Tanjung Ocean View
Questions and Answers
All the info you need to know about the TOV project!
Questions and Answers
Ownership
A: There are a variety of land use and ownership regimes under Indonesian Law. Some of the most important are as follows:
1) Freehold Title (HM or Hak Milik, Article 20-27). Freehold title is the strongest and fullest title that can be obtained. Freehold (aka “Fee Simple”) title may only be held by Indonesian citizens or by Indonesian legal entities that are stipulated by the government. It is therefore impossible for a foreign individual to have direct freehold ownership of land in Indonesia. All Indonesian companies, whether or not they are a PMA (i.e. Foreign Investment Company), cannot possess freehold title over land and are compelled to use other titles such as Hak Guna Usaha and Hak Guna Bangunan. According to the UUPA, land that is titled Hak Milik can be used as security for debt. However, foreign companies and individuals must take care in accepting freehold land as security and should consult with competent advisors beforehand.
2) Land Cultivation Rights Title (HGU or Hak Guna Usaha, Article 28-34) The Land Cultivation Title (HGU) gives the right to use a state-owned land for the purpose of agriculture, in particular plantations, fishing or cattle-raising. Such title is granted for periods of 25 or 35 years, and may be extended for another 25 years if the land is deemed to be managed and utilized properly. This title of right is given to Indonesian citizens or legal entities (including PMA companies). A HGU title can be used as collateral, or with the approval of the government, transferred to a third party.
3) Building Rights Title (HGB or Hak Guna Bangunan, Article 35-40) A Building Rights Title (HGB) gives the right to construct and own buildings on a piece of land that someone else owns. Such title is granted for a maximum period of 30 years, which can be extended for another 20 years. HGB title is granted to Indonesian citizens or legal entities (including PMA companies), and can also be used as collateral or transferred to a third party.
Note: HGB can relatively easily be converted into Freehold (Hak Milik) Land and such land creates a valuable strategy for PMA’s (Foreign Investment Companies) to acquire land under HGB – in the name of the PMA (i.e. without needing a nominee) and later, upon sale, convert the property back to Hak Milik (Freehold). See below for more discussion of this strategy.
4) Right Of Use Title (HP or Hak Pakai, Article 41-43) The Right of Use on Land (HP) is the right to use land for any purpose for a period of 25 years, which can be extended for another 20 years. This type of title should not be confused with a lease contract or sharecropping agreement. Foreign residents of Indonesia and Indonesian legal entities (including PMA companies) may hold HP titles. HP title has no collateral value to the owners and is not transferable.
Q: How does one acquire freehold (aka “fee simple”) ownership at TOV if the buyer is not Indonesian?
A: TOV offers “nominee” services for a small fee additional fee. We use a trusted employee to secure owner’s interests with a complete “nominee package” which includes a mortgage in favor of the lot owner for the full purchase price paid and a number of other documents which together secure owner’s use of and title to the land. This is common practice in Indonesia where the vast majority or foreign owner’s acquire their freehold/fee simple land through the use of nominees.
A: Yes. Again, foreigners are not allowed to own Fee Simple/Freehold rights to Indonesian property (see “Hak Milik” above). However there are a couple of ways foreign owners get around this:
1) Create a Foreign Investment Company (called a “PMA” – the Indonesian acronym for “Penanaman Modal Asing”), then, after establishing the PMA company, transfer the property into the name of the company (or set up the PMA first, then acquire the property in the name of the PMA).
Since foreigners are not allowed to own freehold property, the same restriction applies to PMAs. However, control (and effectively, title) to a property can be secured by the PMA by first changing the property ownership right/title from “Hak Milik” to “HGB” (see above for more on Hak Milik and Hak Guna Bangunana). HGB can relatively easily be later converted back to Hak Milik in the event the property is sold to an Indonesian or the foreign owner gets Indonesian Citizenship.
However, for a foreigner who does not intend to actively do business in Indonesia (as opposed to simply owning 1 or 2 properties in Indonesia), this is a cumbersome and expensive process, with much reporting, government regulation and paperwork involved – in addition to the considerable time and cost of creating a PMA (which, is a form of Limited Liability Company or “LLC”). The cost to create a PMA is typically $6,000 US to $10,000, depending on who creates it.
2) Use a Nominee. The vast majority of foreign investors and/or property owners (including the Developer) designate a “nominee” as the legal owner of their property. Nominees can be any Indonesian citizen – including a foreigner who has become an Indonesian citizen. In order to secure the true owner’s control of the property, a set of documents (the “Nominee Package”) was long ago developed and has been used for decades by foreign investor/owners to secure their freehold ownership interests in Indonesian properties.
Chief among these documents (typically consisting of 6 or 7 different notarized legal agreements), is a mortgage given by the nominee to the owner and secured by the property, typically for the amount of the foreign buyer’s purchase price/investment. In Indonesia, mortgages are recorded as legal security interests (i.e. a lien) which attach to the title of the property and are “lodged” at BPN – the Indonesian government land office which issues the certificate (i.e. the title or deed) to the property. Properties subject to recorded mortgages must have the mortgage satisfied/paid-off before BPN will issue a new certificate in the name of a subsequent buyer/owner or allow any transfer of ownership.
As additional security, possession of the original certificate (in the name of the buyer’s nominee) is held by the foreigner as it and other documents must be first be submitted to BPN by the nominee in order to sell or transfer ownership of the property.
Finally, other documents in the Nominee Package (notarized and created by the notary handling the Buyer’s purchase) clearly detail the complete and binding relationship between the nominee and the foreign owner – including limitations against the nominee’s rental, conveyance, mortgaging or other use of the property held in trust by the nominee for the foreign owner, powers of attorney from the nominee to the non-Indonesian owner, granting the exclusive power of sale to the true owner and more.
A: Throughout Indonesia, property purchases, transfers of ownership, land title certifications and other real estate related matters are handled by the “BPN” (“Badan Pertanahan Nasional” – otherwise known as the Indonesia National Land Agency). Some BPN offices are better staffed than others and the workloads of each office can vary significantly.
All real estate matters of record (chief among these the processing of land titles or (“certificates”), mortgages in Indonesia and certain land leases) must be done by BPN, typically with the assistance of an Indonesian notary (“notaris”). The notaris processing a transaction must be licensed to operate in the same district as the property is located in.
Location & Access
A: Tanjung Ocean View is located in Indonesia, on the Island of Lombok, a few minutes from the town of Kuta, above the white sand beaches of Tanjung A’an (A’an Bay) on Lombok’s famed South Coast. The project is immediately adjacent to and above (it looks down on) the Mandalika Resorts mega-development area.
A: The Island of Lombok is the next island directly to the east of Bali, Indonesia.
A: Lombok is about 22 miles (35 kilometers) from Bali.
A: The town of Kuta is about 2 miles from the TOV project and it takes less than five minutes to drive into town from the project on the new highway.
A: The nearest city is Mataram which is the largest city on the Island of Lombok. Transit time from Kuta to Mataram is now only 45 minutes using the new four-lane divided highway, recently constructed for fast access to Mataram from the new BIL Airport in Praya.
A: TOV is about five minutes from Tanjung A’an Bay, a gorgeous beach with twin crescents of white sand and crystal-clear blue water. When the Mandalika Bay development’s main access road (now being installed – immediately below the TOV project) is completed, direct access to Tanjung A’am Bay will be even faster.
A: The new BIL Airport (now with direct flights to Lombok from many international locations!) is approximately 20 minutes by car from TOV using the newly paved and widened highway.
A: It takes about 25 minutes by plane, about 1.5 hours by “fast ferry” and roughly 5 hours by large ferry (the large ferry carries cars, truck, motorbikes and people).
A: Yes. Every day Lombok hosts tourists with cars, locals with motorbikes and commercial vehicles hauling goods, travelling between the islands by ferry.
Property Management & Other Services
A: The Owner’s Association will manage TOV, (see below).
A: The Developer intends to build an Onsite Management Office at the newly designated commercial area planned for construction below the entrance to the TOV development. The Management Office is intended to be part of the larger commercial project which is designed to serve the residents of TOV as and when more villas are built at the project.
A: Yes. There is full-time (24 hrs @ day/ 7 days @ week) security at the project.
The Plots At TOV
A: Yes. All the land has been fully certificated and new certificates are issued by BPN to each individual Buyer for their specific plot as part of the TOV sale process.
A: Yes. All lots have been surveyed and a contour map with elevations has been created for each lot and for the entire project. In addition, a new survey is performed by BPN when each lot is sold – prior to the issuance of a new certificate in the Buyer’s name, as part of the TOV sale process.
A: Currently lots are being offered for sale which are about 5.61 Ares (561 square meters) to 45.02 Ares (4,502 square meters) in size.
A: Most of the lots at TOV have spectacular ocean views. Lots at the bottom of the project, nearest to the main entrance (Lots 1 to 8 and Lots 21 to 24) have valley and mountain views, with little or no ocean view. In addition some of the lots in Phase 3 have limited views of Kuta Bay.
A: Low acquisition and development costs, a fast sales time-line and the Developer’s investment strategy (see below) together result in the below market prices at TOV. See the “Price List” page (“About TOV” > “Price List”) for a table of current lot prices.Q: Why are the current prices of lots at TOV below those of competitors?
A: Yes. Lots that 20 Ares (2,000 Sq Mtrs) or larger can be subdivided into 2 new lots. Lots that are smaller than 20 ares need Developer or Owner’s Association approval.
A: Yes. Aside from the minimum lot size (again, 10 Ares) the only other restriction is that before Developer has sold all of Developer’s inventory, no lot can be subdivided without Developer’s approval.
Project Infrastructure, Utilities & Improvements
A: Yes. Concrete lined drainage canals and bridges over the drainage, where needed, are provided by the Developer at no cost to owners.
A: Yes. The interior subdivision roads have been graded and the sections not under active construction have been paved. Most drainage canals have been completed and drainage channels in areas of active construction have been excavated to control runoff from rainfall. Bridges have been installed. Lining of the drainage canals (with rock and concrete) and finish paving of the remaining unpaved sections of road will be completed with funds from additional lot sales.
A: Yes. The interior roads at TOV will be maintained by the Owner’s Association (see “Owner’s Association” below).
A: In order to secure continuing access to all lots at TOV, the Developer will maintain ownership of the interior roads at the present time. After the Turnover Date, the Developer may convey the interior roads to local government or maintain them as private roads, either in the Developers name or in the name of the Tanjung Ocean View Homeowner’s association.
A: Yes. A new widened and paved main government road has recently been constructed from the Kuta Bypass Road in Kuta past the TOV project and running all the way to the new Awang Harbor. Finishing work (adding extra soil to road shoulders, completing the drainage channels in the few remaining areas, planting trees) was recently completed.
A: Yes. A new widened and paved main government road has recently been constructed from the Kuta Bypass Road in Kuta past the TOV project and running all the way to the new Awang Harbor. Finishing work (adding extra soil to road shoulders, completing the drainage channels in the few remaining areas, planting trees) was also recently completed.
A: Yes. (See above).
A: Yes. Electricity is available to the project from the main government road at the front of TOV. If desired, each owner is independently responsible for bringing electric service to their lot.
A: Yes. Water systems in the majority of homes in the Kuta area are private and developed from wells dug at each house. Studies indicate there is a large aquifer of water at depths and volumes high enough to easily service the entire project. In addition, two wells (one at the top of the project and another at the bottom) have already been installed at TOV.
A: There are a number of relatively inexpensive well drillers in the area who we can refer you to.
A: Yes. Telephone service is available through Indonesia’s Telkom service. In addition a new cell tower was recently installed so cellular service is good (as is true in most of Lombok and much of Indonesia). Lombok generally has excellent cellular reception, with numerous cell towers installed as almost all residents own and use cell phones
Yes. Telkom high-speed Internet (using a newly installed fiber-optic cable) is available in the project. The service is reasonably priced, the bandwidth is high and connection speeds are quite fast.
Covenants Conditions & Restrictions (“CC&Rs”)
A: Covenants, Conditions and Restrictions” or “CC&Rs” are conditions imposed by a developer which stipulate the “rules” of ownership at a development project.
A: Good CC&Rs protect the value of owners’ investments in a project by prohibiting nuisances, noxious conditions and other activities that are likely to cause problems and/or a loss of value to the owners’ investments in a real estate project. The best CC&Rs are those that skillfully address the potential issues that are likely to arise at a project, while at the same time allowing maximum freedom of choice for owners, with rules that are not overly restrictive or burdensome. Good CC&Rs safeguard owner investments. For example, most owners in a nice residential development project, especially westerners, would not appreciate their neighbor turning their property into a rubbish dumpsite, a pig or chicken farm full of flies and noxious smells/noises, or a commercial enterprise that has hundreds of customers coming and going each day, not to mention destroying the interior roads with heavy trucks or traffic, etc.
A: The Developer created the TOV CC&Rs by adapting an existing basic set of covenants created by the Developer and his attorneys over several decades and used in numerous other development projects.
A: In order to secure continuing access to all lots at TOV, the Developer will maintain ownership of the interior roads at the present time. After the Turnover Date, the Developer may convey the interior roads to local government or maintain them as private roads, either in the Developers name or in the name of the Tanjung Ocean View Homeowner’s association.
Tanjung Ocean View Owner’s Association (“TOVOA”)
A: Yes, the TOV project will be governed by the Owners through the TOV Owner’s Association.
A: Each Owner of a lot at TOV shall automatically become a Member of the Owner’s Association. Together, Owners will elect a Board of Directors (“BOD”) to oversee the management of TOV.
A: Yes. Owners shall have 1 vote for each Lot they own at TOV.
A: The Association shall have the power to do and perform any and all acts which may be necessary, or proper for, or incidental to the exercise of any of the express powers granted to it or otherwise needed to enforce the CC&Rs.
A: Until the “Turnover Date”, the Developer may appoint the Board of Directors and shall appoint such number of Directors and persons as the Developer believes may be needed to manage the affairs of the Board. After the Turnover Date, the BOD shall consist of 3 persons, whom the Association shall elect by popular vote, with the nominated individual Owners receiving the three highest vote counts being deemed elected to the BOD.
Cost of Ownership & Assessments
A: Yes, as follows:
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Levies and Liens. The Association, through the BOD, may levy Assessments against each Lot whether or not improved.
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Maintenance Fund. The Board shall establish a maintenance fund into which shall be deposited all monies paid to the Association. The funds of the Association must be used solely for purposes authorized by the CC&Rs.
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Annual Assessments. All owners in the Tanjung Ocean View development are required to members of the TOV Owner’s Association and to pay annual Owner’s Association dues. Prior to the beginning of each fiscal year, the Board shall estimate the expenses to be incurred by the Association during such year in performing its functions under these CC&Rs. Assessments sufficient to pay such estimated expenses shall then be levied against Owners. The current rate for TOV Dues is Rp 3,875,000 per year, prepaid January 1 of each year for that calendar year.
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Special Assessments. In addition to the Annual Assessments provided for above, the Board might levy Special Assessments.
Investing In The Tanjung Ocean View Project
A: The basic terms of purchase are as follows:
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Securing the Right to Purchase a Particular Lot. Lots are held on a buyer’s account after (and only after) a buyer has signed a TOV Purchase and Sale Agreement (“PSA”) and paid the Initial Deposit. Lots will not be reserved unless and until BOTH the signed PSA and the required Initial Deposit is received. Prospective buyers with “plans to purchase” are urged to move quickly as the project is being shown regularly to other buyers and the future availability of any specific Lot cannot be insured. Interested parties can only be apprised of the specific inventory available at the time and on the day an inquiry is made.
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Financial Terms.
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25% – Initial Deposit (refundable to buyer until end of the Due Diligence period).
60% – Additional Deposit (payable upon Buyer’s approval of Due Diligence.
15% – Final Payment (payable on issuance of new certificate to Buyer).
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Due Diligence Period. A “Due Diligence Period” of 21 days is provided for in the PSA, during which time buyers are free to make any and all inquiries they deem appropriate or necessary. During the DD Period, the Developer is bound to cooperate with all reasonable and practicable requests of Buyer to Developer to provide any information and documents requested by buyer and within the Developer’s possession. During the DD Period, buyer’s Initial Deposit remains fully and immediately refundable and the PSA remains cancellable without penalty, in every event, and without any cost to buyer.
A: The length of time required to finalize settlement (or “close”) a real estate transaction in Indonesia is quite variable depending on the property involved, the area one is purchasing in, and more importantly, the amount of “incentive” payments made to the BPN staff handling the transaction. Once as transaction is “lodged” at the BPN by a Notaris/PPAT (i.e. when all the required documents are submitted to BPN and a transaction file is officially created and logged in) it is technically possible to close the transaction in about 2 weeks. More likely, transactions will take anywhere from 6 months to a year – and sometimes longer!
Expediting BPN’s processing is primarily a function of both actively managing each step of the process and each step, and paying incentive “fees” to the BPN staff (and occasionally, the notaris) handling the transaction. At TOV, we use a single certificate processor for all TOV transactions and a third-party Closing Manager who is paid to specifically manage and expedite the certification and closing of each TOV land sale. Our team averages roughly 6 months’ time from lodging of the Documents at BPN to final certification. However, buyers should understand that issues sometimes arise with these transactions which can significantly delay closings.
A: The process for investing in the TOV Project is as follows:
1. Find out which lots are currently available for purchase. (Note: the inventory of lots at TOV is declining rapidly as the project is selling quickly. While we do our best to update the website and keep the list of available lots current, you must check with us to confirm that the lot you want is still available).
2. After you determine which lot you want and advise us you wish to proceed with your investment, we will create a Purchase and Sale Agreement (“PSA”) for your purchase and email it to you for your review, along with the complete Covenants Conditions and Restrictions (“CC&Rs”). After review of these documents, you will need to sign and return them to use by email, along with the required “Initial Deposit” in the amount of 25% of the price of the Property.
3. After, and only after, you return to us the signed PSA and CC&Rs, together with the 25% Initial Deposit, we will take the property off the market for your 21 Day DD Period. During the DD Period you are free to investigate any and all matters relating to the TOV Project, the lot you intend to purchase or any other matter you feel you need to investigate or understand more fully before proceeding with the purchase. You are welcome to hire a lawyer, legal or other counsel to assist you – at your cost, as long as you complete your DD Investigation within the required 21 day period following your signature on the PSA.
4. At any time before the end of the DD Period you are free to cancel the purchase by giving written notice to us that you do not want to proceed with the purchase. If we receive your cancellation notice before the end of the DD Period, the contract will be cancelled and your Initial Deposit will immediately be refunded to you in full.
5. If no cancellation notice is received by the end of the DD Period, and you want to move forward with your investment, you are required to make an “Additional Payment” in the amount of 65% of the purchase price of the property. Upon receipt of your Additional Deposit, we will give notice to the notaris (notary) handling the transaction to prepare and begin processing the documents transferring title to you or your nominee, if a nominee is used. (If you are not an Indonesian Citizen, please see the Q & A section above, titled “Q: Can you give a little more detail about ownership options for non-Indonesians?”).
6. The process of creating your new certificate of ownership for the property (equivalent to a deed or title) and of finalizing the settlement and conveyance of the Property to you will be handled by several people, including: our “Closing Manager” (see above the “Notaris” (notary) handling the transaction, various people at BPN, a BPN authorized surveyor, and others.
7. As the buyer, you will be responsible for paying the costs of settlement. See the Q & A section below titled “Q: What are the acquisition/purchase costs if I buy a lot at TOV?”.
8. Six months after the signing of the Purchase and Sale Agreement or when the new certificate in your or your nominee’s name is finalized (whichever occurs first), the Final Payment in the amount of 15% of the purchase price is payable, whereupon you will have paid 100% of the purchase price and the lot will be transferred to you.
A: Yes. A limited number of the following 2 Developer Financing Plans are offered – to qualified buyers with proven financial resources and good credit:
1. 50% down payment, 1 year term, 10% quarterly, interest-only payments.
2. 40% down payment, 2 year term, 15% quarterly, interest-only payments.
NOTE: Title (i.e. the certificate issued in buyer’s name) is not transferred to buyer until full payment of the loan.
A: The Developer has negotiated a discounted acquisition fee (aka “closing costs”) for all buyers at TOV. These costs currently total Rp 33,250,000 per lot (exclusive of the cost of any mortgage placed on the property) and cover all buyer purchase related fees and costs, including:
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All notaris (notary) fees and charges, including: creation, review & signing of the Perikataan Jual Beli (Presale Agreement); creation, review, signing and lodging (submission) to BPN (Badan Pertanahan Nasional Republik Indonesia – the Indonesia National Land Agency) of the Akta Jual Beli (Indonesian Final Purchase and Sale Agreement) and all other conveyance and certification documentation and work.
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All BPN Lodging, processing and certification fees to issue the new certificate (Indonesia’s equivalent to a deed) in the name of the buyer or buyer’s nominee.
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Surveying of the property by a BPN authorized surveyor (BPN requires all land be surveyed each time a change of ownership occurs).
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Complete “Nominee Document Package” for those buyers who are not Indonesian citizens and wish to use a nominee for their purchase.