Can a Bali Notary Help with Property Transactions for Foreigners? Complete Legal Guide by The Bali Lawyer

Bali is a dream destination for many foreigners, not just as a holiday escape, but as a place to live, retire, or invest. One of the most common questions asked by expats and international investors is: Can a Bali notary help with property transactions for foreigners? The answer is yes—but there are important legal limitations, regulations, and procedures that must be followed.

At The Bali Lawyer, we provide professional legal services in Bali, specializing in helping foreigners navigate the Indonesian property market legally and safely. This comprehensive guide explains everything you need to know about how notaries in Bali assist with property transactions, the role they play, legal ownership options for foreigners, and how to protect your investment.

Understanding the Role of a Notary in Property Transactions

In Indonesia, a notary (notaris) is a public official appointed by the government who is authorized to draft, certify, and register legal documents. In real estate transactions, the notary is responsible for:

Drafting the Akte Jual Beli (AJB) or sale and purchase deed
Conducting due diligence on land certificates
Ensuring proper transfer of ownership or lease rights
Registering the transaction with the National Land Agency (BPN)
Handling related tax documentation and payments
Coordinating with banks and government offices when necessary

In every real estate transaction, a certified notary is legally required to ensure the deed is valid, enforceable, and complies with Indonesian property laws.

Can Foreigners Own Property in Bali?

Foreigners cannot directly own freehold land in Indonesia, including in Bali. Indonesian law prohibits non-Indonesian citizens from holding land under a freehold title (Hak Milik). However, there are legal alternatives that allow foreigners to control and benefit from property investments, including:

1. Leasehold Agreements (Hak Sewa)

Foreigners can lease land or buildings for a long-term period (usually 25 to 30 years), with extensions available. These agreements can be registered and certified by a notary, offering a secure and legal framework for property use.

2. Right to Use Title (Hak Pakai)

This title allows foreigners to use land or property for residential purposes and is issued by the National Land Agency. It typically applies to land built on state-owned property and can be valid for up to 80 years with extensions.

3. Company Ownership (PT PMA)

A foreign investor can set up a foreign-owned company (PT PMA) in Indonesia, which allows the company—not the individual—to own land under a Right to Build (Hak Guna Bangunan) title. This is a common method for commercial or investment properties.

Each of these methods requires formal legal documentation, verification, and registration, all of which involve a licensed notary.

How Can a Bali Notary Assist Foreign Buyers?

A notary plays a critical role in ensuring that your property transaction is safe, legal, and properly documented. At The Bali Lawyer, we work closely with certified notaries in Bali who have extensive experience working with foreign clients. Here’s how a notary can help you:

Legal Document Drafting

The notary prepares all necessary legal documents for your transaction, such as:

Sale and purchase agreements
Leasehold contracts
Power of attorney if you are abroad
Deeds of establishment for company ownership
Prenuptial agreements if required for joint ownership

Title Verification and Due Diligence

Before a transaction is finalized, the notary will conduct a full check on:

Land certificate authenticity
Seller’s ownership rights
Zoning compliance
Mortgage or encumbrance status
Building permit validity (IMB or PBG)

This step is crucial to avoid buying disputed or illegal property.

Tax Compliance

The notary assists with calculating, collecting, and reporting taxes related to the property transaction, including:

Income tax for the seller (PPh Final)
Land and building acquisition duty (BPHTB)
Notary service fees
Stamp duties and registration costs

Government Registration

Once the transaction is completed, the notary registers the documents with the Badan Pertanahan Nasional (BPN) and other relevant government agencies. This ensures your rights are formally recorded and legally enforceable.

Why Use a Law Service Like The Bali Lawyer?

While a notary is essential, a law service acts as your advisor and representative throughout the transaction. The Bali Lawyer ensures that you not only receive certified notary assistance, but also complete legal protection and personalized guidance. We provide:

Legal consultation tailored to your situation
Contract review and negotiation
English-speaking support
Background checks on sellers and land titles
Certified translation of legal documents
Assistance with company setup (PT PMA) if needed
Ongoing legal support post-transaction

Our services are especially useful for those unfamiliar with the Indonesian legal system or the Bahasa Indonesia language.

Common Property Documents That Require Notary Assistance

Sale and Purchase Agreement (AJB)
The main document for transferring rights in leasehold or company-owned property.
Lease Agreement (Perjanjian Sewa Menyewa)
For long-term rental or leasehold investments, especially important for villa leases.
Company Deed of Establishment
Required if you are using a PT PMA to hold the property title legally.
Power of Attorney (Surat Kuasa)
Needed if you are not in Indonesia and require a legal representative.
Prenuptial Agreement (Perjanjian Pranikah)
Essential if you are in a mixed-nationality marriage and plan to invest in property.

All of these documents must be prepared and signed in front of a notary, then submitted to relevant government offices for final registration.

Estimated Notary Fees for Property Transactions in Bali

Fees can vary depending on the complexity and value of the transaction. Here is a general estimate:

Notary Fees for Leasehold or Property Sale:
1% to 2.5% of the property value
Document Preparation (AJB, Lease Agreement, Power of Attorney):
IDR 2,000,000 – IDR 10,000,000 per document
Due Diligence and Title Search:
IDR 5,000,000 – IDR 15,000,000 depending on property size
PT PMA Setup for Property Purchase:
IDR 15,000,000 – IDR 25,000,000

At The Bali Lawyer, we offer full cost transparency and fixed-fee options where possible. We ensure you only pay for necessary services with no hidden costs.

Areas in Bali Where We Offer Notary Support

We serve all major regions of Bali, including:

Seminyak
Canggu
Ubud
Sanur
Denpasar
Jimbaran
Nusa Dua
Gianyar
Tabanan
Lovina and North Bali

Whether you are based in a popular tourist zone or a more remote part of the island, we can coordinate notary and legal support tailored to your location.

Key Tips for Foreigners Buying Property in Bali

Never use a nominee structure – This is legally risky and not recommended under Indonesian law. Use leasehold or company options instead.
Always conduct due diligence – Even if the property looks legitimate, make sure the land certificate and permits are verified by a notary.
Get legal advice before signing anything – Contracts in Bahasa Indonesia may contain clauses you don’t fully understand.
Avoid cash transactions – Ensure payments are traceable and properly documented in the contract.
Use a bilingual notary – Communication is key. Make sure your notary or legal advisor speaks fluent English.

The Bali Lawyer – Your Legal Partner in Property Transactions

Buying or leasing property in Bali as a foreigner can be a safe and profitable experience—when done legally and professionally. At The Bali Lawyer, we combine notary services with full legal consultation to ensure your rights are protected and your investment is secure.

We have helped hundreds of clients handle everything from villa leases and land purchases to company setups and inheritance planning. With our team by your side, you’ll receive complete support at every step of the process.