short-term objectives and freeholds suiting long-term commitments or legacy intentions.

Local market dynamics are crucial; understanding property value trends and potential development in various Bali areas can significantly influence both your investment's appreciation and the lifestyle it offers. 

If you're not residing in Bali year-round, consider property management aspects like maintenance, security, and the possibility of hiring a property manager or joining a rental management program.

Be mindful of ongoing ownership costs, including maintenance fees, community charges, and property taxes, which can notably affect your investment. Our Ultimate Guide to Property Taxes in Bali provides detailed insights into this area.

Finally, think about your investment's exit strategy. Whether planning to sell or pass the property to heirs, each title type has specific transfer and sale rules. 

Aligning these with your long-term plans is crucial for a successful property investment in Bali.

Buying a Property in Bali as a Foreigner

Investing in Bali's real estate as a foreigner offers unique opportunities within the Indonesian property landscape. While direct freehold ownership is off-limits, alternatives like leasehold properties and 'Hak Pakai' (Right of Use) provide viable options. 

Leaseholds, typically lasting up to 30 years with extension possibilities, are ideal for short to medium-term investments or holiday homes. Ensuring a legally sound lease agreement is crucial for safeguarding your rights and investments.

'Hak Pakai', available to foreigners with a residential permit, allows property ownership for up to 80 years, offering greater stability akin to freehold ownership. When investing, consider Bali's economic climate, capital appreciation potential, and the health of the rental market, especially in areas popular with tourists and expats.

Partnering with a knowledgeable local real estate agent and legal advisor is essential. They can assist in selecting the right property and navigating the complexities of Indonesian property law. 

Additionally, respecting Bali's unique cultural and environmental landscape is vital. Sustainable and community-friendly investments tend to be more successful and ethically sound.

For detailed insights on legal requirements and investment strategies for foreigners in Bali, our comprehensive guide on Can Foreigners Buy Property in Bali provides valuable information and practical advice.

Best Areas In Bali To Invest In

Bali's real estate market is a kaleidoscope of opportunity, mirroring the island's mesmerizing diversity. 

Each locale is a unique gem, offering its distinct blend of charm, investment allure, and bustling expat communities. 

These sought-after areas are more than just visually stunning and culturally rich; they are dynamic hubs for digital nomads and wellness enthusiasts, boasting an array of facilities like luxurious spas, state-of-the-art gyms, rejuvenating recovery centres, and serene yoga studios. 

Here, we unveil some of the top areas in Bali that promise not just a home, but a lifestyle enriched with beauty, community, and well-being.

  • Canggu: Known for its laid-back vibe mixed with a touch of sophistication, Canggu is a magnet for expats and tourists alike. It's a melting pot of culture, with trendy cafes, health-conscious eateries, and vibrant nightlife. The area also boasts world-class surf spots, making it ideal for those seeking a balance of outdoor adventure and social life. Explore Canggu properties for sale if you're after a blend of modern living and traditional Balinese charm.

  • The Bukit: A peninsula known for its stunning cliffs and some of the world's best surf breaks, The Bukit is rapidly developing, attracting those looking for a quieter alternative to the island's busier areas. With its breathtaking ocean views and luxury villas, it offers a tranquil yet upscale living experience. Discover properties in South Bukit or property in West Bukit for a serene lifestyle with easy access to beautiful beaches and natural scenery.

  • Ubud: The cultural heart of Bali, Ubud is surrounded by lush rainforests and terraced rice paddies. It's a haven for those seeking a peaceful, spiritual, and artistic environment. Ubud is not just about tranquillity; it's also a hub for yoga, healthy eating, and cultural activities, making it perfect for a wellness-oriented lifestyle. You can find your dream property for sale in Ubud to immerse yourself in Bali's cultural and natural beauty.

  • Seminyak: For those looking for a more cosmopolitan experience, Seminyak offers upscale boutiques, fine dining, and luxury accommodations. It's a fashionable area with a more urban feel, ideal for investors looking for high rental demand and a vibrant lifestyle. Check out our Seminyak properties for sale if you're after an investment in Bali's most stylish neighbourhood.

For a more comprehensive list, check out our guide on Where to Buy Real Estate in Bali.

FAQ

What is the difference between leasehold and freehold in Bali?

In Bali, freehold means owning property indefinitely, while leasehold is a temporary right to use a property for a set period.

Is freehold better than leasehold?

It depends on your needs. Freehold offers permanence and full control, while leasehold is more accessible and affordable, especially for foreigners.

Conclusion

Choosing between freehold and leasehold properties in Bali depends on your citizenship status, investment goals, and financial capacity. Both have their unique advantages and limitations. 

Understanding these will guide you to make a decision that aligns with your long-term plans in this tropical paradise. 

For more comprehensive insights into buying property in Bali, don't miss our Ultimate Guide to Buying Property in Bali.

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