Investing in Bali offers immense opportunities, but understanding the local regulations and requirements is key to success. From choosing the right business structure to navigating complex zoning laws, here’s everything you need to know to start your journey as a foreign investor in Bali.
I’m Jason, a business journalist specializing in investment opportunities and market trends in Bali at Bukit Vista. Through my work with Bukit Vista, I aim to empower investors with insightful knowledge to make informed decisions that contribute to Bali’s sustainable growth.
PARQ Ubud: The Importance of Regulatory Compliance
PARQ Ubud is a comprehensive development in Ubud, Bali, designed as a “city within a city.” It offers a range of facilities, including over 100 luxury villas and apartments, a 1,500-seat concert hall, a 950-square-meter gymnasium, the largest swimming pool in Ubud, a luxury spa, meeting rooms, co-working spaces, and nine restaurants.
The development was completed and opened to the public in 2021. On November 11, 2024, local authorities temporarily suspended PARQ Ubud’s operations due to the absence of essential permits, including the Building Approval (PBG) and Certificate of Function Worthiness (SLF).
What is PBG and SLF?
PBG (Persetujuan Bangunan Gedung):
- Definition: This is the Indonesian Building Approval Permit, replacing the former IMB (Izin Mendirikan Bangunan).
- Purpose: It ensures that a building is constructed in compliance with spatial planning regulations, safety standards, and environmental impact considerations.
- Importance:
- Legally required for any construction project in Indonesia.
- Ensures the structural safety, usability, and environmental compatibility of a building.
SLF (Sertifikat Laik Fungsi):
- Definition: The Certificate of Function Worthiness.
- Purpose: It certifies that a building is safe and fit for use according to technical standards, after construction is completed.
- Importance:
- Mandatory before any building can be occupied or utilized.
- Assesses compliance with architectural, mechanical, electrical, fire safety, and sanitation standards.
- Thorough Due Diligence: Before initiating any business operations, ensure all necessary licenses and permits are obtained. This includes understanding the specific requirements for your business sector and location.
- Zoning Compliance: Verify that your business activities are permissible under local zoning laws. In Bali, zoning is regulated by the Dinas Pekerjaan Umum dan Penataan Ruang (PUPR), and non-compliance can result in significant legal and operational challenges.
- Engagement with Local Authorities: Maintain open communication with local government agencies to stay informed about regulatory changes and ensure ongoing compliance.
Know This Before Investing in Bali
Choosing the Right Business Structure
Foreign investors typically set up a Perseroan Terbatas Penanaman Modal Asing (PT PMA), a limited liability company that allows up to 100% foreign ownership in many sectors. However, some industries impose restrictions or require local partnerships. Ensure you research your business sector thoroughly before setting up a PT PMA.
Meeting Investment Regulations
Starting a PT PMA requires a minimum capital investment of IDR 10 billion (approximately USD 700,000), excluding land and buildings. This amount must be fully paid up and is often used to fund operational expenses. Understanding and planning for these financial requirements is critical to avoid unexpected hurdles.
Obtaining Licenses and Permits
To legally operate a business in Bali, you must obtain a Business Identification Number (NIB) through the Online Single Submission (OSS) system. This unified business license streamlines the process of obtaining other required permits.
Navigating Land and Property Ownership
Foreigners cannot own freehold land in Indonesia. However, a PT PMA can acquire land under Right-to-Build (Hak Guna Bangunan) or Right-to-Use (Hak Pakai) titles. Conducting a thorough land assessment and securing appropriate zoning certificates is vital for compliance.
Taxation Considerations
The corporate income tax rate in Indonesia is 22%. However, incentives such as tax holidays are available for investments in priority sectors or regions. Engaging a local tax consultant can help you maximize these benefits while ensuring compliance.
Employment and Work Permits
If you plan to employ expatriates, you’ll need to obtain Limited Stay Permits (KITAS) and adhere to regulations, including local-to-foreign employee ratios. Familiarizing yourself with Indonesian labor laws will help you navigate these requirements smoothly.
Environmental and Zoning Compliance
Zoning laws and environmental regulations ensure sustainable development in Bali. Key steps include:
- Environmental Impact Assessment (AMDAL): Required for certain projects to assess potential environmental effects.
- Building Approval (PBG): Authorizes construction and modifications in compliance with zoning laws.
- Certificate of Function Worthiness (SLF): Certifies that the building is safe and suitable for use.
Bali’s land zoning categories—residential, commercial, agricultural, and protected—define permissible activities. Verify your land’s zoning classification and secure a zoning certificate before proceeding with development.
Ready to Learn More on the Practical Side of Investing in Bali?
Investing in Bali offers huge opportunities, but navigating the regulatory landscape requires careful planning and compliance. Key factors include selecting the right business structure, such as a PT PMA for foreign ownership, and securing necessary permits like the Business Identification Number (NIB), Building Approval (PBG), and Certificate of Function Worthiness (SLF). Ensuring compliance with zoning laws and learning from cases like PARQ Ubud’s closure highlights the importance of thorough due diligence and regulatory adherence for long-term success.
Round Table Talk by Bukit Vista where we host a dinner with Clients, Partners, and Community Expert to connect
Join Bukit Vista’s Round Table Talk and connect with local community experts to gain actionable insights into Bali’s investment landscape. Learn from real-world examples, ask questions, and get tailored advice to ensure your investment aligns with regulations and maximizes potential.