If you’re considering buying property in Bali, one of the first and most important decisions you’ll face is whether to go leasehold or freehold.
While Bali’s charm is undeniable, its property laws are not as straightforward as in other countries. For international investors, understanding how ownership works here is essential for protecting your capital and maximizing long-term returns.
In this guide, we’ll break down the key differences between leasehold and freehold, explore the legal nuances of property ownership for foreigners and help you choose the best path to achieve your investment goals with insights from Orivista, one of Bali’s most trusted property management and investment partners.
Understanding Property Ownership in Bali
Unlike in some countries where foreigners can freely purchase real estate, Bali operates under Indonesian land laws that impose certain restrictions on ownership.
The core principle:
Only Indonesian citizens can hold freehold land titles.
However, foreigners can still invest securely through leasehold agreements or by setting up foreign-owned companies (PT PMA), both recognized under Indonesian law.
Let’s explore what each ownership structure means in practice.
What Is Freehold (Hak Milik)?
Freehold, or Hak Milik, is the strongest and most complete form of land ownership in Indonesia.
Key Features
- Full, permanent ownership that can be inherited.
- The land can be sold, leased or transferred freely.
- Offers maximum control and long-term value appreciation.
Who Can Own Freehold Property?
Only Indonesian citizens are eligible for freehold titles.
Foreign nationals cannot directly purchase or hold such titles in their names.
However, if you set up a foreign-owned PT PMA company, you gain access to greater ownership flexibility under Indonesian law.
Ownership Rights (via PT PMA):
- A PT PMA can own freehold property under the company’s name.
- It can also lease property for up to 30 years, with legal options to extend.
Some investors also attempt to use nominee arrangements, where a local holds the property title on their behalf. While this is a common workaround, it carries significant legal and trust risks and is not recommended without professional legal counsel.
What Is Leasehold (Hak Sewa or Hak Pakai)?
Leasehold ownership allows foreigners to lease land or property for a fixed period — typically 30 years, with options to extend.
You don’t own the land itself, but you have full usage rights during the lease term.
Key Features
- Legal and secure under Indonesian law.
- Lease periods of 30 years, often extendable.
- Can be rented out, sold or transferred based on contract terms.
- Accessible and popular among foreigners.
Leasehold vs Freehold — A Side-by-Side Comparison
| Feature | Freehold (Hak Milik) | Leasehold (Hak Sewa / Hak Pakai) |
| Ownership | Full ownership under Indonesian citizens or a PT PMA company | Time-bound right to use |
| Duration | Permanent | 30 years, extendable |
| Eligibility | Indonesian citizens or PT PMA companies | Open to foreigners |
| Inheritance | Yes, can be passed on | Yes, for remaining lease term |
| Price | Higher entry cost | Lower entry cost |
| Flexibility | Full control | Dependent on contract |
| Resale Value | Appreciates with market | Decreases as term shortens |
| Risk | Political/inheritance disputes | Limited duration, renewal negotiations |
Legal Considerations for Buyers
Before signing any property agreement, ensure that:
- The land has a clean certificate (free from disputes or debts).
- Transactions are executed before a licensed Notary (PPAT).
- You conduct full due diligence — verifying ownership, boundaries and zoning (IMB/PBG).
- Lease contracts include extension clauses with clear renewal terms.
Orivista collaborates with vetted legal partners and notaries to ensure every transaction is transparent, compliant and secure.
Taxation and Ownership Options for Foreigners
Foreigners can legally lease and rent out property in Bali, but the structure you choose affects your taxes and rights.
1. Renting as an Individual Foreigner
As a foreign individual:
- You cannot buy freehold property in your personal name.
- You may lease property for up to 30 years, with an option to extend.
Tax Obligations:
- Rental Tax (PB1/NPWPD): 10% of gross rental income
- Income Tax: 42% total (22% corporate + 20% foreigner surcharge)
This makes direct foreign ownership less tax-efficient for long-term rentals.
2. Renting Through a PT PMA Company
Setting up a foreign-owned PT PMA company offers greater flexibility and tax advantages.
Ownership Rights:
- A PT PMA can own freehold property under the company’s name.
- It can also lease property for up to 30 years, with legal options to extend.
Tax Obligations:
- Rental Tax (PB1/NPWPD): 10% of gross rental income
- Corporate Income Tax: 11–22% depending on profit
This structure is more secure and efficient, making it the preferred route for professional investors and landlords.
Property Ownership Structures Explained
- Leasehold (Hak Sewa): Most common for foreigners; typically 30 years with renewal.
- Right of Use (Hak Pakai): For residential use, up to 80 years total with extensions.
- Right to Build (Hak Guna Bangunan / HGB): Allows PT PMA companies to legally build and operate.
- Freehold (Hak Milik): Permanent ownership, reserved for Indonesian citizens or PT PMA entities.
Rental Contracts in Bali
To be legally valid, contracts must be written in Bahasa Indonesia.
Even if an English version is attached, the Indonesian version takes legal precedence in court.
Contracts should clearly define:
- Lease duration and payment terms
- Maintenance and deposit policies
- Termination and renewal clauses
A well-structured contract ensures you’re protected from disputes or legal complications.
ROI Implications — Leasehold vs Freehold
Freehold ROI — Long-Term Growth
Freehold provides capital appreciation and full control but is accessible only to locals or PT PMA entities.
Leasehold ROI — High Yield, Low Entry
Leasehold villas cost 30–50% less upfront and deliver strong rental yields, especially in tourist hotspots.
With professional management by Orivista, you can sustain high occupancy and maximize returns across the lease period.
How Orivista Maximizes ROI — Whatever You Own
Whether you hold a leasehold villa in Pererenan or a freehold estate in Uluwatu, Orivista ensures your property performs at its best with:
- End-to-end management — bookings, maintenance and accounting.
- Revenue optimization via dynamic pricing and marketing.
- Legal compliance and licensing support.
- Exclusive guest perks through Oricircle, Orivista’s loyalty program.
The Oricircle Advantage — Exclusive Guest Perks
Every Orivista-managed villa is part of Oricircle, a lifestyle rewards program offering guests access to Bali’s best experiences — driving repeat bookings and higher ROI for owners.
Exclusive Partner Benefits:
- Atlas Beach Club: Free entry + 15% off food & drinks
- White Rock Beach Club: 10% off food & drinks
- Milu by Nook Berawa: 15% off
- Mokshu Vegetarian Cuisine: Up to 15% off
- The Rockfish: Up to 15% off
- Tarabelle Café: 10% off
- Surya Bintang Adventures: 20% off
- Trip Kaikai: Up to 25% off
- Davara Studio: Free professional photoshoot for in-house guests
This ecosystem enriches the guest experience — and translates directly into higher occupancy, better reviews and increased revenue.
Also Read: Top 5 Emerging Neighborhoods in Bali for Property Investment in 2025
Final Thoughts — Invest Wisely, Earn Smart
The Leasehold vs Freehold debate in Bali isn’t about which is superior — it’s about which fits your strategy.
- Choose Leasehold for flexibility, affordability, and legal simplicity.
- Choose Freehold (via PT PMA) for legacy ownership and capital growth.
Whichever path you choose, Orivista ensures it’s secure, profitable, and seamless — from purchase to performance.
Ready to invest with confidence?
Visit Orivista.com to explore managed villas and personalized investment advice tailored to your goals.
