Bali BS urges foreigners not to “invest”
or otherwise buy into Balinese real estate (Bali villas) for their
own sakes; see below for information on the sham regarding KITAS
work permits / residency visas which potential villa owners are
told they can get easily (but they can't legally). Bali BS points
out;
1) You will be lied rotten to while you are in the process of
buying your dream [sic] (try nightmare) holiday home in Bali.
Everyone will tell you what a great investment owning a Balinese
villa is, and how risk / problem free it is. You will also be
told you will easily then get for a KITAS work permit / residency
when legally you can not.
2) Once you have committed to buy either land (which you can never
own) and / or a property in Bali, this real estate market run
extensively by rogues on a so called island paradise will suddenly
cost you much more than you had “expected”; your dreams
will be shattered when you find out just how nasty Balinese villa
ownership truly is.
Forget what real estate agents and land owners tell you, most
of them are at best liars and cheats, at worse crooks. An excellent
detailed explanation of the facts (laws and recorded definitions)
can be found here: Bali
Villas & Real Estate for foreigners; the facts
Understand that what these money
grabbing villa sales con artists are doing are coming up with
fanciful interpretations of secondary laws and / or agreements
that attempt to circumvent the law; but these are ultimately unlawful
as they contradict the provisions actually made by the laws that
do exist. As with all countries, Indonesia has and no doubt will
continue to rule such agreements unlawful; not worth the paper
they are written on.
For now you can buy your way out of
legal issues with bribes in Bali / Indonesia, but for how long?
One thing is for sure, unless and until the Indonesian government
and legislator incorporate foreigner right of use and / or ownership
laws into the statute, which there are no plans to do at all right
now, when you "buy" a luxury villa in Bali you are actually
buying a piece of paper and that is all your investment is ultimately
worth. Some sales agents report a case of a foreigner was upheld
against his greedy Balinese girlfriend namegiver, but it is certain
the foreigner paid large sums of money to the judge to get that
ruling. And understand this; there is no case law in Indonesia.
That means a ruling in one court has no relevance and can not
even be admitted as evidence in another court; Indonesian judges
make up their interpretations and minds about things. So that
ruling will not help you if you need to go to court.
Often contended land is sold; that is land where there maybe a
title dispute. Sometimes Indonesians will even claim to own land
which they do not with forged or unlawfully gained documents.
Balinese villas are also sometimes sold where the building permit
was falsely and unlawfully given (for a bribe) and which is subject
to further extortion or closure in the future. Beachfront land
is often sold for building purposes when there is an 100 meter
exclusion regulation and no hope of getting a building permit
legally or at all; this is where the land seller / real estate
agent points potential buyers to other villas which are closer
than 100 meters to the beach but “forgets” to tell
them that those villas were built when special building permit
dispensations were allowed. Land and / or villas in Bali are also
often sold where the local government has stopped the issuing
of new villa construction and / or operating licenses, so legally
they can never be anything more than a private holiday home, not
a rental villa.
Foreigners can not be directors of private Indonesian companies.
This is important because in order to rent a Balinese villa out
to guests, the property must have a valid operational license;
these can only be obtained by Indonesian citizens and companies
of course. The only type of Indonesian company a foreigner can
be a director of and can control is a public company with two
types of issued shares; normal and voting. Foreigners can not
own more than 49% of a public company’s normal (main / legal)
shares, but they can have a majority of the voting shares, although
this is fraught with future potential risk. Also, of course, the
time and money needed to set up and run a public company is totally
disproportionate with owning a Balinese holiday home you simply
want to rent out a little. This means that controlling your investment
if you want to derive rental income from it is very difficult,
as you would basically be forced to turn over not just the land
title rights but also all other rights to Balinese / Indonesians.
Indonesians of course can form small
companies called PT's, but foreigners can not be partners.
If you are thinking of buying an existing Balinese villa, you
have to be especially careful and ask why it is being sold in
writing. You can not easily find out about pre-existing legal
problems, also having someone qualified to perform a proper structural
survey out means getting someone in from Australia or Singapore
at considerable expense, before you even buy the place; so you
might pay for this and then the villa owner pulls out!
If you are thinking of buying land and building a new villa on
it, be warned you may not get a building permit without giving
people substantial bribes as new villa construction has all but
been virtually stopped by the authorities. Also be warned most
land owners will strip the land clean of all trees unless you
specifically make sure these are included in the sale price; a
piece of land without trees is going to make landscaping and even
soil erosion control a nightmare, if not impossible. Also expect
your builders to cheat you rotten. Expect they will keep demanding
extra money and suffer delays; of course when you go to the site
there only a few people there and they are just sitting around
or sleeping. Expect construction standards to be awful unless
you appoint a diligent project manager, which means hiring a western
specialist who speaks Indonesian of course, at considerable extra
cost.
Understand that if you do not have residency rights you will be
subject to the same visa regulations as every other tourist to
Bali even if you have spent all your hard earned money on some
Balinese real estate; there are no “second home” type
“stay as long as you like” visas like they have in
Malaysia. This means that if you have dreams of spending extended
periods of time in Bali, you will not be able to legally without
coming out and getting a new visa each time. Also understand that
coming in regularly as a tourist leaves you very vulnerable to
extortion from both corrupt immigration and police officers as
you are then not a tourist but an illegal resident. Even if you
have a company set up to run the villa, you are unlikely to get
a “KITAS” visa (work / residency permit) unless you
have a professional skill your own villas need! This is despite
the fact the Balinese real estate agents will say you can get
a KITAS visa easily; you can not, investment in itself does not
constitute grounds for a KITAS. Often KITAS visas are obtained
because you are advised to lie about your past on your application
or apply through front companies and / or bribes are made; in
any event unlawfully / fraudulently obtained KITAS visas are just
extortion and / or deportation opportunities for corrupt police
and immigration officers in waiting. If you invest in a true Bali
villa (one that is made available for other people to rent) and
come yourself to Bali on holiday, you have to then also be careful
as to what you say and do regarding the villa staff. You see,
if the property is commercial and you are the investor, if you
pick up a heavy item for a member of staff or ask them to get
you something like a drink you can be viewed to be working illegally
as a manager, as foreigners have been
in the past and subsequently extorted or deported. The
only “safe” use of a Balinese holiday home by the
foreigner who paid for it is therefore for only 2 months maximum
a year (to be a tourist, not a resident) and where the home is
for your private use only (not rented out).
Understand that smiling helpful Balinese and Indonesians (and
expatriates) will suddenly acquire frowns and be downright troublesome
once you have committed your money. Village leaders will expect
donations for local projects. Village leaders and village committee
members will expect you to employ people they both know and in
equal numbers. The village may well turn very nasty if you employ
people from outside the village, especially if they have issues
with the village those people come from. Adjacent local land owners
may well also try to blackmail you either to be hired, to have
you buy their land or simply to make them behave themselves as
good neighbours; maybe allowing local youths on motorbikes to
use the land next to your “tranquil” Balinese villa,
or to dump smelly rubbish just their side of the perimeter, or
to come and simply stare at you and your guests. Your neighbours
may not appreciate your building or construction and pay Bali’s
mafia police to create a problem for you.
There is a well used saying amongst foreigners in Bali; “After
the rose colored glasses come off”. Balinese real estate
is a nightmare. Buying a holiday home villa in Bali exposes you
to ongoing expensive extortion through fraud, blackmail and corruption.
Really, Bali is no paradise, go buy your land / ideal real estate
and build your dream villa somewhere else where they treat foreigners
/ investors decently. Indonesia, including Bali is a nation of
angry nasty anti-western thieves; don’t find out for yourself.