Friday, March 04, 2016

FOREIGNERS CAN OWN LANDED HOUSES IN INDONESIA

Based on the Government Regulation No.103/Year 2015, the Government of Indonesia had signed and issued this Government Regulation on 22 Desember 2015 concerning House Ownership of Foreigners Residing in Indonesia which allows foreigners to own landed houses in Indonesial; The right to own this Landed House by Foreigners are so called "Right of Use" ("Hak Pakai") for an initial period of 30 Years,  which can be extended for an addional of 20 Years and further renewal for 30 Years; Thus  the ownership can reach a total of 80 Years; Please be noted that there are certain requirements and conditions which are important to be taken into considerations.


Significant Points : 
  • Foreigners who hold a legal stay permit ( diplomatic stay permit, official stay permit, residence stay permit, limited stay permit or permanent stay permit) who gives benefit, conduct business, work or invest in Indonesia may own the landed house/apartment unit in Indonesia.
  • Houses /Apartement owned by a foreigner in Indonesia may be passed / inherited by the foreigners offspring; Hwoever such hear must also have a legal stay in Indonesia
  • If the foreigner leaves Indonesia to reside in another country, then the foreigner must sell their house/appartement  to a qualifying person within a year after departing from Indonesia;
  • Indonesian Citizens marrying foreigners can own title over a land as long as the title to the land is not part of the Joint Martial Property; This must be eveidenced by a prenuptial agreement in a Notarial Deed. 
  • The Land National Authority will issue regulations concerning the procedures for granting, releasoing or transfering the ownership of a house by a foreigner;
This Government Regulation is designed by the Indonesian Government to provide more legal certainty for Foreigners regarding property owenership in Indonesia;
This Government Regulation takes into effect on 28 Desember 2015 according to the statement on the website of the Indonesia's Cabinet Secretary  

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